Ian & Stuart's Australian Mac: Not for Sale/Another.not.for.sale (Australia).iso/Dr. Doyle/US crime_bill_txt

INI File | 1994-10-05 | 1MB | 26,234 lines

[Yes, this IS THE CRIME BILL.  It is referred to as a conference report,
because of the particular legislative process it has been through.  But this IS
the Crime Bill and will become law when signed by the president.]


CONFERENCE REPORT ON HR3355, VIOLENT CRIME CONTROL AND
LAW ENFORCEMENT ACT OF 1993
(As passed by the House on August 21, 1994 and subsequently approved
 by the Senate on August 25, 1994)

Note:  The firearms-related sections begin on page 233.

  Mr. BROOKS submitted the following conference report and statement on the
bill (HR3355) to amend the Omnibus Crime Control and Safe Streets Act of 1968
to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to enhance
public safety:

                     CONFERENCE REPORT (H. REPT. 103-711)


  The committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the amendment of the Senate to the
bill (HR3355), to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to enhance
public safety, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:

  That the Senate recede from its disagreement to the amendment of the House
to the amendment of the Senate to the text of the bill and agree to the same
with an amendment as follows:

  In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
  SECTION 1. SHORT TITLE.

  This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
  SEC. 2. TABLE OF CONTENTS.

  The following is the table of contents for this Act:



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





                     TITLE I-PUBLIC SAFETY AND POLICING

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

                               TITLE II-PRISONS


            SUBTITLE A-VIOLENT OFFENDER INCARCERATION AND TRUTH IN
                         SENTENCING INCENTIVE GRANTS

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

                  SUBTITLE B-PUNISHMENT FOR YOUNG OFFENDERS

Sec.20201.Certain punishment for young offenders.

                        SUBTITLE C-ALIEN INCARCERATION

Sec.20301.Incarceration of undocumented criminal aliens.

                     SUBTITLE D-MISCELLANEOUS PROVISIONS

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

            SUBTITLE D-FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
                                   PROGRAM

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





                          TITLE III-CRIME PREVENTION


                    SUBTITLE A-OUNCE OF PREVENTION COUNCIL

Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.

            SUBTITLE B-LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.

                  SUBTITLE C-MODEL INTENSIVE GRANT PROGRAMS

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

            SUBTITLE D-FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
                                   PROGRAM

Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.

            SUBTITLE G-ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH

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

                        SUBTITLE H-POLICE RECRUITMENT

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

                       SUBTITLE J-LOCAL PARTNERSHIP ACT

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

              SUBTITLE K-NATIONAL COMMUNITY ECONOMIC PARTNERSHIP

Sec. 31101. Short title.

          CHAPTER 1-COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

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

            CHAPTER 2-EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

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

                      CHAPTER 3-MISCELLANEOUS PROVISIONS

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

                SUBTITLE O-URBAN RECREATION AND AT-RISK YOUTH

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

          SUBTITLE Q-COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS

Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. ward of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.

                SUBTITLE S-FAMILY UNITY DEMONSTRATION PROJECT

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

                          CHAPTER 1-GRANTS TO STATES

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

           CHAPTER 2-FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL
                                  PRISONERS

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

           SUBTITLE T-SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS

Sec. 32001. Substance abuse treatment in Federal prisons.

          SUBTITLE U-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
                                  PRISONERS

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

              SUBTITLE V-PREVENTION, DIAGNOSIS, AND TREATMENT OF
                  TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS

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

              SUBTITLE X-GANG RESISTANCE EDUCATION AND TRAINING

Sec. 32401. Gang resistance education and training projects.





                       TITLE IV-VIOLENCE AGAINST WOMEN

Sec.40001.Short title.

                      SUBTITLE A-SAFE STREETS FOR WOMEN

Sec.40101.Short title.

                  CHAPTER 1-FEDERAL PENALTIES FOR SEX CRIMES

Sec.40111.Repeat offenders.
Sec.40112.Federal penalties.
Sec.40113.Mandatory restitution for sex crimes.
Sec.40114.Authorization for Federal victim's counselors.

          CHAPTER 2-LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE
                         VIOLENT CRIMES AGAINST WOMEN

Sec.40121.Grants to combat violent crimes against women.

           CHAPTER 3-SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
                                    PARKS

Sec.40131.Grants for capital improvements to prevent crime in public
transportation.
Sec.40132.Grants for capital improvements to prevent crime in national
parks.
Sec.40133.Grants for capital improvements to prevent crime in public parks.

                       CHAPTER 4-NEW EVIDENTIARY RULES

Sec.40141.Sexual history in criminal and civil cases.

              CHAPTER 5-ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

Sec.40151.Education and prevention grants to reduce sexual assaults against
women.
Sec.40152.Training programs.
Sec.40153.Confidentiality of communications between sexual assault or
domestic violence victims and their counselors.
Sec.40154.Information programs.
Sec.40155.Education and prevention grants to reduce sexual abuse of runaway,
homeless, and street youth.
Sec.40156.Victims of child abuse programs.

                       SUBTITLE B-SAFE HOMES FOR WOMEN

Sec.40201.Short title.

                 CHAPTER 1-NATIONAL DOMESTIC VIOLENCE HOTLINE

Sec.40211.Grant for a national domestic violence hotline.

                       CHAPTER 2-INTERSTATE ENFORCEMENT

Sec.40221.Interstate enforcement.

             CHAPTER 3-ARREST POLICIES IN DOMESTIC VIOLENCE CASES

Sec.40231.Encouraging arrest policies.

                           CHAPTER 4-SHELTER GRANTS

Sec.40241.Grants for battered women's shelters.

                          CHAPTER 5-YOUTH EDUCATION

Sec.40251.Youth education and domestic violence.

              CHAPTER 6-COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

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

            CHAPTER 7-FAMILY VIOLENCE PREVENTION AND SERVICES ACT
                                  AMENDMENTS

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

                 CHAPTER 8-CONFIDENTIALITY FOR ABUSED PERSONS

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

                         CHAPTER 9-DATA AND RESEARCH

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

              CHAPTER 10-RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
                                 ENFORCEMENT

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

                      SUBTITLE C-CIVIL RIGHTS FOR WOMEN

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

             SUBTITLE D-EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

Sec.40401.Short title.

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

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

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

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

              SUBTITLE E-VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

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

         SUBTITLE F-NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

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

           SUBTITLE G-PROTECTIONS FOR BATTERED IMMIGRANT WOMEN AND
                                   CHILDREN

Sec.40701.Alien petitioning rights for immediate relative or second
preference status.
Sec.40702.Use of credible evidence in spousal waiver applications.
Sec.40703.Suspension of deportation.

                             TITLE V-DRUG COURTS

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

                            TITLE VI-DEATH PENALTY

Sec.60001.Short title.
Sec.60002.Constitutional procedures for the imposition of the sentence of
death.
Sec.60003.Specific offenses for which death penalty is authorized.
Sec.60004.Applicability to Uniform Code of Military Justice.
Sec.60005.Death penalty for murder by a Federal prisoner.
Sec.60006.Death penalty for civil rights murders.
Sec.60007.Death penalty for the murder of Federal law enforcement officials.
Sec.60008.New offense for the indiscriminate use of weapons to further drug
conspiracies.
Sec.60009.Foreign murder of United States nationals.
Sec.60010.Death penalty for rape and child molestation murders.
Sec.60011.Death penalty for sexual exploitation of children.
Sec.60012.Murder by escaped prisoners.
Sec.60013.Death penalty for gun murders during Federal crimes of violence
and drug trafficking crimes.
Sec.60014.Homicides and attempted homicides involving firearms in Federal
facilities.
Sec.60015.Death penalty for the murder of State or local officials assisting
Federal law enforcement officials and State correctional officers.
Sec.60016.Protection of court officers and jurors.
Sec.60017.Prohibition of retaliatory killings of witnesses, victims, and
informants.
Sec.60018.Death penalty for murder of Federal witnesses.
Sec.60019.Offenses of violence against maritime navigation or fixed
platforms.
Sec.60020.Torture.
Sec.60021.Violence at airports serving international civil aviation.
Sec.60022.Terrorist Death Penalty Act.
Sec.60023.Weapons of mass destruction.
Sec.60024.Enhanced penalties for alien smuggling.
Sec.60025.Protection of jurors and witnesses in capital cases.
Sec.60026.Appointment of Counsel.

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

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





          TITLE VIII-APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
                                CERTAIN CASES

Sec.80001.Limitation on applicability of mandatory minimum penalties in
certain cases.

                            TITLE IX-DRUG CONTROL


             SUBTITLE A-ENHANCED PENALTIES AND GENERAL PROVISIONS

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

           SUBTITLE B-NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS

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

                       TITLE X-DRUNK DRIVING PROVISIONS

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

                              TITLE XI-FIREARMS


                          SUBTITLE A-ASSAULT WEAPONS

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

                       SUBTITLE B-YOUTH HANDGUN SAFETY

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

                             SUBTITLE C-LICENSURE

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

                         SUBTITLE D-DOMESTIC VIOLENCE

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

                        SUBTITLE E-GUN CRIME PENALTIES

Sec.110501.Enhanced penalty for use of a semiautomatic firearm during a
crime of violence or a drug trafficking crime.
Sec.110502.Enhanced penalty for second offense of using an explosive to
commit a felony.
Sec.110503.Smuggling firearms in aid of drug trafficking.
Sec.110504.Theft of firearms and explosives.
Sec.110505.Revocation of supervised release after imprisonment.
Sec.110506.Revocation of probation.
Sec.110507.Increased penalty for knowingly making false, material Statement
in connection with the acquisition of a firearm from a licensed dealer.
Sec.110508.Possession of explosives by felons and others.
Sec.110509.Summary destruction of explosives subject to forfeiture.
Sec.110510.Elimination of outmoded language relating to parole.
Sec.110511.Prohibition against transactions involving stolen firearms which
have moved in interstate or foreign commerce.
Sec.110512.Using a firearm in the commission of counterfeiting or forgery.
Sec.110513.Enhanced penalties for firearms possession by violent felons and
serious drug offenders.
Sec.110514.Receipt of firearms by nonresident.
Sec.110515.Theft of firearms or explosives from licensee.
Sec.110516.Disposing of explosives to prohibited persons.
Sec.110517.Increased penalty for interstate gun trafficking.
Sec.110518.Firearms and explosives conspiracy.
Sec.110519.Definition of armor piercing ammunition.

                             TITLE XII-TERRORISM

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

            TITLE XIII-CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

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

                          TITLE XIV-YOUTH VIOLENCE

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

                        TITLE XV-CRIMINAL STREET GANGS

Sec.150001.Criminal street gangs.
Sec.150002.Adult prosecution of serious juvenile offenders.
Sec.150003.Addition of anti-gang Byrne grant funding objective.
Sec.150006.Mentoring program.
Sec.150007.Juvenile anti-drug and anti-gang grants in federally assisted
low-income housing.
Sec.150008.Gang investigation coordination and information collection.
Sec.150009.Multijurisdictional gang task forces.

                         TITLE XVI-CHILD PORNOGRAPHY

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

                      TITLE XVII-CRIMES AGAINST CHILDREN


           SUBTITLE A-JACOB WETTERLING CRIMES AGAINST CHILDREN AND
                  SEXUALLY VIOLENT OFFENDER REGISTRATION ACT

Sec.170101.Establishment of program.

                     SUBTITLE B-ASSAULTS AGAINST CHILDREN

Sec.170201.Assaults against children.

                  SUBTITLE C-MISSING AND EXPLOITED CHILDREN

Sec.170301.Short title.
Sec.170302.Purpose.
Sec.170303.Establishment of task force.

                           TITLE XVIII-RURAL CRIME


                  SUBTITLE A-DRUG TRAFFICKING IN RURAL AREAS

Sec.180101.Authorizations for rural law enforcement agencies.
Sec.180102.Rural crime and drug enforcement task forces.
Sec.180103.Rural drug enforcement training.
Sec.180104.More agents for the Drug Enforcement Administration.

            SUBTITLE B-DRUG FREE TRUCK STOPS AND SAFETY REST AREAS

Sec.180201.Drug free truck stops and safety rest areas.

           SUBTITLE C-SENSE OF CONGRESS REGARDING FUNDING FOR RURAL
                                    AREAS

Sec.180301.Funding for rural areas.

                      TITLE XIX-FEDERAL LAW ENFORCEMENT

Sec.190001.Federal judiciary and Federal law enforcement.

              TITLE XX-POLICE CORPS AND LAW ENFORCEMENT OFFICERS
                            TRAINING AND EDUCATION


                           SUBTITLE A-POLICE CORPS

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

                SUBTITLE B-LAW ENFORCEMENT SCHOLARSHIP PROGRAM

Sec.200201.Short title.
Sec.200202.Definitions.
Sec.200203.Allotment.
Sec.200204.Establishment of program.
Sec.200205.Scholarships.
Sec.200206.Eligibility.
Sec.200207.State application.
Sec.200208.Local application.
Sec.200209.Scholarship agreement.
Sec.200210.Authorization of appropriations.

                  TITLE XXI-STATE AND LOCAL LAW ENFORCEMENT


                           SUBTITLE A-BYRNE PROGRAM

Sec.210101.Extension of Byrne Grant funding.





                  SUBTITLE B-LAW ENFORCEMENT FAMILY SUPPORT

Sec.210201.Law enforcement family support.

                        SUBTITLE C-DNA IDENTIFICATION

Sec.210301.Short title.
Sec.210302.Funding to improve the quality and availability of DNA analyses
for law enforcement identification purposes.
Sec.210303.Quality assurance and proficiency testing standards.
Sec.210304.Index to facilitate law enforcement exchange of DNA
identification information.
Sec.210305.Federal Bureau of Investigation.
Sec.210306.Authorization of appropriations.

                    SUBTITLE D-POLICE PATTERN OR PRACTICE

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

            SUBTITLE E-IMPROVED TRAINING AND TECHNICAL AUTOMATION

Sec.210501.Improved training and technical automation.

                     SUBTITLE F-OTHER STATE AND LOCAL AID

Sec.210601.Reauthorization of Office of Justice Programs.
Sec.210602.Federal assistance to ease the increased burdens on State court
systems resulting from enactment of this act.
Sec.210603.Availability of violent crime reduction trust fund to fund
activities authorized by the Brady Handgun Violence Prevention Act and the
National Child Protection Act of 1993.

                  TITLE XXII-MOTOR VEHICLE THEFT PREVENTION

Sec.220001.Short title.
Sec.220002.Motor vehicle theft prevention program.
Sec.220003.Altering or removing motor vehicle identification numbers.

                         TITLE XXIII-VICTIMS OF CRIME


                         SUBTITLE A-VICTIMS OF CRIME

Sec.230101.Victim's right of allocution in sentencing.
Sec.230102.Sense of the Senate concerning the right of a victim of a violent
crime or sexual abuse to speak at an offender's sentencing hearing and any
parole hearing.

                        SUBTITLE B-CRIME VICTIMS' FUND

Sec.230201.Allocation of funds for costs and grants.
Sec.230202.Relationship of crime victim compensation to certain Federal
programs.
Sec.230203.Administrative costs for crime victim compensation.
Sec.230204.Grants for demonstration projects.
Sec.230205.Administrative costs for crime victim assistance.
Sec.230206.Maintenance of effort.
Sec.230207.Change of due date for required report.
Sec.230208.Amendment of the Victims of Crime Act.

                    TITLE XXIV-PROTECTIONS FOR THE ELDERLY

Sec.240001.Missing Alzheimer's Disease Patient Alert Program.
Sec.240002.Crimes against the elderly.

              TITLE XXV-SENIOR CITIZENS AGAINST MARKETING SCAMS

Sec.250001.Short title.
Sec.250002.Enhanced penalties for telemarketing fraud.
Sec.250003.Increased penalties for fraud against older victims.
Sec.250004.Rewards for information leading to prosecution and conviction.
Sec.250005.Authorization of appropriations.
Sec.250006.Broadening application of mail fraud statute.
Sec.250007.Fraud and related activity in connection with access devices.
Sec.250008.Information network.

               TITLE XXVI-COMMISSION MEMBERSHIP AND APPOINTMENT

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

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

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

                      TITLE XXVIII-SENTENCING PROVISIONS

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

                          TITLE XXIX-COMPUTER CRIME

Sec.290001.Computer Abuse Amendments Act of 1994.

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

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

                TITLE XXXI-VIOLENT CRIME REDUCTION TRUST FUND

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

                          TITLE XXXII-MISCELLANEOUS


                      SUBTITLE A-INCREASES IN PENALTIES

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

         SUBTITLE B-EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES

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

                         SUBTITLE C-AUDIT AND REPORT

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

                           SUBTITLE D-COORDINATION

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

                             SUBTITLE E-GAMBLING

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

                   SUBTITLE F-WHITE COLLAR CRIME AMENDMENTS

Sec.320601.Receiving the proceeds of extortion or kidnapping.
Sec.320602.Receiving the proceeds of a postal robbery.
Sec.320603.Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
Sec.320604.Miscellaneous amendments to title 18, United States Code.
Sec.320605.Federal Deposit Insurance Act amendment.
Sec.320606.Federal Credit Union Act amendments.
Sec.320607.Addition of predicate offenses to financial institutions rewards
statute.
Sec.320608.Definition of "savings and loan association" for purposes of the
offense of bank robbery and related offenses.
Sec.320609.Definition of 1-year period for purposes of the offense of
obstruction of a Federal audit.

                  SUBTITLE G-SAFER STREETS AND NEIGHBORHOODS

Sec.320701.Short title.
Sec.320702.Limitation on grant distribution.

                    SUBTITLE H-RECREATIONAL HUNTING SAFETY

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

                         SUBTITLE I-OTHER PROVISIONS

Sec.320901.Wiretaps.
Sec.320902.Theft of major artwork.
Sec.320903.Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate inconsistencies and gaps in coverage.
Sec.320904.Gun-free school zones.
Sec.320905.Interstate wagering.
Sec.320906.Sense of Congress with respect to violence against truckers.
Sec.320907.Sense of the Senate regarding a study on out-of-wedlock births.
Sec.320908.Sense of the Senate regarding the role of the united nations in
international organized crime control.
Sec.320909.Optional venue for espionage and related offenses.
Sec.320910.Undercover operations.
Sec.320911.Misuse of initials "DEA".
Sec.320912.Definition of livestock.
Sec.320913.Asset forfeiture.
Sec.320914.Clarification of definition of a "court of the United States" to
include the district courts for Guam, the Northern Mariana Islands, and the
Virgin Islands.
Sec.320915.Law enforcement personnel.
Sec.320916.Authority to investigate violent crimes against travelers.
Sec.320917.Extension of statute of limitations for arson.
Sec.320918.Sense of Congress concerning child custody and visitation rights.
Sec.320919.Edward Byrne Memorial Formula Grant Program.
Sec.320920.Sense of the senate regarding Law Day U.S.A.
Sec.320921.First time domestic violence offender rehabilitation program.
Sec.320922.Display of flags at halfstaff.
Sec.320923.Financial institution fraud.
Sec.320924.Definition of parent for the purposes of the offense of
kidnapping.
Sec.320926.Hate Crime Statistics Act.
Sec.320927.Exemption from Brady background check requirement of return of
handgun to owner.
Sec.320928.Amendment of the National Child Protection Act of 1993.
Sec.320929.Tennessee Valley Authority law enforcement personnel.
Sec.320932.Assistant United States attorney residency.
Sec.320933.Labels on products.
Sec.320934.Non-dischargeability of payment of restitution order.
Sec.320935.Admissibility of evidence of similar crimes in sex offense cases.





                      TITLE XXXIII-TECHNICAL CORRECTIONS

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

                                                                   [pH8776]


                     TITLE I-PUBLIC SAFETY AND POLICING

  SEC. 10001. SHORT TITLE.

  This title may be cited as the "Public Safety Partnership and Community
Policing Act of 1994".
  SEC. 10002. PURPOSES.

  The purposes of this title are to-

  (1) substantially increase the number of law enforcement officers
interacting directly with members of the community ("cops on the beat");

  (2) provide additional and more effective training to law enforcement
officers to enhance their problem solving, service, and other skills needed
in interacting with members of the community;

  (3) encourage the development and implementation of innovative programs to
permit members of the community to assist State, Indian tribal government,
and local law enforcement agencies in the prevention of crime in the
community; and

  (4) encourage the development of new technologies to assist State, Indian
tribal government, and local law enforcement agencies in reorienting the
emphasis of their activities from reacting to crime to preventing crime,

  by establishing a program of grants and assistance in furtherance of these
objectives, including the authorization for a period of 6 years of grants for
the hiring and rehiring of additional career law enforcement officers.
  SEC. 10003. COMMUNITY POLICING; "COPS ON THE BEAT".

  (a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended-

  (1) by redesignating part Q as part R;

  (2) by redesignating section 1701 as section 1801; and

  (3) by inserting after part P the following new part:

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

  "SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS.


  "(a) GRANT AUTHORIZATION.-The Attorney General may make grants to States,
units of local government, Indian tribal governments, other public and
private entities, and multi-jurisdictional or regional consortia thereof to
increase police presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community to address crime and
disorder problems, and otherwise to enhance public safety.

  "(b) REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT PROJECTS.-

  "(1) IN GENERAL.-Grants made under subsection (a) may be used for
programs, projects, and other activities to-

  "(A) rehire law enforcement officers who have been laid off as a result of
State and local budget reductions for deployment in community-oriented
policing;

  "(B) hire and train new, additional career law enforcement officers for
deployment in community-oriented policing across the Nation; and

  "(C) procure equipment, technology, or support systems, or pay overtime,
if the applicant for such a grant demonstrates to the satisfaction of the
Attorney General that expenditures for such purposes would result in an
increase in the number of officers deployed in community-oriented policing
equal to or greater than the increase in the number of officers that would
result from a grant for a like amount for the purposes specified in
subparagraph (A) or (B).

  "(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS.-Grants
pursuant to paragraph (1)(C)-

  "(A) may not exceed-

"(i) 20 percent of the funds available for grants pursuant to this
subsection in fiscal year 1995;

"(ii) 20 percent of the funds available for grants pursuant to this
subsection in fiscal year 1996; or

"(iii) 10 percent of the funds available for grants pursuant to this
subsection in fiscal years 1997, 1998, 1999, and 2000; and

  "(B) may not be awarded in fiscal years 1998, 1999, or 2000 unless the
Attorney General has certified that grants awarded in fiscal years 1995,
1996, and 1997 pursuant to subparagraph (1)(C) have resulted in an increase
in the number of officers deployed in community-oriented policing equal to or
greater than the increase in the number of officers that have resulted from
the grants in like amounts awarded in fiscal years 1995, 1996, and 1997
pursuant to paragraph (1) (A) and (B).

  "(c) TROOPS-TO-COPS PROGRAMS.-

  "(1) IN GENERAL.-Grants made under subsection (a) may be used to hire
former members of the Armed Forces to serve as career law enforcement
officers for deployment in community-oriented policing, particularly in
communities that are adversely affected by a recent military base closing.

  "(2) DEFINITION.-In this subsection, `former member of the Armed Forces'
means a member of the Armed Forces of the United States who is involuntarily
separated from the Armed Forces within the meaning of section 1141 of title
10, United States Code.

  "(d) ADDITIONAL GRANT PROJECTS.-Grants made under subsection (a) may
include programs, projects, and other activities to-

  "(1) increase the number of law enforcement officers involved in
activities that are focused on interaction with members of the community on
proactive crime control and prevention by redeploying officers to such
activities;

  "(2) provide specialized training to law enforcement officers to enhance
their conflict resolution, mediation, problem solving, service, and other
skills needed to work in partnership with members of the community;

  "(3) increase police participation in multidisciplinary early intervention
teams;

  "(4) develop new technologies to assist State and local law enforcement
agencies in reorienting the emphasis of their activities from reacting to
crime to preventing crime;

  "(5) develop and implement innovative programs to permit members of the
community to assist State and local law enforcement agencies in the
prevention of crime in the community, such as a citizens' police academy,
including programs designed to increase the level of access to the criminal
justice system enjoyed by victims, witnesses, and ordinary citizens by
establishing decentralized satellite offices (including video facilities) of
principal criminal courts buildings;

  "(6) establish innovative programs to reduce, and keep to a minimum, the
amount of time that law enforcement officers must be away from the community
while awaiting court appearances;

  "(7) establish and implement innovative programs to increase and enhance
proactive crime control and prevention programs involving law enforcement
officers and young persons in the community;

  "(8) develop and establish new administrative and managerial systems to
facilitate the adoption of community-oriented policing as an
organization-wide philosophy;

  "(9) establish, implement, and coordinate crime prevention and control
programs (involving law enforcement officers working with community members)
with other Federal programs that serve the community and community members to
better address the comprehensive needs of the community and its members; and

  "(10) support the purchase by a law enforcement agency of no more than 1
service weapon per officer, upon hiring for deployment in community-oriented
policing or, if necessary, upon existing officers' initial redeployment to
community-oriented policing.

  "(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN GRANTS.-In
awarding grants under this part, the Attorney General may give preferential
consideration, where feasible, to applications for hiring and rehiring
additional career law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under subsection (i).

  "(f) TECHNICAL ASSISTANCE.-

  "(1) IN GENERAL.-The Attorney General may provide technical assistance to
States, units of local government, Indian tribal governments, and to other
public and private entities, in furtherance of the purposes of the Public
Safety Partnership and Community Policing Act of 1994.

  "(2) MODEL.-The technical assistance provided by the Attorney General may
include the development of a flexible model that will define for State and
local governments, and other public and private entities, definitions and
strategies associated with community or problem-oriented policing and
methodologies for its implementation.

  "(3) TRAINING CENTERS AND FACILITIES.-The technical assistance provided by
the Attorney General may include the establishment and operation of training
centers or facilities, either directly or by contracting or cooperative
arrangements. The functions of the centers or facilities established under
this paragraph may include instruction and seminars for police executives,
managers, trainers, supervisors, and such others as the Attorney General
considers to be appropriate concerning community or problem-oriented policing
and improvements in police-community interaction and cooperation that further
the purposes of the Public Safety Partnership and Community Policing Act of
1994.

  "(g) UTILIZATION OF COMPONENTS.-The Attorney General may utilize any
component or components of the Department of Justice in carrying out this
part.

  "(h) MINIMUM AMOUNT.-Unless all applications submitted by any State and
grantee within the State pursuant to subsection (a) have been funded, each
qualifying State, together with grantees within the State, shall receive in
each fiscal year pursuant to subsection (a) not less than 0.5 percent of the
total amount appropriated in the fiscal year for grants pursuant to that
subsection. In this subsection, `qualifying State' means any State which has
submitted an application for a grant, or in which an eligible entity has
submitted an application for a grant, which meets the requirements prescribed
by the Attorney General and the conditions set out in this part.

  "(i) MATCHING FUNDS.-The portion of the costs of a program, project, or
activity provided by a grant under subsection (a) may not exceed 75 percent,
unless the Attorney General waives, wholly or in part, the requirement under
this subsection of a non-Federal contribution to the costs of a program,
project, or activity. In relation to a grant for a period exceeding 1 year
for hiring or rehiring career law enforcement officers, the Federal share
shall decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local sources of
funding following the conclusion of Federal support, as provided in an
approved plan pursuant to section 1702(c)(8).

  "(j) ALLOCATION OF FUNDS.-The funds available under this part shall be
allocated as provided in section 1001(a)(11)(B).

  "(k) TERMINATION OF GRANTS FOR HIRING OFFICERS.-The authority under
subsection (a) of this section to make grants for the hiring and rehiring of
additional career law enforcement officers shall lapse at the conclusion of 6
years from the date of enactment of this part. Prior to the expiration of
this grant authority, the Attorney General shall submit a report to Congress
concerning the experience with and effects of such grants. The report may
include any recommendations the Attorney General may have for amendments to
this part and related provisions of law in light of the termination of the
authority to make grants for the hiring and rehiring of additional career law
enforcement officers.
                                                                   [pH8777]

  "SEC. 1702. APPLICATIONS.

  "(a) IN GENERAL.-No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney General.

  "(b) APPLICATION.-An application for a grant under this part shall be
submitted in such form, and contain such information, as the Attorney General
may prescribe by regulation or guidelines.

  "(c) CONTENTS.-In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under this
part shall-

  "(1) include a long-term strategy and detailed implementation plan that
reflects consultation with community groups and appropriate private and
public agencies and reflects consideration of the statewide strategy under
section 503(a)(1);

  "(2) demonstrate a specific public safety need;

  "(3) explain the applicant's inability to address the need without Federal
assistance;

  "(4) identify related governmental and community initiatives which
complement or will be coordinated with the proposal;

  "(5) certify that there has been appropriate coordination with all
affected agencies;

  "(6) outline the initial and ongoing level of community support for
implementing the proposal including financial and in-kind contributions or
other tangible commitments;

  "(7) specify plans for obtaining necessary support and continuing the
proposed program, project, or activity following the conclusion of Federal
support;

  "(8) if the application is for a grant for hiring or rehiring additional
career law enforcement officers, specify plans for the assumption by the
applicant of a progressively larger share of the cost in the course of time,
looking toward the continuation of the increased hiring level using State or
local sources of funding following the conclusion of Federal support;

  "(9) assess the impact, if any, of the increase in police resources on
other components of the criminal justice system;

  "(10) explain how the grant will be utilized to reorient the affected law
enforcement agency's mission toward community-oriented policing or enhance
its involvement in or commitment to community-oriented policing; and

  "(11) provide assurances that the applicant will, to the extent
practicable, seek, recruit, and hire members of racial and ethnic minority
groups and women in order to increase their ranks within the sworn positions
in the law enforcement agency.

  "(d) SPECIAL PROVISIONS.-

  "(1) SMALL JURISDICTIONS.-Notwithstanding any other provision of this
part, in relation to applications under this part of units of local
government or law enforcement agencies having jurisdiction over areas with
population of less than 50,000, the Attorney General may waive 1 or more of
the requirements of subsection (c) and may otherwise make special provisions
to facilitate the expedited submission, processing, and approval of such
applications.

  "(2) SMALL GRANT AMOUNT.-Notwithstanding any other provision of this part,
in relation to applications under section 1701(d) for grants of less
than $1,000,000, the Attorney General may waive 1 or more of the requirements
of subsection (c) and may otherwise make special provisions to facilitate the
expedited submission, processing, and approval of such applications.
  "SEC. 1703. RENEWAL OF GRANTS.

  "(a) IN GENERAL.-Except for grants made for hiring or rehiring additional
career law enforcement officers, a grant under this part may be renewed for
up to 2 additional years after the first fiscal year during which a recipient
receives its initial grant, if the Attorney General determines that the funds
made available to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.

  "(b) GRANTS FOR HIRING.-Grants made for hiring or rehiring additional
career law enforcement officers may be renewed for up to 5 years, subject to
the requirements of subsection (a), but notwithstanding the limitation in
that subsection concerning the number of years for which grants may be
renewed.

  "(c) MULTIYEAR GRANTS.-A grant for a period exceeding 1 year may be
renewed as provided in this section, except that the total duration of such a
grant including any renewals may not exceed 3 years, or 5 years if it is a
grant made for hiring or rehiring additional career law enforcement officers.

                                                                   [pH8778]

  "SEC. 1704. LIMITATION ON USE OF FUNDS.

  "(a) NONSUPPLANTING REQUIREMENT.-Funds made available under this part to
States or units of local government shall not be used to supplant State or
local funds, or, in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received under this part,
be made available from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of Indian Affairs.

  "(b) NON-FEDERAL COSTS.-

  "(1) IN GENERAL.-States and units of local government may use assets
received through the Assets Forfeiture equitable sharing program to provide
the non-Federal share of the cost of programs, projects, and activities
funded under this part.

  "(2) INDIAN TRIBAL GOVERNMENTS.-Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any Indian lands may
be used to provide the non-Federal share of the cost of programs or projects
funded under this part.

  "(c) HIRING COSTS.-Funding provided under this part for hiring or rehiring
a career law enforcement officer may not exceed $75,000, unless the Attorney
General grants a waiver from this limitation.
  "SEC. 1705. PERFORMANCE EVALUATION.

  "(a) MONITORING COMPONENTS.-Each program, project, or activity funded
under this part shall contain a monitoring component, developed pursuant to
guidelines established by the Attorney General. The monitoring required by
this subsection shall include systematic identification and collection of
data about activities, accomplishments, and programs throughout the life of
the program, project, or activity and presentation of such data in a usable
form.

  "(b) EVALUATION COMPONENTS.-Selected grant recipients shall be evaluated
on the local level or as part of a national evaluation, pursuant to
guidelines established by the Attorney General. Such evaluations may include
assessments of individual program implementations. In selected jurisdictions
that are able to support outcome evaluations, the effectiveness of funded
programs, projects, and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life measures,
community perceptions, and police perceptions of their own work.

  "(c) PERIODIC REVIEW AND REPORTS.-The Attorney General may require a grant
recipient to submit to the Attorney General the results of the monitoring and
evaluations required under subsections (a) and (b) and such other data and
information as the Attorney General deems reasonably necessary.
  "SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.

  "If the Attorney General determines, as a result of the reviews required
by section 1705, or otherwise, that a grant recipient under this part is not
in substantial compliance with the terms and requirements of an approved
grant application submitted under section 1702, the Attorney General may
revoke or suspend funding of that grant, in whole or in part.
  "SEC. 1707. ACCESS TO DOCUMENTS.

  "(a) BY THE ATTORNEY GENERAL.-The Attorney General shall have access for
the purpose of audit and examination to any pertinent books, documents,
papers, or records of a grant recipient under this part and to the pertinent
books, documents, papers, or records of State and local governments, persons,
businesses, and other entities that are involved in programs, projects, or
activities for which assistance is provided under this part.

  "(b) BY THE COMPTROLLER GENERAL.-Subsection (a) shall apply with respect
to audits and examinations conducted by the Comptroller General of the United
States or by an authorized representative of the Comptroller General.
  "SEC. 1708. GENERAL REGULATORY AUTHORITY.

  "The Attorney General may promulgate regulations and guidelines to carry
out this part.
  "SEC. 1709. DEFINITIONS.

  "In this part-

  "`career law enforcement officer' means a person hired on a permanent
basis who is authorized by law or by a State or local public agency to engage
in or supervise the prevention, detection, or investigation of violations of
criminal laws.

  "`citizens' police academy' means a program by local law enforcement
agencies or private non profit organizations in which citizens, especially
those who participate in neighborhood watch programs, are trained in ways of
facilitating communication between the community and local law enforcement in
the prevention of crime.

  "`Indian tribe' means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et seq.) is
amended by striking the item relating to part Q and inserting the following:




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

"Sec.1701.Authority to make public safety and community policing grants.
"Sec.1702.Applications.
"Sec.1703.Renewal of grants.
"Sec.1704.Limitation on use of funds.
"Sec.1705.Performance evaluation.
"Sec.1706.Revocation or suspension of funding.
"Sec.1707.Access to documents.
"Sec.1708.General regulatory authority.
"Sec.1709.Definition.

                "PART R-TRANSITION; EFFECTIVE DATE; REPEALER

"Sec.1801.Continuation of rules, authorities, and proceedings.".


  (c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended-

  (1) in paragraph (3) by striking "and O" and inserting "O, P, and Q"; and

  (2) by adding at the end the following new paragraph:

  "(11)(A) There are authorized to be appropriated to carry out part Q, to
remain available until expended-

  "(i) $1,332,000,000 for fiscal year 1995;

  "(ii) $1,850,000,000 for fiscal year 1996;

  "(iii) $1,950,000,000 for fiscal year 1997;

  "(iv) $1,700,000,000 for fiscal year 1998;

  "(v) $1,700,000,000 for fiscal year 1999; and

  "(vi) $268,000,000 for fiscal year 2000.

  "(B) Of funds available under part Q in any fiscal year, up to 3 percent
may be used for technical assistance under section 1701(f) or for evaluations
or studies carried out or commissioned by the Attorney General in furtherance
of the purposes of part Q. Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications submitted by units of local
government or law enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities that serve
areas with populations exceeding 150,000, and 50 percent shall be allocated
for grants pursuant to applications submitted by units of local government or
law enforcement agencies having jurisdiction over areas with populations
150,000 or less or by public and private entities that serve areas with
populations 150,000 or less. Of the funds available in relation to grants
under part Q, at least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may be applied to
other grants in furtherance of the purposes of part Q. In view of the
extraordinary need for law enforcement assistance in Indian country, an
appropriate amount of funds available under part Q shall be made available
for grants to Indian tribal governments or tribal law enforcement agencies.".

                               TITLE II-PRISONS


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

  SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

  (a) GRANT AUTHORIZATION.-The Attorney General may make grants to
individual States and to States organized as multi-State compacts to
construct, develop, expand, modify, operate, or improve correctional
facilities, including boot camp facilities and other alternative correctional
facilities that can free conventional prison space for the confinement of
violent offenders, to ensure that prison cell space is available for the
confinement of violent offenders and to implement truth in sentencing laws
for sentencing violent offenders.

  (b) ELIGIBILITY.-To be eligible to receive a grant under this subtitle, a
State or States organized as multi-State compacts shall submit an application
to the Attorney General which includes-

  (1) assurances that the State or States have implemented, or will
implement, correctional policies and programs, including truth in sentencing
laws that ensure that violent offenders serve a substantial portion of the
sentences imposed, that are designed to provide sufficiently severe
punishment for violent offenders, including violent juvenile offenders, and
that the prison time served is appropriately related to the determination
that the inmate is a violent offender and for a period of time deemed
necessary to protect the public;

  (2) assurances that the State or States have implemented policies that
provide for the recognition of the rights and needs of crime victims;

  (3) assurances that funds received under this section will be used to
construct, develop, expand, modify, operate, or improve correctional
facilities to ensure that prison cell space is available for the confinement
of violent offenders;

  (4) assurances that the State or States have a comprehensive correctional
plan which represents an integrated approach to the management and operation
of correctional facilities and programs and which includes diversion
programs, particularly drug diversion programs, community corrections
programs, a prisoner screening and security classification system,
appropriate professional training for corrections officers in dealing with
violent offenders, prisoner rehabilitation and treatment programs, prisoner
work activities (including, to the extent practicable, activities relating to
the development, expansion, modification, or improvement of correctional
facilities) and job skills programs, educational programs, a pre-release
prisoner assessment to provide risk reduction management, post-release
assistance, and an assessment of recidivism rates;

  (5) assurances that the State or States have involved counties and other
units of local government, when appropriate, in the construction,
development, expansion, modification, operation or improvement of
correctional facilities designed to ensure the incarceration of violent
offenders, and that the State or States will share funds received under this
section with counties and other units of local government, taking into
account the burden placed on these units of government when they are required
to confine sentenced prisoners because of overcrowding in State prison
facilities;

  (6) assurances that funds received under this section will be used to
supplement, not supplant, other Federal, State, and local funds;

  (7) assurances that the State or States have implemented, or will
implement within 18 months after the date of the enactment of this Act,
policies to determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which they are
entitled;

  (8) if applicable, documentation of the multi-State compact agreement that
specifies the construction, development, expansion, modification, operation,
or improvement of correctional facilities; and

  (9) if applicable, a description of the eligibility criteria for prisoner
participation in any boot camp that is to be funded.

  (c) CONSIDERATION.-The Attorney General, in making such grants, shall give
consideration to the special burden placed on States which incarcerate a
substantial number of inmates who are in the United States illegally.
                                                                   [pH8779]

  SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

  (a) TRUTH IN SENTENCING GRANT PROGRAM.-Fifty percent of the total amount
of funds appropriated to carry out this subtitle for each of fiscal years
1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in
Sentencing Incentive Grants. To be eligible to receive such a grant, a State
must meet the requirements of section 20101(b) and shall demonstrate that the
State-

  (1) has in effect laws which require that persons convicted of violent
crimes serve not less than 85 percent of the sentence imposed; or

  (2) since 1993-

  (A) has increased the percentage of convicted violent offenders sentenced
to prison;

  (B) has increased the average prison time which will be served in prison
by convicted violent offenders sentenced to prison;

  (C) has increased the percentage of sentence which will be served in
prison by violent offenders sentenced to prison; and

  (D) has in effect at the time of application laws requiring that a person
who is convicted of a violent crime shall serve not less than 85 percent of
the sentence imposed if-

(i) the person has been convicted on 1 or more prior occasions in a court of
the United States or of a State of a violent crime or a serious drug offense;
and

(ii) each violent crime or serious drug offense was committed after the
defendant's conviction of the preceding violent crime or serious drug
offense.

  (b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS.-

  (1) FORMULA ALLOCATION.-The amount available to carry out this section for
any fiscal year under subsection (a) shall be allocated to each eligible
State in the ratio that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for 1993 bears to the number of
part 1 violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.

  (2) TRANSFER OF UNUSED FUNDS.-On September 30 of each of fiscal years
1996, 1998, 1999, and 2000, the Attorney General shall transfer to the funds
to be allocated under section 20103(b)(1) any funds made available to carry
out this section that are not allocated to an eligible State under
paragraph (1).
  SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

  (a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM.-Fifty percent of the
total amount of funds appropriated to carry out this subtitle for each of
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available
for Violent Offender Incarceration Grants. To be eligible to receive such a
grant, a State or States must meet the requirements of section 20101(b).

  (b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS.-

  (1) FORMULA ALLOCATION.-Eighty-five percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year under
subsection (a) and any amount transferred under section 20102(b)(2) for that
fiscal year shall be allocated as follows:

  (A) 0.25 percent shall be allocated to each eligible State except that the
United States Virgin Islands, American Samoa, Guam and the Northern Mariana
Islands each shall be allocated 0.05 percent.

  (B) The amount remaining after application of subparagraph (A) shall be
allocated to each eligible State in the ratio that the number of part 1
violent crimes reported by such State to the Federal Bureau of Investigation
for 1993 bears to the number of part 1 violent crimes reported by all States
to the Federal Bureau of Investigation for 1993.

  (2) DISCRETIONARY ALLOCATION.-Fifteen percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year under
subsection (a) and any amount transferred under section 20103(b)(3) for that
fiscal year shall be allocated at the discretion of the Attorney General to
States that have demonstrated the greatest need for such grants and the
ability to best utilize the funds to meet the objectives of the grant program
and ensure that prison cell space is available for the confinement of violent
offenders.

  (3) TRANSFER OF UNUSED FORMULA FUNDS.-On September 30 of each of fiscal
years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer
to the discretionary program under paragraph (2) any funds made available for
allocation under paragraph (1) that are not allocated to an eligible State
under paragraph (1).
  SEC. 20104. MATCHING REQUIREMENT.

  The Federal share of a grant received under this subtitle may not exceed
75 percent of the costs of a proposal described in an application approved
under this subtitle.
  SEC. 20105. RULES AND REGULATIONS.

  (a) The Attorney General shall issue rules and regulations regarding the
uses of grant funds received under this subtitle not later than 90 days after
the date of enactment of this Act.

  (b) If data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall utilize
the best available comparable data regarding the number of violent crimes for
1993 for that State for the purposes of allocation of any funds under this
subtitle.
  SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

  The Attorney General may request that the Director of the National
Institute of Corrections and the Director of the Federal Bureau of Prisons
provide technical assistance and training to a State or States that receive a
grant under this subtitle to achieve the purposes of this subtitle.
  SEC. 20107. EVALUATION.

  The Attorney General may request the Director of the National Institute of
Corrections to assist with an evaluation of programs established with funds
under this subtitle.
  SEC. 20108. DEFINITIONS.

  In this subtitle-

  "boot camp" means a correctional program of not more than 6 months'
incarceration involving-

  (A) assignment for participation in the program, in conformity with State
law, by prisoners other than prisoners who have been convicted at any time of
a violent felony;

  (B) adherence by inmates to a highly regimented schedule that involves
strict discipline, physical training, and work;

  (C) participation by inmates in appropriate education, job training, and
substance abuse counseling or treatment; and

  (D) post-incarceration aftercare services for participants that are
coordinated with the program carried out during the period of imprisonment.

  "part 1 violent crimes" means murder and non-negligent manslaughter,
forcible rape, robbery, and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform Crime Reports.

  "State" or "States" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
  SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this subtitle-

  (1) $175,000,000 for fiscal year 1995;

  (2) $750,000,000 for fiscal year 1996;

  (3) $1,000,000,000 for fiscal year 1997;

  (4) $1,900,000,000 for fiscal year 1998;

  (5) $2,000,000,000 for fiscal year 1999; and

  (6) $2,070,000,000 for fiscal year 2000.

                  Subtitle B-Punishment for Young Offenders

  SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.

  (a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a), is amended-

  (1) by redesignating part R as part S;

  (2) by redesignating section 1801 as section 1901; and

  (3) by inserting after part Q the following new part:

               "PART R-CERTAIN PUNISHMENT FOR YOUNG OFFENDERS

  "SEC. 1801. GRANT AUTHORIZATION.

  "(a) IN GENERAL.-The Attorney General may make grants under this part to
States, for the use by States and units of local government, for the purpose
of developing alternative methods of punishment for young offenders to
traditional forms of incarceration and probation.

  "(b) ALTERNATIVE METHODS.-The alternative methods of punishment referred
to in subsection (a) should ensure certain punishment for young offenders and
promote reduced recidivism, crime prevention, and assistance to victims,
particularly for young offenders who can be punished more effectively in an
environment other than a traditional correctional facility, including-

  "(1) alternative sanctions that create accountability and certain
punishment for young offenders;

  "(2) restitution programs for young offenders;

  "(3) innovative projects, such as projects consisting of education and job
training activities for incarcerated young offenders, modeled, to the extent
practicable, after activities carried out under part B of title IV of the Job
Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.) and
projects that provide family counseling;

  "(4) correctional options, such as community-based incarceration, weekend
incarceration, and electronic monitoring of offenders;

  "(5) community service programs that provide work service placement for
young offenders at non-profit, private organizations and community
organizations;

  "(6) innovative methods that address the problems of young offenders
convicted of serious substance abuse (including alcohol abuse) and
gang-related offenses; and

  "(7) adequate and appropriate after care programs for young offenders,
such as substance abuse treatment, education programs, vocational training,
job placement counseling, family counseling and other support programs upon
release.
                                                                   [pH8780]

  "SEC. 1802. STATE APPLICATIONS.

  "(a) IN GENERAL.-

  "(1) SUBMISSION OF APPLICATION.-To request a grant under this part, the
chief executive of a State shall submit an application to the Attorney
General in such form and containing such information as the Attorney General
may reasonably require.

  "(2) ASSURANCES.-An application under paragraph (1) shall include
assurances that Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be available
for activities funded under this part.

  "(b) STATE OFFICE.-The office designated under section 507-

  "(1) shall prepare the application as required under subsection (a); and

  "(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund disbursement.
  "SEC. 1803. REVIEW OF STATE APPLICATIONS.

  "(a) IN GENERAL.-The Attorney General shall make a grant under section
1801(a) to carry out the projects described in the application submitted by
such applicant under section 1802 upon determining that-

  "(1) the application is consistent with the requirements of this part; and

  "(2) before the approval of the application, the Attorney General has made
an affirmative finding in writing that the proposed project has been reviewed
in accordance with this part.

  "(b) APPROVAL.-Each application submitted under section 1802 shall be
considered approved, in whole or in part, by the Attorney General not later
than 45 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.

  "(c) RESTRICTION.-Grant funds received under this part shall not be used
for land acquisition or construction projects, other than alternative
facilities described in section 1801(b).

  "(d) DISAPPROVAL NOTICE AND RECONSIDERATION.-The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
  "SEC. 1804. LOCAL APPLICATIONS.

  "(a) IN GENERAL.-

  "(1) SUBMISSION OF APPLICATION.-To request funds under this part from a
State, the chief executive of a unit of local government shall submit an
application to the office designated under section 1802(b).

  "(2) APPROVAL.-An application under paragraph (1) shall be considered to
have been approved, in whole or in part, by the State not later than 45 days
after such application is first received unless the State informs the
applicant in writing of specific reasons for disapproval.

  "(3) DISAPPROVAL.-The State shall not disapprove any application submitted
to the State without first affording the applicant reasonable notice and an
opportunity for reconsideration.

  "(4) EFFECT OF APPROVAL.-If an application under subsection (a) is
approved, the unit of local government is eligible to receive funds under
this part.

  "(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT.-A State that receives
funds under section 1801 in a fiscal year shall make such funds available to
units of local government with an application that has been submitted and
approved by the State within 45 days after the Attorney General has approved
the application submitted by the State and has made funds available to the
State. The Attorney General may waive the 45-day requirement in this section
upon a finding that the State is unable to satisfy such requirement under
State statutes.
  "SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.

  "(a) STATE DISTRIBUTION.-Of the total amount appropriated under this part
in any fiscal year-

  "(1) 0.4 percent shall be allocated to each of the participating States;
and

  "(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating States
an amount which bears the same ratio to the amount of remaining funds
described in this paragraph as the number of young offenders of such State
bears to the number of young offenders in all the participating States.

  "(b) LOCAL DISTRIBUTION.-

  "(1) IN GENERAL.-A State that receives funds under this part in a fiscal
year shall distribute to units of local government in such State for the
purposes specified under section 1801 that portion of such funds which bears
the same ratio to the aggregate amount of such funds as the amount of funds
expended by all units of local government for correctional programs in the
preceding fiscal year bears to the aggregate amount of funds expended by the
State and all units of local government in such State for correctional
programs in such preceding fiscal year.

  "(2) UNDISTRIBUTED FUNDS.-Any funds not distributed to units of local
government under paragraph (1) shall be available for expenditure by such
State for purposes specified under section 1801.

  "(3) UNUSED FUNDS.- If the Attorney General determines, on the basis of
information available during any fiscal year, that a portion of the funds
allocated to a State for such fiscal year will not be used by such State or
that a State is not eligible to receive funds under section 1801, the
Attorney General shall award such funds to units of local government in such
State giving priority to the units of local government that the Attorney
General considers to have the greatest need.

  "(c) GENERAL REQUIREMENT.-Notwithstanding subsections (a) and (b), not
less than two-thirds of funds received by a State under this part shall be
distributed to units of local government unless the State applies for and
receives a waiver from the Attorney General.

  "(d) FEDERAL SHARE.-The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1802(a) for the fiscal year for which the
projects receive assistance under this part.

  "(e) CONSIDERATION.-Notwithstanding subsections (a) and (b), in awarding
grants under this part, the Attorney General shall consider as a factor
whether a State has in effect throughout such State a law or policy that
requires that a juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of a firearm or
weapon on school property-

  "(1) be suspended from school for a reasonable period of time; and

  "(2) lose driving license privileges for a reasonable period of time.

  "(f) DEFINITION.-For purposes of this part, `juvenile' means a person 18
years of age or younger.
  "SEC. 1806. EVALUATION.

  "(a) IN GENERAL.-

  "(1) SUBMISSION TO THE DIRECTOR.-Each State and unit of local government
that receives a grant under this part shall submit to the Attorney General an
evaluation not later than March 1 of each year in accordance with guidelines
issued by the Attorney General. Such evaluation shall include an appraisal by
representatives of the community of the programs funded by the grant.

  "(2) WAIVER.-The Attorney General may waive the requirement specified in
paragraph (1) if the Attorney General determines that such evaluation is not
warranted in the case of the State or unit of local government involved.

  "(b) DISTRIBUTION.-The Attorney General shall make available to the public
on a timely basis evaluations received under subsection (a).

  "(c) ADMINISTRATIVE COSTS.-A State or unit of local government may use not
more than 5 percent of funds it receives under this part to develop an
evaluation program under this section.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 10003(a), is amended by striking the matter relating to
part R and inserting the following:




               "PART R-CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS

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

                  "PART S-TRANSITION-EFFECTIVE DATE-REPEALER

"Sec.1901.Continuation of rules, authorities, and proceedings.".


  (c) DEFINITION.-Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), is amended-

  (1) by adding a semicolon at the end of paragraph (21);

  (2) by striking "and" at the end of paragraph (22);

  (3) by striking the period at the end of paragraph (23) and inserting a
semicolon; and

  (4) by adding after paragraph (23) the following:

  "(24) the term `young offender' means a non-violent first-time offender or
a non-violent offender with a minor criminal record who is 22 years of age or
younger (including juveniles).".

  (d) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 10003(c), is amended-

  (1) in paragraph (3) by striking "and Q" and inserting "Q, or R"; and

  (2) by adding at the end the following new paragraph:

  "(16) There are authorized to be appropriated to carry out projects under
part R-

  "(A) $20,000,000 for fiscal year 1996;

  "(B) $25,000,000 for fiscal year 1997;

  "(C) $30,000,000 for fiscal year 1998;

  "(D) $35,000,000 for fiscal year 1999; and

  "(E) $40,000,000 for fiscal year 2000.".

                        Subtitle C-Alien Incarceration

  SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

  (a) INCARCERATION.-Section 242 of the Immigration and Nationality Act (8
U.S.C. 1252) is amended by adding at the end the following new subsection:

  "(j) INCARCERATION.-

  "(1) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect to the
incarceration of an undocumented criminal alien submits a written request to
the Attorney General, the Attorney General shall, as determined by the
Attorney General-

  "(A) enter into a contractual arrangement which provides for compensation
to the State or a political subdivision of the State, as may be appropriate,
with respect to the incarceration of the undocumented criminal alien; or

  "(B) take the undocumented criminal alien into the custody of the Federal
Government and incarcerate the alien.

  "(2) Compensation under paragraph (1)(A) shall be the average cost of
incarceration of a prisoner in the relevant State as determined by the
Attorney General.

  "(3) For purposes of this subsection, the term `undocumented criminal
alien' means an alien who-

  "(A) has been convicted of a felony and sentenced to a term of
imprisonment; and

  "(B)(i) entered the United States without inspection or at any time or
place other than as designated by the Attorney General;

  "(ii) was the subject of exclusion or deportation proceedings at the time
he or she was taken into custody by the State or a political subdivision of
the State; or

  "(iii) was admitted as a nonimmigrant and at the time he or she was taken
into custody by the State or a political subdivision of the State has failed
to maintain the nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the conditions of
any such status.

  "(4)(A) In carrying out paragraph (1), the Attorney General shall give
priority to the Federal incarceration of undocumented criminal aliens who
have committed aggravated felonies.

  "(B) The Attorney General shall ensure that undocumented criminal aliens
incarcerated in Federal facilities pursuant to this subsection are held in
facilities which provide a level of security appropriate to the crimes for
which they were convicted.

  "(5) There are authorized to be appropriated such sums as may be necessary
to carry out this subsection, of which the following amounts may be
appropriated from the Violent Crime Reduction Trust Fund:

  "(A) $130,000,000 for fiscal year 1995;

  "(B) $300,000,000 for fiscal year 1996;

  "(C) $330,000,000 for fiscal year 1997;

  "(D) $350,000,000 for fiscal year 1998;

  "(E) $350,000,000 for fiscal year 1999; and

  "(F) $340,000,000 for fiscal year 2000."

  (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect
October 1, 1994.

  (c) TERMINATION OF LIMITATION.-Notwithstanding section 242(j)(5) of the
Immigration and Nationality Act, as added by subsection (a), the requirements
of section 242(j) of the Immigration and Nationality Act, as added by
subsection (a), shall not be subject to the availability of appropriations on
and after October 1, 2004.
                                                                   [pH8781]


                     Subtitle D-Miscellaneous Provisions

  SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.

  Paragraph (b) of section 3621 of title 18, United States Code, is amended
by inserting after subsection (5) the following: "In designating the place of
imprisonment or making transfers under this subsection, there shall be no
favoritism given to prisoners of high social or economic status.".
  SEC. 20402. PRISON IMPACT ASSESSMENTS.

  (a) IN GENERAL.-Chapter 303 of title 18, United States Code, is amended by
adding at the end the following new section:
  "4047. Prison impact assessments

  "(a) Any submission of legislation by the Judicial or Executive branch
which could increase or decrease the number of persons incarcerated in
Federal penal institutions shall be accompanied by a prison impact
statement (as defined in subsection (b)).

  "(b) The Attorney General shall, in consultation with the Sentencing
Commission and the Administrative Office of the United States Courts, prepare
and furnish prison impact assessments under subsection (c) of this section,
and in response to requests from Congress for information relating to a
pending measure or matter that might affect the number of defendants
processed through the Federal criminal justice system. A prison impact
assessment on pending legislation must be supplied within 21 days of any
request. A prison impact assessment shall include-

  "(1) projections of the impact on prison, probation, and post prison
supervision populations;

  "(2) an estimate of the fiscal impact of such population changes on
Federal expenditures, including those for construction and operation of
correctional facilities for the current fiscal year and 5 succeeding fiscal
years;

  "(3) an analysis of any other significant factor affecting the cost of the
measure and its impact on the operations of components of the criminal
justice system; and

  "(4) a statement of the methodologies and assumptions utilized in
preparing the assessment.

  "(c) The Attorney General shall prepare and transmit to the Congress, by
March 1 of each year, a prison impact assessment reflecting the cumulative
effect of all relevant changes in the law taking effect during the preceding
calendar year.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 303 is amended
by adding at the end the following new item:



"4047. Prison impact assessments.".

  SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
IMPRISONMENT, RELEASE, AND PROBATION.

  (a) IMPOSITION OF SENTENCE.-Section 3572(a) of title 18, United States
Code, is amended-

  (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively; and

  (2) by inserting after paragraph (5) the following new paragraph:

  "(6) the expected costs to the government of any imprisonment, supervised
release, or probation component of the sentence;".

  (b) DUTIES OF THE SENTENCING COMMISSION.-Section 994 of title 28, United
States Code, is amended by adding at the end the following new subsection:

  "(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the expected costs
to the Government of any imprisonment, supervised release, or probation
sentence that is ordered.".
  SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.

  In the case of a prisoner convicted of an offense committed prior to
November 1, 1987, the reference to supervised release in section 4042(b) of
title 18, United States Code, shall be deemed to be a reference to probation
or parole.
  SEC. 20405. CREDITING OF "GOOD TIME".

  Section 3624 of title 18, United States Code, is amended-

  (1) by striking "he" each place it appears and inserting "the prisoner";

  (2) by striking "his" each place it appears and inserting "the
prisoner's";

  (3) in subsection (d) by striking "him" and inserting "the prisoner"; and

  (4) in subsection (b)-

  (A) in the first sentence by inserting "(other than a prisoner serving a
sentence for a crime of violence)" after "A prisoner"; and

  (B) by inserting after the first sentence the following: "A prisoner who
is serving a term of imprisonment of more than 1 year for a crime of
violence, other than a term of imprisonment for the duration of the
prisoner's life, may receive credit toward the service of the prisoner's
sentence, beyond the time served, of up to 54 days at the end of each year of
the prisoner's term of imprisonment, beginning at the end of the first year
of the term, subject to determination by the Bureau of Prisons that, during
that year, the prisoner has displayed exemplary compliance with such
institutional disciplinary regulations.".
  SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
TECHNIQUES.

  (a) TASK FORCE.-The Director of the National Institute of Corrections
shall, subject to availability of appropriations, establish a task force
composed of Federal, State, and local officials expert in prison
construction, and of at least an equal number of engineers, architects, and
construction experts from the private sector with expertise in prison design
and construction, including the use of cost-cutting construction
standardization techniques and cost-cutting new building materials and
technologies.

  (b) COOPERATION.-The task force shall work in close cooperation and
communication with other State and local officials responsible for prison
construction in their localities.

  (c) PERFORMANCE REQUIREMENTS.-The task force shall work to-

  (1) establish and recommend standardized construction plans and techniques
for prison and prison component construction; and

  (2) evaluate and recommend new construction technologies, techniques, and
materials,

  to reduce prison construction costs at the Federal, State, and local
levels and make such construction more efficient.

  (d) DISSEMINATION.-The task force shall disseminate information described
in subsection (c) to State and local officials involved in prison
construction, through written reports and meetings.

  (e) PROMOTION AND EVALUATION.-The task force shall-

  (1) work to promote the implementation of cost-saving efforts at the
Federal, State, and local levels;

  (2) evaluate and advise on the results and effectiveness of such
cost-saving efforts as adopted, broadly disseminating information on the
results; and

  (3) to the extent feasible, certify the effectiveness of the cost-savings
efforts.
  SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.

  (a) IN GENERAL.-In the administration of each grant program funded by
appropriations authorized by this Act or by an amendment made by this Act,
the Attorney General shall encourage-

  (1) innovative methods for the low-cost construction of facilities to be
constructed, converted, or expanded and the low-cost operation of such
facilities and the reduction of administrative costs and overhead expenses;
and

  (2) the use of surplus Federal property.

  (b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DESIGNS.-The Attorney
General may make an assessment of the cost efficiency and utility of using
modular, prefabricated, precast, and pre-engineered construction components
and designs for housing nonviolent criminals.
  SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT AND
THE NATIONAL LITERACY ACT OF 1991.

  (a) TECHNICAL AMENDMENT.-The matter preceding paragraph (1) of section
214(d) of the Department of Education Organization Act (20 U.S.C. 3423a(d))
is amended by striking "under subsection (a)" and inserting "under
subsection (c)".

  (b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS.-Section 601 of the National
Literacy Act of 1991 (20 U.S.C. 1211-2) is amended-

  (1) by redesignating subsection (g) as subsection (i); and

  (2) by inserting after subsection (f) the following new subsections:

  "(g) PANEL.-The Secretary is authorized to consult with and convene a
panel of experts in correctional education, including program administrators
and field-based professionals in adult corrections, juvenile services, jails,
and community corrections programs, to-

  "(1) develop measures for evaluating the effectiveness of the programs
funded under this section; and

  "(2) evaluate the effectiveness of such programs.

  "(h) USE OF FUNDS.-Notwithstanding any other provision of law, the
Secretary may use not more than five percent of funds appropriated under
subsection (i) in any fiscal year to carry out grant-related activities such
as monitoring, technical assistance, and replication and dissemination.".
  SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.

  (a) AMENDMENT OF TITLE 18, UNITED STATES CODE.-Subchapter C of chapter 229
of part 2 of title 18, United States Code, is amended by adding at the end
the following new section:
                                                                   [pH8782]

  "3626. Appropriate remedies with respect to prison crowding

  "(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAINTIFF IN PARTICULAR.-

  "(1) HOLDING.-A Federal court shall not hold prison or jail crowding
unconstitutional under the eighth amendment except to the extent that an
individual plaintiff inmate proves that the crowding causes the infliction of
cruel and unusual punishment of that inmate.

  "(2) RELIEF.-The relief in a case described in paragraph (1) shall extend
no further than necessary to remove the conditions that are causing the cruel
and unusual punishment of the plaintiff inmate.

  "(b) INMATE POPULATION CEILINGS.-

  "(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICULAR PRISONERS.-A
Federal court shall not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equitable remedial measure
for conditions that violate the eighth amendment unless crowding is
inflicting cruel and unusual punishment on particular identified prisoners.

  "(2) RULE OF CONSTRUCTION.-Paragraph (1) shall not be construed to have
any effect on Federal judicial power to issue equitable relief other than
that described in paragraph (1), including the requirement of improved
medical or health care and the imposition of civil contempt fines or damages,
where such relief is appropriate.

  "(c) PERIODIC REOPENING.-Each Federal court order or consent decree
seeking to remedy an eighth amendment violation shall be reopened at the
behest of a defendant for recommended modification at a minimum of 2-year
intervals.".

  (b) APPLICATION OF AMENDMENT.-Section 3626 of title 18, United States
Code, as added by paragraph (1), shall apply to all outstanding court orders
on the date of enactment of this Act. Any State or municipality shall be
entitled to seek modification of any outstanding eighth amendment decree
pursuant to that section.

  (c) TECHNICAL AMENDMENT.-The subchapter analysis for subchapter C of
chapter 229 of title 18, United States Code, is amended by adding at the end
the following new item:



"3626. Appropriate remedies with respect to prison crowding.".


  (d) SUNSET PROVISION.-This section and the amendments made by this section
are repealed effective as of the date that is 5 years after the date of
enactment of this Act.
  SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.

  (a) CONGRESSIONAL APPROVAL.-Notwithstanding any other provision of law,
the existing prison facilities and complex at the District of Columbia
Corrections Facility at Lorton, Virginia, shall not be expanded unless such
expansion has been approved by the Congress under the authority provided to
Congress in section 446 of the District of Columbia Self-Government and
Governmental Reorganization Act.

  (b) SENATE HEARINGS.-The Senate directs the Subcommittee on the District
of Columbia of the Committee on Appropriations of the Senate to conduct
hearings regarding expansion of the prison complex in Lorton, Virginia, prior
to any approval granted pursuant to subsection (a). The subcommittee shall
permit interested parties, including appropriate officials from the County of
Fairfax, Virginia, to testify at such hearings.

  (c) DEFINITION.-For purposes of this section, the terms "expanded"
and "expansion" mean any alteration of the physical structure of the prison
complex that is made to increase the number of inmates incarcerated at the
prison.
  SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.

  (a) IN GENERAL.-Section 401(b)(8) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(8)) is amended to read as follows:

  "(8) No basic grant shall be awarded under this subpart to any individual
who is incarcerated in any Federal or State penal institution.".

  (b) APPLICATION OF AMENDMENT.-The amendment made by this section shall
apply with respect to periods of enrollment beginning on or after the date of
enactment of this Act.
  SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.

  Section 3624(b) of title 18, United States Code, is amended-

  (1) by inserting "(1)" after "behavior.-";

  (2) by striking "Such credit toward service of sentence vests at the time
that it is received. Credit that has vested may not later be withdrawn, and
credit that has not been earned may not later be granted." and
inserting "Credit that has not been earned may not later be granted."; and

  (3) by adding at the end the following:

  "(2) Credit toward a prisoner's service of sentence shall not be vested
unless the prisoner has earned or is making satisfactory progress toward a
high school diploma or an equivalent degree.

  "(3) The Attorney General shall ensure that the Bureau of Prisons has in
effect an optional General Educational Development program for inmates who
have not earned a high school diploma or its equivalent.

  "(4) Exemptions to the General Educational Development requirement may be
made as deemed appropriate by the Director of the Federal Bureau of
Prisons.".
  SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL
PRISON FACILITIES.

  (a) STUDY OF SUITABLE BASES.-The Secretary of Defense and the Attorney
General shall jointly conduct a study of all military installations selected
before the date of enactment of this Act to be closed pursuant to a base
closure law for the purpose of evaluating the suitability of any of these
installations, or portions of these installations, for conversion into
Federal prison facilities. As part of the study, the Secretary and the
Attorney General shall identify the military installations so evaluated that
are most suitable for conversion into Federal prison facilities.

  (b) SUITABILITY FOR CONVERSION.-In evaluating the suitability of a
military installation for conversion into a Federal prison facility, the
Secretary of Defense and the Attorney General shall consider the estimated
cost to convert the installation into a prison facility and such other
factors as the Secretary and the Attorney General consider to be appropriate.

  (c) TIME FOR STUDY.-The study required by subsection (a) shall be
completed not later than the date that is 180 days after the date of
enactment of this Act.

  (d) CONSTRUCTION OF FEDERAL PRISONS.-

  (1) IN GENERAL.-In determining where to locate any new Federal prison
facility, and in accordance with the Department of Justice's duty to review
and identify a use for any portion of an installation closed pursuant to
title II of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526) and the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510), the
Attorney General shall-

  (A) consider whether using any portion of a military installation closed
or scheduled to be closed in the region pursuant to a base closure law
provides a cost-effective alternative to the purchase of real property or
construction of new prison facilities;

  (B) consider whether such use is consistent with a reutilization and
redevelopment plan; and

  (C) give consideration to any installation located in a rural area the
closure of which will have a substantial adverse impact on the economy of the
local communities and on the ability of the communities to sustain an
economic recovery from such closure.

  (2) CONSENT.-With regard to paragraph (1)(B), consent must be obtained
from the local re-use authority for the military installation, recognized and
funded by the Secretary of Defense, before the Attorney General may proceed
with plans for the design or construction of a prison at the installation.

  (3) REPORT ON BASIS OF DECISION.-Before proceeding with plans for the
design or construction of a Federal prison, the Attorney General shall submit
to Congress a report explaining the basis of the decision on where to locate
the new prison facility.

  (4) REPORT ON COST-EFFECTIVENESS.-If the Attorney General decides not to
utilize any portion of a closed military installation or an installation
scheduled to be closed for locating a prison, the report shall include an
analysis of why installations in the region, the use of which as a prison
would be consistent with a reutilization and redevelopment plan, does not
provide a cost-effective alternative to the purchase of real property or
construction of new prison facilities.

  (e) DEFINITION.-In this section, "base closure law" means-

  (1) the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and

  (2) title II of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
  SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING-FEDERAL OFFENDERS.

  (a) DRUG TESTING PROGRAM.-

  (1) IN GENERAL.-Subchapter A of chapter 229 of title 18, United States
Code, is amended by adding at the end the following new section:
  "3608. Drug testing of Federal offenders on post-conviction release

  "The Director of the Administrative Office of the United States Courts, in
consultation with the Attorney General and the Secretary of Health and Human
Services, shall, subject to the availability of appropriations, establish a
program of drug testing of Federal offenders on post-conviction release. The
program shall include such standards and guidelines as the Director may
determine necessary to ensure the reliability and accuracy of the drug
testing programs. In each judicial district the chief probation officer shall
arrange for the drug testing of defendants on post-conviction release
pursuant to a conviction for a felony or other offense described in section
3563(a)(4).".

  (2) TECHNICAL AMENDMENT.-The subchapter analysis for subchapter A of
chapter 229 of title 18, United States Code, is amended by adding at the end
the following new item:



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


  (b) CONDITIONS OF PROBATION.-Section 3563(a) of title 18, United States
Code, is amended-

  (1) in paragraph (2) by striking "and" after the semicolon;

  (2) in paragraph (3) by striking the period and inserting "; and";

  (3) by adding at the end the following new paragraph:

  "(4) for a felony, a misdemeanor, or an infraction, that the defendant
refrain from any unlawful use of a controlled substance and submit to one
drug test within 15 days of release on probation and at least 2 periodic drug
tests thereafter (as determined by the court) for use of a controlled
substance, but the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the defendant's
presentence report or other reliable sentencing information indicates a low
risk of future substance abuse by the defendant."; and

  (4) by adding at the end the following: "The results of a drug test
administered in accordance with paragraph (4) shall be subject to
confirmation only if the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the results
of the test. A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug test confirmation shall
be a urine drug test confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administrative Office of the
United States Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance abuse treatment
programs, or an individual's current or past participation in such programs,
warrants an exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering any action
against a defendant who fails a drug test administered in accordance with
paragraph (4).".

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

  (d) CONDITIONS OF PAROLE.-Section 4209(a) of title 18, United States Code,
is amended by inserting after the first sentence the following: "In every
case, the Commission shall also impose as a condition of parole that the
parolee pass a drug test prior to release and refrain from any unlawful use
of a controlled substance and submit to at least 2 periodic drug tests (as
determined by the Commission) for use of a controlled substance. The
condition stated in the preceding sentence may be ameliorated or suspended by
the Commission for any individual parolee if it determines that there is good
cause for doing so. The results of a drug test administered in accordance
with the provisions of the preceding sentence shall be subject to
confirmation only if the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the results
of the test. A drug test confirmation shall be a urine drug test confirmed
using gas chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may determine to
be of equivalent accuracy. The Commission shall consider whether the
availability of appropriate substance abuse treatment programs, or an
individual's current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission guidelines
from the rule of section 4214(f) when considering any action against a
defendant who fails a drug test.".
                                                                   [pH8783]

  SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.

  (a) IN GENERAL.-Section 6050I of the Internal Revenue Code of
1986 (relating to returns relating to cash received in trade or business) is
amended by adding at the end the following new subsection:

  "(g) CASH RECEIVED BY CRIMINAL COURT CLERKS.-

  "(1) IN GENERAL.-Every clerk of a Federal or State criminal court who
receives more than $10,000 in cash as bail for any individual charged with a
specified criminal offense shall make a return described in paragraph (2) (at
such time as the Secretary may by regulations prescribe) with respect to the
receipt of such bail.

  "(2) RETURN.-A return is described in this paragraph if such return-

  "(A) is in such form as the Secretary may prescribe, and

  "(B) contains-

"(i) the name, address, and TIN of-

"(I) the individual charged with the specified criminal offense, and

"(II) each person posting the bail (other than a person licensed as a bail
bondsman),

"(ii) the amount of cash received,

"(iii) the date the cash was received, and

"(iv) such other information as the Secretary may prescribe.

  "(3) SPECIFIED CRIMINAL OFFENSE.-For purposes of this subsection, the
term `specified criminal offense' means-

  "(A) any Federal criminal offense involving a controlled substance,

  "(B) racketeering (as defined in section 1951, 1952, or 1955 of title 18,
United States Code),

  "(C) money laundering (as defined in section 1956 or 1957 of such title),
and

  "(D) any State criminal offense substantially similar to an offense
described in subparagraph (A), (B), or (C).

  "(4) INFORMATION TO FEDERAL PROSECUTORS.-Each clerk required to include on
a return under paragraph (1) the information described in paragraph (2)(B)
with respect to an individual described in paragraph (2)(B)(i)(I) shall
furnish (at such time as the Secretary may by regulations prescribe) a
written statement showing such information to the United States Attorney for
the jurisdiction in which such individual resides and the jurisdiction in
which the specified criminal offense occurred.

  "(5) INFORMATION TO PAYORS OF BAIL.-Each clerk required to make a return
under paragraph (1) shall furnish (at such time as the Secretary may by
regulations prescribe) to each person whose name is required to be set forth
in such return by reason of paragraph (2)(B)(i)(II) a written statement
showing-

  "(A) the name and address of the clerk's office required to make the
return, and

  "(B) the aggregate amount of cash described in paragraph (1) received by
such clerk.".

  (b) CONFORMING AMENDMENTS.-

  (1) Clause (iv) of section 6724(d)(1)(B) of the Internal Revenue Code of
1986 is amended to read as follows:

"(iv) section 6050I (a) or (g)(1) (relating to cash received in trade or
business, etc.),".

  (2) Subparagraph (K) of section 6724(d)(2) of the Internal Revenue Code of
1986 is amended to read as follows:

  "(K) section 6050I(e) or paragraph (4) or (5) of section
6050I(g) (relating to cash received in trade or business, etc.),".

  (3) The heading for section 6050I of the Internal Revenue Code of 1986 is
amended by striking "BUSINESS" and inserting "BUSINESS, ETC.".

  (4) The table of sections for subpart B of part III of subchapter A of
chapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by
striking "business" and inserting "business, etc." in the item relating to
section 6050I.

  (c) REGULATIONS.-The Secretary of the Treasury or the Secretary's delegate
shall prescribe temporary regulations under the amendments made by this
section within 90 days after the date of enactment of this Act.

  (d) EFFECTIVE DATE.-The amendments made by this section shall take effect
on the 60th day after the date on which the temporary regulations are
prescribed under subsection (c).
  SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

  (a) EXHAUSTION OF ADMINISTRATIVE REMEDIES.-Section 7 of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e) is amended-

  (1) in subsection (a)-

  (A) in paragraph (1), by striking "ninety days" and inserting "180 days";
and

  (B) in paragraph (2), by inserting before the period at the end the
following: "or are otherwise fair and effective"; and

  (2) in subsection (c)-

  (A) in paragraph (1) by inserting before the period at the end the
following: "or are otherwise fair and effective"; and

  (B) in paragraph (2) by inserting before the period at the end the
following: "or is no longer fair and effective".

  (b) EFFECTIVE DATE.-The amendments made by subsection (a) shall take
effect on the date of enactment of this Act.
  SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.

  Section 4042 of title 18, United States Code, is amended-

  (1) by striking "The Bureau" and inserting "(a) IN GENERAL.-The Bureau";

  (2) by striking "This section" and inserting "(c) APPLICATION OF
SECTION.-This section";

  (3) in paragraph (4) of subsection (a), as designated by paragraph (1)-

  (A) by striking "Provide" and inserting "provide"; and

  (B) by striking the period at the end and inserting "; and";

  (4) by inserting after paragraph (4) of subsection (a), as designated by
paragraph (1), the following new paragraph:

  "(5) provide notice of release of prisoners in accordance with
subsection (b)."; and

  (5) by inserting after subsection (a), as designated by paragraph (1), the
following new subsection:

  "(b) NOTICE OF RELEASE OF PRISONERS.-(1) At least 5 days prior to the date
on which a prisoner described in paragraph (3) is to be released on
supervised release, or, in the case of a prisoner on supervised release, at
least 5 days prior to the date on which the prisoner changes residence to a
new jurisdiction, written notice of the release or change of residence shall
be provided to the chief law enforcement officer of the State and of the
local jurisdiction in which the prisoner will reside. Notice prior to release
shall be provided by the Director of the Bureau of Prisons. Notice concerning
a change of residence following release shall be provided by the probation
officer responsible for the supervision of the released prisoner, or in a
manner specified by the Director of the Administrative Office of the United
States Courts. The notice requirements under this subsection do not apply in
relation to a prisoner being protected under chapter 224.

  "(2) A notice under paragraph (1) shall disclose-

  "(A) the prisoner's name;

  "(B) the prisoner's criminal history, including a description of the
offense of which the prisoner was convicted; and

  "(C) any restrictions on conduct or other conditions to the release of the
prisoner that are imposed by law, the sentencing court, or the Bureau of
Prisons or any other Federal agency.

  "(3) A prisoner is described in this paragraph if the prisoner was
convicted of-

  "(A) a drug trafficking crime, as that term is defined in section
924(c)(2); or

  "(B) a crime of violence (as defined in section 924(c)(3)).

  "(4) The notice provided under this section shall be used solely for law
enforcement purposes.".
                                                                   [pH8784]

  SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.

  (a) PURPOSE.-It is the purpose of this section to encourage and support
job training programs, and job placement programs, that provide services to
incarcerated persons or ex-offenders.

  (b) DEFINITIONS.-As used in this section:

  (1) CORRECTIONAL INSTITUTION.-The term "correctional institution" means
any prison, jail, reformatory, work farm, detention center, or halfway house,
or any other similar institution designed for the confinement or
rehabilitation of criminal offenders.

  (2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM.-The term "correctional
job training or placement program" means an activity that provides job
training or job placement services to incarcerated persons or ex-offenders,
or that assists incarcerated persons or ex-offenders in obtaining such
services.

  (3) EX-OFFENDER.-The term "ex-offender" means any individual who has been
sentenced to a term of probation by a Federal or State court, or who has been
released from a Federal, State, or local correctional institution.

  (4) INCARCERATED PERSON.-The term "incarcerated person" means any
individual incarcerated in a Federal or State correctional institution who is
charged with or convicted of any criminal offense.

  (c) ESTABLISHMENT OF OFFICE.-

  (1) IN GENERAL.-The Attorney General shall establish within the Department
of Justice an Office of Correctional Job Training and Placement. The Office
shall be headed by a Director, who shall be appointed by the Attorney
General.

  (2) TIMING.-The Attorney General shall carry out this subsection not later
than 6 months after the date of enactment of this section.

  (d) FUNCTIONS OF OFFICE.-The Attorney General, acting through the Director
of the Office of Correctional Job Training and Placement, in consultation
with the Secretary of Labor, shall-

  (1) assist in coordinating the activities of the Federal Bonding Program
of the Department of Labor, the activities of the Department of Labor related
to the certification of eligibility for targeted jobs credits under section
51 of the Internal Revenue Code of 1986 with respect to ex-offenders, and any
other correctional job training or placement program of the Department of
Justice or Department of Labor;

  (2) provide technical assistance to State and local employment and
training agencies that-

  (A) receive financial assistance under this Act; or

  (B) receive financial assistance through other programs carried out by the
Department of Justice or Department of Labor, for activities related to the
development of employability;

  (3) prepare and implement the use of special staff training materials, and
methods, for developing the staff competencies needed by State and local
agencies to assist incarcerated persons and ex-offenders in gaining
marketable occupational skills and job placement;

  (4) prepare and submit to Congress an annual report on the activities of
the Office of Correctional Job Training and Placement, and the status of
correctional job training or placement programs in the United States;

  (5) cooperate with other Federal agencies carrying out correctional job
training or placement programs to ensure coordination of such programs
throughout the United States;

  (6) consult with, and provide outreach to-

  (A) State job training coordinating councils, administrative entities, and
private industry councils, with respect to programs carried out under this
Act; and

  (B) other State and local officials, with respect to other employment or
training programs carried out by the Department of Justice or Department of
Labor;

  (7) collect from States information on the training accomplishments and
employment outcomes of a sample of incarcerated persons and ex-offenders who
were served by employment or training programs carried out, or that receive
financial assistance through programs carried out, by the Department of
Justice or Department of Labor; and

  (8)(A) collect from States and local governments information on the
development and implementation of correctional job training or placement
programs; and

  (B) disseminate such information, as appropriate.

                          TITLE III-CRIME PREVENTION


                    Subtitle A-Ounce of Prevention Council

  SEC. 30101. OUNCE OF PREVENTION COUNCIL.

  (a) ESTABLISHMENT.-

  (1) IN GENERAL.-There is established an Ounce of Prevention
Council (referred to in this title as the "Council"), the members of which-

  (A) shall include the Attorney General, the Secretary of Education, the
Secretary of Health and Human Services, the Secretary of Housing and Urban
Development, the Secretary of Labor, the Secretary of Agriculture, the
Secretary of the Treasury, the Secretary of the Interior, and the Director of
the Office of National Drug Control Policy; and

  (B) may include other officials of the executive branch as directed by the
President.

  (2) CHAIR.-The President shall designate the Chair of the Council from
among its members (referred to in this title as the "Chair").

  (3) STAFF.-The Council may employ any necessary staff to carry out its
functions, and may delegate any of its functions or powers to a member or
members of the Council.

  (b) PROGRAM COORDINATION.-For any program authorized under the Violent
Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention
Council Chair, only at the request of the Council member with jurisdiction
over that program, may coordinate that program, in whole or in part, through
the Council.

  (c) ADMINISTRATIVE RESPONSIBILITIES AND POWERS.-In addition to the program
coordination provided in subsection (b), the Council shall be responsible for
such functions as coordinated planning, development of a comprehensive crime
prevention program catalogue, provision of assistance to communities and
community-based organizations seeking information regarding crime prevention
programs and integrated program service delivery, and development of
strategies for program integration and grant simplification. The Council
shall have the authority to audit the expenditure of funds received by
grantees under programs administered by or coordinated through the Council.
In consultation with the Council, the Chair may issue regulations and
guidelines to carry out this subtitle and programs administered by or
coordinated through the Council.
  SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.

  (a) IN GENERAL.-The Council may make grants for-

  (1) summer and after-school (including weekend and holiday) education and
recreation programs;

  (2) mentoring, tutoring, and other programs involving participation by
adult role models (such as D.A.R.E. America);

  (3) programs assisting and promoting employability and job placement; and

  (4) prevention and treatment programs to reduce substance abuse, child
abuse, and adolescent pregnancy, including outreach programs for at-risk
families.

  (b) APPLICANTS.-Applicants may be Indian tribal governments, cities,
counties, or other municipalities, school boards, colleges and universities,
private nonprofit entities, or consortia of eligible applicants. Applicants
must show that a planning process has occurred that has involved
organizations, institutions, and residents of target areas, including young
people, and that there has been cooperation between neighborhood-based
entities, municipality-wide bodies, and local private-sector representatives.
Applicants must demonstrate the substantial involvement of neighborhood-based
entities in the carrying out of the proposed activities. Proposals must
demonstrate that a broad base of collaboration and coordination will occur in
the implementation of the proposed activities, involving cooperation among
youth-serving organizations, schools, health and social service providers,
employers, law enforcement professionals, local government, and residents of
target areas, including young people. Applications shall be geographically
based in particular neighborhood or sections of municipalities or particular
segments of rural areas, and applications shall demonstrate how programs will
serve substantial proportions of children and youth resident in the target
area with activities designed to have substantial impact on their lives.

  (c) PRIORITY.-In making such grants, the Council shall give preference to
coalitions consisting of a broad spectrum of community-based and social
service organizations that have a coordinated team approach to reducing gang
membership and the effects of substance abuse, and providing alternatives to
at-risk youth.

  (d) FEDERAL SHARE.-

  (1) IN GENERAL.-The Federal share of a grant made under this part may not
exceed 75 percent of the total costs of the projects described in the
applications submitted under subsection (b) for the fiscal year for which the
projects receive assistance under this title.

  (2) WAIVER.-The Council may waive the 25 percent matching requirement
under paragraph (1) upon making a determination that a waiver is equitable in
view of the financial circumstances affecting the ability of the applicant to
meet that requirement.

  (3) NON-FEDERAL SHARE.-The non-Federal share of such costs may be in cash
or in kind, fairly evaluated, including plant, equipment, and services.

  (4) NONSUPPLANTING REQUIREMENT.-Funds made available under this title to a
governmental entity shall not be used to supplant State or local funds, or in
the case of Indian tribal governments, funds supplied by the Bureau of Indian
Affairs, but shall be used to increase the amount of funds that would, in the
absence of Federal funds received under this title, be made available from
State or local sources, or in the case of Indian tribal governments, from
funds supplied by the Bureau of Indian Affairs.

  (5) EVALUATION.-The Council shall conduct a thorough evaluation of the
programs assisted under this title.
  SEC. 30103. DEFINITION.

  In this subtitle, "Indian tribe" means a tribe, band, pueblo, nation, or
other organized group or community of Indians, including an Alaska Native
village (as defined in or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for
the special programs and services provided by the United States to Indians
because of their status as Indians.
  SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this subtitle-

  (1) $1,500,000 for fiscal year 1995;

  (2) $14,700,000 for fiscal year 1996;

  (3) $18,000,000 for fiscal year 1997;

  (4) $18,000,000 for fiscal year 1998;

  (5) $18,900,000 for fiscal year 1999; and

  (6) $18,900,000 for fiscal year 2000.
                                                                   [pH8785]


            Subtitle B-Local Crime Prevention Block Grant Program

  SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.

  (a) PAYMENT AND USE.-

  (1) PAYMENT.-The Attorney General, shall pay to each unit of general local
government which qualifies for a payment under this subtitle an amount equal
to the sum of any amounts allocated to the government under this subtitle for
each payment period. The Attorney General shall pay such amount from amounts
appropriated under section 30202.

  (2) USE.-Amounts paid to a unit of general local government under this
section shall be used by that unit for carrying out one or more of the
following purposes:

  (A) Education, training, research, prevention, diversion, treatment, and
rehabilitation programs to prevent juvenile violence, juvenile gangs, and the
use and sale of illegal drugs by juveniles.

  (B) Programs to prevent crimes against the elderly based on the concepts
of the Triad model.

  (C) Programs that prevent young children from becoming gang involved,
including the award of grants or contracts to community-based service
providers that have a proven track record of providing services to children
ages 5 to 18.

  (D) Saturation jobs programs, offered either separately or in conjunction
with the services provided for under the Youth Fair Chance Program, that
provide employment opportunities leading to permanent unsubsidized employment
for disadvantaged young adults 16 through 25 years of age.

  (E) Midnight sports league programs that shall require each player in the
league to attend employment counseling, job training, and other educational
classes provided under the program, which shall be held in conjunction with
league sports games at or near the site of the games.

  (F) Supervised sports and recreation programs, including Olympic Youth
Development Centers established in cooperation with the United States Olympic
Committee, that are offered-

(i) after school and on weekends and holidays, during the school year; and

(ii) as daily (or weeklong) full-day programs (to the extent available
resources permit) or as part-day programs, during the summer months.

  (G) Prevention and enforcement programs to reduce-

(i) the formation or continuation of juvenile gangs; and

(ii) the use and sale of illegal drugs by juveniles.

  (H) Youth anticrime councils to give intermediate and secondary school
students a structured forum through which to work with community
organizations, law enforcement officials, government and media
representatives, and school administrators and faculty to address issues
regarding youth and violence.

  (I) Award of grants or contracts to the Boys and Girls Clubs of America, a
national nonprofit youth organization, to establish Boys and Girls Clubs in
public housing.

  (J) Supervised visitation centers for children who have been removed from
their parents and placed outside the home as a result of abuse or neglect or
other risk of harm to them and for children whose parents are separated or
divorced and the children are at risk because-

(i) there is documented sexual, physical, or emotional abuse as determined
by a court of competent jurisdiction;

(ii) there is suspected or elevated risk of sexual, physical, or emotional
abuse, or there have been threats of parental abduction of the child;

(iii) due to domestic violence, there is an ongoing risk of harm to a parent
or child;

(iv) a parent is impaired because of substance abuse or mental illness;

(v) there are allegations that a child is at risk for any of the reasons
stated in clauses (i), (ii), (iii), and (iv), pending an investigation of the
allegations; or

(vi) other circumstances, as determined by a court of competent
jurisdiction, point to the existence of such a risk.

  (K) Family Outreach Teams which provide a youth worker, a parent worker,
and a school-parent organizer to provide training in outreach, mentoring,
community organizing and peer counseling and mentoring to locally recruited
volunteers in a particular area.

  (L) To establish corridors of safety for senior citizens by increasing the
numbers, presence, and watchfulness of law enforcement officers, community
groups, and business owners and employees.

  (M) Teams or units involving both specially trained law enforcement
professionals and child or family services professionals that on a 24-hour
basis respond to or deal with violent incidents in which a child is involved
as a perpetrator, witness, or victim.

  (N) Dwelling units to law enforcement officers without charge or at a
substantially reduced rent for the purpose of providing greater security for
residents of high crime areas.

  (b) TIMING OF PAYMENTS.-The Attorney General shall pay each amount
allocated under this subtitle to a unit of general local government for a
payment period by the later of 90 days after the date the amount is available
or the first day of the payment period if the unit of general local
government has provided the Attorney General with the assurances required by
section 30203(d).

  (c) ADJUSTMENTS.-

  (1) IN GENERAL.-Subject to paragraph (2), the Attorney General shall
adjust a payment under this subtitle to a unit of general local government to
the extent that a prior payment to the government was more or less than the
amount required to be paid.

  (2) CONSIDERATIONS.-The Attorney General may increase or decrease under
this subsection a payment to a unit of general local government only if the
Attorney General determines the need for the increase or decrease, or the
unit requests the increase or decrease, within one year after the end of the
payment period for which the payment was made.

  (d) RESERVATION FOR ADJUSTMENTS.-The Attorney General may reserve a
percentage of not more than 2 percent of the amount under this section for a
payment period for all units of general local government in a State if the
Attorney General considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local government in the
State.

  (e) REPAYMENT OF UNEXPENDED AMOUNTS.-

  (1) REPAYMENT REQUIRED.-A unit of general local government shall repay to
the Attorney General, by not later than 15 months after receipt from the
Attorney General, any amount that is-

  (A) paid to the unit from amounts appropriated under the authority of this
section; and

  (B) not expended by the unit within one year after receipt from the
Attorney General.

  (2) PENALTY FOR FAILURE TO REPAY.-If the amount required to be repaid is
not repaid, the Attorney General shall reduce payments in future payment
periods accordingly.

  (3) DEPOSIT OF AMOUNTS REPAID.-Amounts received by the Attorney General as
repayments under this subsection shall be deposited in a designated fund for
future payments to units of general local government.

  (f) NONSUPPLANTING REQUIREMENT.-Funds made available under this subtitle
to units of local government shall not be used to supplant State or local
funds, but will be used to increase the amount of funds that would, in the
absence of funds under this subtitle, be made available from State or local
sources.
  SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.

  (a) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this subtitle-

  (1) $75,940,000 for fiscal year 1996;

  (2) $75,940,000 for fiscal year 1997;

  (3) $75,940,000 for fiscal year 1998;

  (4) $75,940,000 for fiscal year 1999; and

  (5) $73,240,000 for fiscal year 2000.

  Such sums are to remain available until expended.

  (b) ADMINISTRATIVE COSTS.-Up to 2.5 percent of the amount authorized to be
appropriated under subsection (b) is authorized to be appropriated for the
period fiscal year 1995 through fiscal year 2000 to be available for
administrative costs by the Attorney General in furtherance of the purposes
of the program. Such sums are to remain available until expended.
  SEC. 30203. QUALIFICATION FOR PAYMENT.

  (a) IN GENERAL.-The Attorney General shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Attorney General of the units' proposed use
of assistance under this subtitle.

  (b) GENERAL REQUIREMENTS FOR QUALIFICATION.-A unit of general local
government qualifies for a payment under this subtitle for a payment period
only after establishing to the satisfaction of the Attorney General that-

  (1) the government will establish a trust fund in which the government
will deposit all payments received under this subtitle;

  (2) the government will use amounts in the trust fund (including interest)
during a reasonable period;

  (3) the government will expend the payments so received, in accordance
with the laws and procedures that are applicable to the expenditure of
revenues of the government;

  (4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust fund,
individuals in the occupation any part of whose pay is paid out of the trust
fund will receive pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations by the
government;

  (5) the government will use accounting, audit, and fiscal procedures that
conform to guidelines which shall be prescribed by the Attorney General after
consultation with the Comptroller General of the United States. As
applicable, amounts received under this subtitle shall be audited in
compliance with the Single Audit Act of 1984;

  (6) after reasonable notice to the government, the government will make
available to the Attorney General and the Comptroller General of the United
States, with the right to inspect, records the Attorney General reasonably
requires to review compliance with this subtitle or the Comptroller General
of the United States reasonably requires to review compliance and operations;


  (7) the government will make reports the Attorney General reasonably
requires, in addition to the annual reports required under this subtitle; and

  (8) the government will spend the funds only for the purposes set forth in
section 30201(a)(2).

  (c) REVIEW BY GOVERNORS.-A unit of general local government shall give the
chief executive officer of the State in which the government is located an
opportunity for review and comment before establishing compliance with
subsection (d).

  (d) SANCTIONS FOR NONCOMPLIANCE.-

  (1) IN GENERAL.-If the Attorney General decides that a unit of general
local government has not complied substantially with subsection (b) or
regulations prescribed under subsection (b), the Attorney General shall
notify the government. The notice shall state that if the government does not
take corrective action by the 60th day after the date the government receives
the notice, the Attorney General will withhold additional payments to the
government for the current payment period and later payment periods until the
Attorney General is satisfied that the government-

  (A) has taken the appropriate corrective action; and

  (B) will comply with subsection (b) and regulations prescribed under
subsection (b).

  (2) NOTICE.-Before giving notice under paragraph (1), the Attorney General
shall give the chief executive officer of the unit of general local
government reasonable notice and an opportunity for comment.

  (3) PAYMENT CONDITIONS.-The Attorney General may make a payment to a unit
of general local government notified under paragraph (1) only if the Attorney
General is satisfied that the government-

  (A) has taken the appropriate corrective action; and

  (B) will comply with subsection (b) and regulations prescribed under
subsection (b).
                                                                   [pH8786]

  SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.

  (a) STATE DISTRIBUTION.-For each payment period, the Attorney General
shall allocate out of the amount appropriated for the period under the
authority of section 30202-

  (1) 0.25 percent to each State; and

  (2) Of the total amount of funds remaining after allocation under
paragraph (1), an amount that is equal to-

  the ratio that the number of part 1 violent crimes reported by such State
to the Federal Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of Investigation
for 1993

  (b) LOCAL DISTRIBUTION.-(1) The Attorney General shall allocate among the
units of general local government in a State the amount allocated to the
State under paragraphs (1) and (2) of subsection (a).

  (2) The Attorney General shall allocate to each unit of general local
government an amount which bears the ratio that the number of part 1 violent
crimes reported by such unit to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all units in the
State in which the unit is located to the Federal Bureau of Investigation for
1993 multiplied by the ratio of the population living in all units in the
State in which the unit is located that reported part 1 violent crimes to the
Federal Bureau of Investigation for 1993 bears to the population of the
State; or if such data are not available for a unit, the ratio that the
population of such unit bears to the population of all units in the State in
which the unit is located for which data are not available multiplied by the
ratio of the population living in units in the State in which the unit is
located for which data are not available bears to the population of the
State.

  (3) If under paragraph (2) a unit is allotted less than $5,000 for the
payment period, the amount allotted shall be transferred to the Governor of
the State who shall equitably distribute the allocation to all such units or
consortia thereof.

  (4) If there is in a State a unit of general local government that has
been incorporated since the date of the collection of the data used by the
Attorney General in making allocations pursuant to this section, the Attorney
General shall allocate to this newly incorporated local government, out of
the amount allocated to the State under this section, an amount bearing the
same ratio to the amount allocated to the State as the population of the
newly incorporated local government bears to the population of the State. If
there is in the State a unit of general local government that has been
annexed since the date of the collection of the data used by the Attorney
General in making allocations pursuant to this section, the Attorney General
shall pay the amount that would have been allocated to this local government
to the unit of general local government that annexed it.

  (c) UNAVAILABILITY OF INFORMATION.-For purposes of this section, if data
regarding part 1 violent crimes in any State for 1993 is unavailable or
substantially inaccurate, the Attorney General shall utilize the best
available comparable data regarding the number of violent crimes for 1993 for
such State for the purposes of allocation of any funds under this subtitle.
  SEC. 30205. UTILIZATION OF PRIVATE SECTOR.

  Funds or a portion of funds allocated under this subtitle may be utilized
to contract with private, nonprofit entities or community-based organizations
to carry out the uses specified under section 30201(a)(2).
  SEC. 30206. PUBLIC PARTICIPATION.

  A unit of general local government expending payments under this subtitle
shall hold at least one public hearing on the proposed use of the payment in
relation to its entire budget. At the hearing, persons shall be given an
opportunity to provide written and oral views to the governmental authority
responsible for enacting the budget and to ask questions about the entire
budget and the relation of the payment to the entire budget. The government
shall hold the hearing at a time and a place that allows and encourages
public attendance and participation.
  SEC. 30207. ADMINISTRATIVE PROVISIONS.

  The administrative provisions of part H of the Omnibus Crime Control and
Safe Streets Act of 1968, shall apply to the Attorney General for purposes of
carrying out this subtitle.
  SEC. 30208. DEFINITIONS.

  For purposes of this subtitle:

  (1) The term "unit of general local government" means-

  (A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as determined
by the Secretary of Commerce for general statistical purposes; and

  (B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers.

  (2) The term "payment period" means each 1-year period beginning on
October 1 of the years 1995 through 2000.

  (3) The term "State" means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands, except that American Samoa,
Guam, and the Northern Mariana Islands shall be considered as one State and
that, for purposes of 30204(a), 33 per centum of the amounts allocated shall
be allocated to American Samoa, 50 per centum to Guam, and 17 per centum to
the Northern Mariana Islands.

  (4) The term "children" means persons who are not younger than 5 and not
older than 18 years old.

  (5) The term "part 1 violent crimes" means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as reported to
the Federal Bureau of Investigation for purposes of the Uniform Crime
Reports.

                  Subtitle C-Model Intensive Grant Programs

  SEC. 30301. GRANT AUTHORIZATION.

  (a) ESTABLISHMENT.-

  (1) IN GENERAL.-The Attorney General may award grants to not more than 15
chronic high intensive crime areas to develop comprehensive model crime
prevention programs that-

  (A) involve and utilize a broad spectrum of community resources, including
nonprofit community organizations, law enforcement organizations, and
appropriate State and Federal agencies, including the State educational
agencies;

  (B) attempt to relieve conditions that encourage crime; and

  (C) provide meaningful and lasting alternatives to involvement in crime.

  (2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.-The Attorney
General may consult with the Ounce of Prevention Council in awarding grants
under paragraph (1).

  (b) PRIORITY.-In awarding grants under subsection (a), the Attorney
General shall give priority to proposals that-

  (1) are innovative in approach to the prevention of crime in a specific
area;

  (2) vary in approach to ensure that comparisons of different models may be
made; and

  (3) coordinate crime prevention programs funded under this program with
other existing Federal programs to address the overall needs of communities
that benefit from grants received under this title.
  SEC. 30302. USES OF FUNDS.

  (a) IN GENERAL.-Funds awarded under this subtitle may be used only for
purposes described in an approved application. The intent of grants under
this subtitle is to fund intensively comprehensive crime prevention programs
in chronic high intensive crime areas.

  (b) GUIDELINES.-The Attorney General shall issue and publish in the
Federal Register guidelines that describe suggested purposes for which funds
under approved programs may be used.

  (c) EQUITABLE DISTRIBUTION OF FUNDS.-In disbursing funds under this
subtitle, the Attorney General shall ensure the distribution of awards
equitably on a geographic basis, including urban and rural areas of varying
population and geographic size.
  SEC. 30303. PROGRAM REQUIREMENTS.

  (a) DESCRIPTION.-An applicant shall include a description of the
distinctive factors that contribute to chronic violent crime within the area
proposed to be served by the grant. Such factors may include lack of
alternative activities and programs for youth, deterioration or lack of
public facilities, inadequate public services such as public transportation,
street lighting, community-based substance abuse treatment facilities, or
employment services offices, and inadequate police or public safety services,
equipment, or facilities.

  (b) COMPREHENSIVE PLAN.-An applicant shall include a comprehensive,
community-based plan to attack intensively the principal factors identified
in subsection (a). Such plans shall describe the specific purposes for which
funds are proposed to be used and how each purpose will address specific
factors. The plan also shall specify how local nonprofit organizations,
government agencies, private businesses, citizens groups, volunteer
organizations, and interested citizens will cooperate in carrying out the
purposes of the grant.

  (c) EVALUATION.-An applicant shall include an evaluation plan by which the
success of the plan will be measured, including the articulation of specific,
objective indicia of performance, how the indicia will be evaluated, and a
projected timetable for carrying out the evaluation.
  SEC. 30304. APPLICATIONS.

  To request a grant under this subtitle the chief local elected official of
an area shall-

  (1) prepare and submit to the Attorney General an application in such
form, at such time, and in accordance with such procedures, as the Attorney
General shall establish; and

  (2) provide an assurance that funds received under this subtitle shall be
used to supplement, not supplant, non-Federal funds that would otherwise be
available for programs funded under this subtitle.
  SEC. 30305. REPORTS.

  Not later than December 31, 1998, the Attorney General shall prepare and
submit to the Committees on the Judiciary of the House and Senate an
evaluation of the model programs developed under this subtitle and make
recommendations regarding the implementation of a national crime prevention
program.
  SEC. 30306. DEFINITIONS.

  In this subtitle-

  "chief local elected official" means an official designated under
regulations issued by the Attorney General. The criteria used by the Attorney
General in promulgating such regulations shall ensure administrative
efficiency and accountability in the expenditure of funds and execution of
funded projects under this subtitle.

  "chronic high intensity crime area" means an area meeting criteria adopted
by the Attorney General by regulation that, at a minimum, define areas with-

  (A) consistently high rates of violent crime as reported in the Federal
Bureau of Investigation's "Uniform Crime Reports", and

  (B) chronically high rates of poverty as determined by the Bureau of the
Census.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
                                                                   [pH8787]

  SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this subtitle-

  (1) $100,000,000 for fiscal year 1996;

  (2) $125,100,000 for fiscal year 1997;

  (3) $125,100,000 for fiscal year 1998;

  (4) $125,100,000 for fiscal year 1999; and

  (5) $150,200,000 for fiscal year 2000.

            Subtitle D-Family and Community Endeavor Schools Grant
                                   Program

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

  (a) SHORT TITLE.-This section may be cited as the "Community Schools Youth
Services and Supervision Grant Program Act of 1994".

  (b) DEFINITIONS.-In this section-

  "child" means a person who is not younger than 5 and not older than 18
years old.

  "community-based organization" means a private, locally initiated,
community-based organization that-

  (A) is a nonprofit organization, as defined in section 103(23) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(23));
and

  (B) is operated by a consortium of service providers, consisting of
representatives of 5 or more of the following categories of persons:

(i) Residents of the community.

(ii) Business and civic leaders actively involved in providing employment
and business development opportunities in the community.

(iii) Educators.

(iv) Religious organizations (which shall not provide any sectarian
instruction or sectarian worship in connection with an activity funded under
this title).

(v) Law enforcement agencies.

(vi) Public housing agencies.

(vii) Other public agencies.

(viii) Other interested parties.

  "eligible community" means an area identified pursuant to subsection (e).

  "Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.

  "poverty line" means the income official poverty line (as defined by the
Office of Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.

  "public school" means a public elementary school, as defined in section
1201(i) of the Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a public
secondary school, as defined in section 1201(d) of that Act.

  "Secretary" means the Secretary of Health and Human Services, in
consultation and coordination with the Attorney General.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.

  (c) PROGRAM AUTHORITY.-

  (1) IN GENERAL.-

  (A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY.-For any fiscal year in
which the sums appropriated to carry out this section equal or
exceed $20,000,000, from the sums appropriated to carry out this subsection,
the Secretary shall allocate, for grants under subparagraph (B) to
community-based organizations in each State, an amount bearing the same ratio
to such sums as the number of children in the State who are from families
with incomes below the poverty line bears to the number of children in all
States who are from families with incomes below the poverty line. In view of
the extraordinary need for assistance in Indian country, an appropriate
amount of funds available under this subtitle shall be made available for
such grants in Indian country.

  (B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM ALLOCATIONS.-For such a
fiscal year, the Secretary may award grants from the appropriate State or
Indian country allocation determined under subparagraph (A) on a competitive
basis to eligible community-based organizations to pay for the Federal share
of assisting eligible communities to develop and carry out programs in
accordance with this section.

  (C) REALLOCATION.-If, at the end of such a fiscal year, the Secretary
determines that funds allocated for community-based organizations in a State
or Indian country under subparagraph (B) remain unobligated, the Secretary
may use such funds to award grants to eligible community-based organizations
in another State or Indian country to pay for such Federal share. In awarding
such grants, the Secretary shall consider the need to maintain geographic
diversity among the recipients of such grants. Amounts made available through
such grants shall remain available until expended.

  (2) OTHER FISCAL YEARS.-For any fiscal year in which the sums appropriated
to carry out this section are less than $20,000,000, the Secretary may award
grants on a competitive basis to eligible community-based organizations to
pay for the Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section.

  (3) ADMINISTRATIVE COSTS.-The Secretary may use not more than 3 percent of
the funds appropriated to carry out this section in any fiscal year for
administrative costs.

  (d) PROGRAM REQUIREMENTS.-

  (1) LOCATION.-A community-based organization that receives a grant under
this section to assist in carrying out such a program shall ensure that the
program is carried out-

  (A) when appropriate, in the facilities of a public school during
nonschool hours; or

  (B) in another appropriate local facility in a State or Indian country,
such as a college or university, a local or State park or recreation center,
church, or military base, that is-

(i) in a location that is easily accessible to children in the community;
and

(ii) in compliance with all applicable local ordinances.

  (2) USE OF FUNDS.-Such community-based organization-

  (A) shall use funds made available through the grant to provide, to
children in the eligible community, services and activities that-

(i) shall include supervised sports programs, and extracurricular and
academic programs, that are offered-

(I) after school and on weekends and holidays, during the school year; and

(II) as daily full-day programs (to the extent available resources permit)
or as part-day programs, during the summer months;

  (B) in providing such extracurricular and academic programs, shall provide
programs such as curriculum-based supervised educational, work force
preparation, entrepreneurship, cultural, health programs, social activities,
arts and crafts programs, dance programs, tutorial and mentoring programs,
and other related activities;

  (C) may use-

(i) such funds for minor renovation of facilities that are in existence
prior to the operation of the program and that are necessary for the
operation of the program for which the organization receives the grant,
purchase of sporting and recreational equipment and supplies, reasonable
costs for the transportation of participants in the program, hiring of staff,
provision of meals for such participants, provision of health services
consisting of an initial basic physical examination, provision of first aid
and nutrition guidance, family counselling, parental training, and substance
abuse treatment where appropriate; and

(ii) not more than 5 percent of such funds to pay for the administrative
costs of the program; and

  (D) may not use such funds to provide sectarian worship or sectarian
instruction.

  (e) ELIGIBLE COMMUNITY IDENTIFICATION.-

  (1) IDENTIFICATION.-To be eligible to receive a grant under this section,
a community-based organization shall identify an eligible community to be
assisted under this section.

  (2) CRITERIA.-Such eligible community shall be an area that meets such
criteria with respect to significant poverty and significant juvenile
delinquency, and such additional criteria, as the Secretary may by regulation
require.

  (f) APPLICATIONS.-

  (1) APPLICATION REQUIRED.-To be eligible to receive a grant under this
section, a community-based organization shall submit an application to the
Secretary at such time, in such manner, and accompanied by such information,
as the Secretary may reasonably require, and obtain approval of such
application.

  (2) CONTENTS OF APPLICATION.-Each application submitted pursuant to
paragraph (1) shall-

  (A) describe the activities and services to be provided through the
program for which the grant is sought;

  (B) contain an assurance that the community-based organization will spend
grant funds received under this section in a manner that the community-based
organization determines will best accomplish the objectives of this section;

  (C) contain a comprehensive plan for the program that is designed to
achieve identifiable goals for children in the eligible community;

  (D) set forth measurable goals and outcomes for the program that-

(i) will-

(I) where appropriate, make a public school the focal point of the eligible
community; or

(II) make a local facility described in subsection (d)(1)(B) such a focal
point; and

(ii) may include reducing the percentage of children in the eligible
community that enter the juvenile justice system, increasing the graduation
rates, school attendance, and academic success of children in the eligible
community, and improving the skills of program participants;

  (E) provide evidence of support for accomplishing such goals and outcomes
from-

(i) community leaders;

(ii) businesses;

(iii) local educational agencies;

(iv) local officials;

(v) State officials;

(vi) Indian tribal government officials; and

(vii) other organizations that the community-based organization determines
to be appropriate;

  (F) contain an assurance that the community-based organization will use
grant funds received under this section to provide children in the eligible
community with activities and services that shall include supervised sports
programs, and extracurricular and academic programs, in accordance with
subparagraphs (A) and (B) of subsection (d)(2);

  (G) contain a list of the activities and services that will be offered
through the program for which the grant is sought and sponsored by private
nonprofit organizations, individuals, and groups serving the eligible
community, including-

(i) extracurricular and academic programs, such as programs described in
subsection (d)(2)(B); and

(ii) activities that address specific needs in the community;

  (H) demonstrate the manner in which the community-based organization will
make use of the resources, expertise, and commitment of private entities in
carrying out the program for which the grant is sought;

  (I) include an estimate of the number of children in the eligible
community expected to be served pursuant to the program;

  (J) include a description of charitable private resources, and all other
resources, that will be made available to achieve the goals of the program;

  (K) contain an assurance that the community-based organization will use
competitive procedures when purchasing, contracting, or otherwise providing
for goods, activities, or services to carry out programs under this section;

  (L) contain an assurance that the program will maintain a
staff-to-participant ratio (including volunteers) that is appropriate to the
activity or services provided by the program;

  (M) contain an assurance that the program will maintain an average
attendance rate of not less than 75 percent of the participants enrolled in
the program, or will enroll additional participants in the program;

  (N) contain an assurance that the community-based organization will comply
with any evaluation under subsection (m), any research effort authorized
under Federal law, and any investigation by the Secretary;

  (O) contain an assurance that the community-based organization shall
prepare and submit to the Secretary an annual report regarding any program
conducted under this section;

  (P) contain an assurance that the program for which the grant is sought
will, to the maximum extent possible, incorporate services that are provided
solely through non-Federal private or nonprofit sources; and

  (Q) contain an assurance that the community-based organization will
maintain separate accounting records for the program.

  (3) PRIORITY.-In awarding grants to carry out programs under this section,
the Secretary shall give priority to community-based organizations who submit
applications that demonstrate the greatest effort in generating local support
for the programs.

  (g) ELIGIBILITY OF PARTICIPANTS.-

  (1) IN GENERAL.-To the extent possible, each child who resides in an
eligible community shall be eligible to participate in a program carried out
in such community that receives assistance under this section.

  (2) ELIGIBILITY.-To be eligible to participate in a program that receives
assistance under this section, a child shall provide the express written
approval of a parent or guardian, and shall submit an official application
and agree to the terms and conditions of participation in the program.

  (3) NONDISCRIMINATION.-In selecting children to participate in a program
that receives assistance under this section, a community-based organization
shall not discriminate on the basis of race, color, religion, sex, national
origin, or disability.

  (h) PEER REVIEW PANEL.-

  (1) ESTABLISHMENT.-The Secretary may establish a peer review panel that
shall be comprised of individuals with demonstrated experience in designing
and implementing community-based programs.

  (2) COMPOSITION.-A peer review panel shall include at least 1
representative from each of the following:

  (A) A community-based organization.

  (B) A local government.

  (C) A school district.

  (D) The private sector.

  (E) A charitable organization.

  (F) A representative of the United States Olympic Committee, at the option
of the Secretary.

  (3) FUNCTIONS.-A peer review panel shall conduct the initial review of all
grant applications received by the Secretary under subsection (f), make
recommendations to the Secretary regarding-

  (A) grant funding under this section; and

  (B) a design for the evaluation of programs assisted under this section.

  (i) INVESTIGATIONS AND INSPECTIONS.-The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance with
the provisions of this section.

  (j) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.-

  (1) PAYMENTS.-The Secretary shall, subject to the availability of
appropriations, pay to each community-based organization having an
application approved under subsection (f) the Federal share of the costs of
developing and carrying out programs described in subsection (c).

  (2) FEDERAL SHARE.-The Federal share of such costs shall be no more than-

  (A) 75 percent for each of fiscal years 1995 and 1996;

  (B) 70 percent for fiscal year 1997; and

  (C) 60 percent for fiscal year 1998 and thereafter.

  (3) NON-FEDERAL SHARE.-

  (A) IN GENERAL.-The non-Federal share of such costs may be in cash or in
kind, fairly evaluated, including plant, equipment, and services (including
the services described in subsection (f)(2)(P)), and funds appropriated by
the Congress for the activity of any agency of an Indian tribal government or
the Bureau of Indian Affairs on any Indian lands may be used to provide the
non-Federal share of the costs of programs or projects funded under this
subtitle.

  (B) SPECIAL RULE.-At least 15 percent of the non-Federal share of such
costs shall be provided from private or nonprofit sources.

  (k) EVALUATION.-The Secretary shall conduct a thorough evaluation of the
programs assisted under this section, which shall include an assessment of-

  (1) the number of children participating in each program assisted under
this section;

  (2) the academic achievement of such children;

  (3) school attendance and graduation rates of such children; and

  (4) the number of such children being processed by the juvenile justice
system.
                                                                   [pH8788]

  SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.

  (a) SHORT TITLE.-This section may be cited as the "Family and Community
Endeavor Schools Act".

  (b) PURPOSE.-It is the purpose of this section to improve the overall
development of at-risk children who reside in eligible communities as defined
in subsection (l)(3).

  (c) PROGRAM AUTHORITY.-The Secretary may award grants on a competitive
basis to eligible local entities to pay for the Federal share of assisting
eligible communities to develop and carry out programs in accordance with
this section. No local entity shall receive a grant of less than $250,000 in
a fiscal year. Amounts made available through such grants shall remain
available until expended.

  (d) PROGRAM REQUIREMENTS.-

  (1) IMPROVEMENT PROGRAMS.-A local entity that receives funds under this
section shall develop or expand programs that are designed to improve
academic and social development by instituting a collaborative structure that
trains and coordinates the efforts of teachers, administrators, social
workers, guidance counselors, parents, and school volunteers to provide
concurrent social services for at-risk students at selected public schools in
eligible communities.

  (2) OPTIONAL ACTIVITIES.-A local entity that receives funds under this
section may develop a variety of programs to serve the comprehensive needs of
students, including-

  (A) homework assistance and after-school programs, including educational,
social, and athletic activities;

  (B) nutrition services;

  (C) mentoring programs;

  (D) family counseling; and

  (E) parental training programs.

  (e) ELIGIBLE COMMUNITY IDENTIFICATION.-The Secretary through regulation
shall define the criteria necessary to qualify as an eligible community as
defined in subsection (l)(3).

  (f) GRANT ELIGIBILITY.-To be eligible to receive a grant under this
section, a local entity shall-

  (1) identify an eligible community to be assisted;

  (2) develop a community planning process that includes-

  (A) parents and family members;

  (B) local school officials;

  (C) teachers employed at schools within the eligible community;

  (D) public housing resident organization members, where applicable; and

  (E) public and private nonprofit organizations that provide education,
child protective services, or other human services to low-income, at-risk
children and their families; and

  (3) develop a concentrated strategy for implementation of the community
planning process developed under paragraph (2) that targets clusters of
at-risk children in the eligible community.

  (g) APPLICATIONS.-

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

  (2) CONTENTS OF APPLICATION.-Each application submitted under
paragraph (1) shall-

  (A) contain a comprehensive plan for the program that is designed to
improve the academic and social development of at-risk children in schools in
the eligible community;

  (B) provide evidence of support for accomplishing the objectives of such
plan from-

(i) community leaders;

(ii) a school district;

(iii) local officials; and

(iv) other organizations that the local entity determines to be appropriate;

  (C) provide an assurance that the local entity will use grant funds
received under this subsection to implement the program requirements listed
in subsection (d);

  (D) include an estimate of the number of children in the eligible
community expected to be served under the program;

  (E) provide an assurance that the local entity will comply with any
evaluation requested under subsection (k), any research effort authorized
under Federal law, and any investigation by the Secretary;

  (F) provide an assurance that the local entity shall prepare and submit to
the Secretary an annual report regarding any program conducted under this
section;

  (G) provide an assurance that funds made available under this section
shall be used to supplement, not supplant, other Federal funds that would
otherwise be available for activities funded under this section; and

  (H) provide an assurance that the local entity will maintain separate
accounting records for the program.

  (3) PRIORITY.-In awarding grants to carry out programs under this section,
the Secretary shall give priority to local entities which submit applications
that demonstrate the greatest effort in generating local support for the
programs.

  (h) PEER REVIEW PANEL.-

  (1) ESTABLISHMENT.-The Secretary shall establish a peer review panel not
to exceed 8 members that shall be comprised of individuals with demonstrated
experience in designing and implementing programs to improve the academic and
social development of at-risk children.

  (2) FUNCTIONS.-Such panel shall make recommendations to the Secretary
regarding-

  (A) an illustrative model that effectively achieves the program
requirements indicated in subsection (d) and a process whereby local entities
can request such model; and

  (B) a design for the evaluation of programs assisted under this section.

  (i) INVESTIGATIONS AND INSPECTIONS.-The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance with
the provisions of this section.

  (j) FEDERAL SHARE.-

  (1) PAYMENTS.-The Secretary shall, subject to the availability of
appropriations, pay to each local entity having an application approved under
subsection (g) the Federal share of the costs of developing and carrying out
programs referred to in subsection (d).

  (2) FEDERAL SHARE.-The Federal share of such costs shall be 70 percent.

  (3) NON-FEDERAL SHARE.-

  (A) IN GENERAL.-The non-Federal share of such costs may be in cash or in
kind, fairly evaluated, including personnel, plant, equipment, and services.

  (B) SPECIAL RULE.-Not less than 15 percent of the non-Federal share of
such costs shall be provided from private or nonprofit sources.

  (k) EVALUATION.-The Secretary shall require a thorough evaluation of the
programs assisted under this section, which shall include an assessment of
the academic and social achievement of children assisted with funds provided
under this section.

  (l) DEFINITIONS.-For purposes of this section-

  (1) the term "Secretary" means to the Secretary of the Department of
Education;

  (2) the term "local entity" means-

  (A) a local educational agency, or

  (B) a community-based organization as defined in section 1471(3) of the
Elementary and Secondary Education Act of 1965;

  (3) the term "eligible community" means an area which meets criteria with
respect to significant poverty and significant violent crime, and such
additional criteria, as the Secretary may by regulation require; and

  (4) the term "public school" means an elementary school (as defined in
section 1471(8) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(8))) and a secondary school (as defined in section 1471(21) of
that Act).
                                                                   [pH8789]

  SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.

  (a) IN GENERAL.-There are authorized to be appropriated to carry out this
subtitle-

  (1) $37,000,000 for fiscal year 1995;

  (2) $103,500,000 for fiscal year 1996;

  (3) $121,500,000 for fiscal year 1997;

  (4) $153,000,000 for fiscal year 1998;

  (5) $193,500,000 for fiscal year 1999; and

  (6) $201,500,000 for fiscal year 2000.

  (b) PROGRAMS.-Of the amounts appropriated under subsection (a) for any
fiscal year-

  (1) 70 percent shall be made available to carry out section 30401; and

  (2) 30 percent shall be made available to carry out section 30402.

            Subtitle G-Assistance for Delinquent and At-Risk Youth

  SEC. 30701. GRANT AUTHORITY.

  (a) GRANTS.-

  (1) IN GENERAL.-In order to prevent the commission of crimes or delinquent
acts by juveniles, the Attorney General may make grants to public or private
nonprofit organizations to support the development and operation of projects
to provide residential services to youth, aged 11 to 19, who-

  (A) have dropped out of school;

  (B) have come into contact with the juvenile justice system; or

  (C) are at risk of dropping out of school or coming into contact with the
juvenile justice system.

  (2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.-The Attorney
General may consult with the Ounce of Prevention Council in making grants
under paragraph (1).

  (3) SERVICES.-Such services shall include activities designed to-

  (A) increase the self-esteem of such youth;

  (B) assist such youth in making healthy and responsible choices;

  (C) improve the academic performance of such youth pursuant to a plan
jointly developed by the applicant and the school which each such youth
attends or should attend; and

  (D) provide such youth with vocational and life skills.

  (b) APPLICATIONS.-

  (1) IN GENERAL.-A public agency or private nonprofit organization which
desires a grant under this section shall submit an application at such time
and in such manner as the Attorney General may prescribe.

  (2) CONTENTS.-An application under paragraph (1) shall include-

  (A) a description of the program developed by the applicant, including the
activities to be offered;

  (B) a detailed discussion of how such program will prevent youth from
committing crimes or delinquent acts;

  (C) evidence that such program-

(i) will be carried out in facilities which meet applicable State and local
laws with regard to safety;

(ii) will include academic instruction, approved by the State, Indian tribal
government, or local educational agency, which meets or exceeds State, Indian
tribal government, and local standards and curricular requirements; and

(iii) will include instructors and other personnel who possess such
qualifications as may be required by applicable State or local laws; and

  (D) specific, measurable outcomes for youth served by the program.

  (c) CONSIDERATION OF APPLICATIONS.-Not later than 60 days following the
submission of applications, the Attorney General shall-

  (1) approve each application and disburse the funding for each such
application; or

  (2) disapprove the application and inform the applicant of such
disapproval and the reasons therefor.

  (d) REPORTS.-A grantee under this section shall annually submit a report
to the Attorney General that describes the activities and accomplishments of
such program, including the degree to which the specific youth outcomes are
met.

  (e) DEFINITIONS.-In this subtitle-

  "Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including Alaska Native village (as defined in
or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
  SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for grants under section 30701-

  (1) $5,400,000 for fiscal year 1996;

  (2) $6,300,000 for fiscal year 1997;

  (3) $7,200,000 for fiscal year 1998;

  (4) $8,100,000 for fiscal year 1999; and

  (5) $9,000,000 for fiscal year 2000.

                        Subtitle H-Police Recruitment

  SEC. 30801. GRANT AUTHORITY.

  (a) GRANTS.-

  (1) IN GENERAL.-The Attorney General may make grants to qualified
community organizations to assist in meeting the costs of qualified programs
which are designed to recruit and retain applicants to police departments.

  (2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.-The Attorney
General may consult with the Ounce of Prevention Council in making grants
under paragraph (1).

  (b) QUALIFIED COMMUNITY ORGANIZATIONS.-An organization is a qualified
community organization which is eligible to receive a grant under
subsection (a) if the organization-

  (1) is a nonprofit organization; and

  (2) has training and experience in-

  (A) working with a police department and with teachers, counselors, and
similar personnel,

  (B) providing services to the community in which the organization is
located,

  (C) developing and managing services and techniques to recruit individuals
to become members of a police department and to assist such individuals in
meeting the membership requirements of police departments,

  (D) developing and managing services and techniques to assist in the
retention of applicants to police departments, and

  (E) developing other programs that contribute to the community.

  (c) QUALIFIED PROGRAMS.-A program is a qualified program for which a grant
may be made under subsection (a) if the program is designed to recruit and
train individuals from underrepresented neighborhoods and localities and if-

  (1) the overall design of the program is to recruit and retain applicants
to a police department;

  (2) the program provides recruiting services which include tutorial
programs to enable individuals to meet police force academic requirements and
to pass entrance examinations;

  (3) the program provides counseling to applicants to police departments
who may encounter problems throughout the application process; and

  (4) the program provides retention services to assist in retaining
individuals to stay in the application process of a police department.

  (d) APPLICATIONS.-To qualify for a grant under subsection (a), a qualified
organization shall submit an application to the Attorney General in such form
as the Attorney General may prescribe. Such application shall-

  (1) include documentation from the applicant showing-

  (A) the need for the grant;

  (B) the intended use of grant funds;

  (C) expected results from the use of grant funds; and

  (D) demographic characteristics of the population to be served, including
age, disability, race, ethnicity, and languages used; and

  (2) contain assurances satisfactory to the Attorney General that the
program for which a grant is made will meet the applicable requirements of
the program guidelines prescribed by the Attorney General under
subsection (i).

  (e) ACTION BY THE ATTORNEY GENERAL.-Not later than 60 days after the date
that an application for a grant under subsection (a) is received, the
Attorney General shall consult with the police department which will be
involved with the applicant and shall-

  (1) approve the application and disburse the grant funds applied for; or

  (2) disapprove the application and inform the applicant that the
application is not approved and provide the applicant with the reasons for
the disapproval.

  (f) GRANT DISBURSEMENT.-The Attorney General shall disburse funds under a
grant under subsection (a) in accordance with regulations of the Attorney
General which shall ensure-

  (1) priority is given to applications for areas and organizations with the
greatest showing of need;

  (2) that grant funds are equitably distributed on a geographic basis; and

  (3) the needs of underserved populations are recognized and addressed.

  (g) GRANT PERIOD.-A grant under subsection (a) shall be made for a period
not longer than 3 years.

  (h) GRANTEE REPORTING.-(1) For each year of a grant period for a grant
under subsection (a), the recipient of the grant shall file a performance
report with the Attorney General explaining the activities carried out with
the funds received and assessing the effectiveness of such activities in
meeting the purpose of the recipient's qualified program.

  (2) If there was more than one recipient of a grant, each recipient shall
file such report.

  (3) The Attorney General shall suspend the funding of a grant, pending
compliance, if the recipient of the grant does not file the report required
by this subsection or uses the grant for a purpose not authorized by this
section.

  (i) GUIDELINES.-The Attorney General shall, by regulation, prescribe
guidelines on content and results for programs receiving a grant under
subsection (a). Such guidelines shall be designed to establish programs which
will be effective in training individuals to enter instructional programs for
police departments and shall include requirements for-

  (1) individuals providing recruiting services;

  (2) individuals providing tutorials and other academic assistance
programs;

  (3) individuals providing retention services; and

  (4) the content and duration of recruitment, retention, and counseling
programs and the means and devices used to publicize such programs.
                                                                   [pH8790]

  SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for grants under section 30801-

  (1) $2,000,000 for fiscal year 1996;

  (2) $4,000,000 for fiscal year 1997;

  (3) $5,000,000 for fiscal year 1998;

  (4) $6,000,000 for fiscal year 1999; and

  (5) $7,000,000 for fiscal year 2000.

                       Subtitle J-Local Partnership Act

  SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.

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

                         "CHAPTER 67-FEDERAL PAYMENTS




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

  "6701. Payments to local governments

  "(a) PAYMENT AND USE.-

  "(1) PAYMENT.-The Secretary shall pay to each unit of general local
government which qualifies for a payment under this chapter an amount equal
to the sum of any amounts allocated to the government under this chapter for
each payment period. The Secretary shall pay such amount out of the Local
Government Fiscal Assistance Fund under section 6702.

  "(2) USE.-Amounts paid to a unit of general local government under this
section shall be used by that unit for carrying out one or more programs of
the unit related to-

  "(A) education to prevent crime;

  "(B) substance abuse treatment to prevent crime; or

  "(C) job programs to prevent crime.

  "(3) COORDINATION.-Programs funded under this title shall be coordinated
with other existing Federal programs to meet the overall needs of communities
that benefit from funds received under this section.

  "(b) TIMING OF PAYMENTS.-The Secretary shall pay each amount allocated
under this chapter to a unit of general local government for a payment period
by the later of 90 days after the date the amount is available or the first
day of the payment period provided that the unit of general local government
has provided the Secretary with the assurances required by section 6703(d).

  "(c) ADJUSTMENTS.-

  "(1) IN GENERAL.-Subject to paragraph (2), the Secretary shall adjust a
payment under this chapter to a unit of general local government to the
extent that a prior payment to the government was more or less than the
amount required to be paid.

  "(2) CONSIDERATIONS.-The Secretary may increase or decrease under this
subsection a payment to a unit of local government only if the Secretary
determines the need for the increase or decrease, or the unit requests the
increase or decrease, within one year after the end of the payment period for
which the payment was made.

  "(d) RESERVATION FOR ADJUSTMENTS.-The Secretary may reserve a percentage
of not more than 2 percent of the amount under this section for a payment
period for all units of general local government in a State if the Secretary
considers the reserve is necessary to ensure the availability of sufficient
amounts to pay adjustments after the final allocation of amounts among the
units of general local government in the State.

  "(e) REPAYMENT OF UNEXPENDED AMOUNTS.-

  "(1) REPAYMENT REQUIRED.-A unit of general local government shall repay to
the Secretary, by not later than 15 months after receipt from the Secretary,
any amount that is-

  "(A) paid to the unit from amounts appropriated under the authority of
this section; and

  "(B) not expended by the unit within one year after receipt from the
Secretary.

  "(2) PENALTY FOR FAILURE TO REPAY.-If the amount required to be repaid is
not repaid, the Secretary shall reduce payments in future payment periods
accordingly.

  "(3) DEPOSIT OF AMOUNTS REPAID.-Amounts received by the Secretary as
repayments under this subsection shall be deposited in the Local Government
Fiscal Assistance Fund for future payments to units of general local
government.

  "(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES.-

  "(1) GENERAL RULE.-Of amounts paid to a unit of general local government
under this chapter for a payment period, not less than 10 percent of the
total combined amounts obligated by the unit for contracts and subcontracts
shall be expended with-

  "(A) small business concerns controlled by socially and economically
disadvantaged individuals and women; and

  "(B) historically Black colleges and universities and colleges and
universities having a student body in which more than 20 percent of the
students are Hispanic Americans or Native Americans.

  "(2) EXCEPTION.-Paragraph (1) shall not apply to amounts paid to a unit of
general local government to the extent the unit determines that the paragraph
does not apply through a process that provides for public participation.

  "(3) DEFINITIONS.-For purposes of this subsection-

  "(A) the term `small business concern' has the meaning such term has under
section 3 of the Small Business Act; and

  "(B) the term `socially and economically disadvantaged individuals' has
the meaning such term has under section 8(d) of the Small Business Act and
relevant subcontracting regulations promulgated pursuant to that section.

  "(g) NONSUPPLANTING REQUIREMENT.-

  "(1) IN GENERAL.-Funds made available under this chapter to units of local
government shall not be used to supplant State or local funds, but will be
used to increase the amount of funds that would, in the absence of funds
under this chapter, be made available from State or local sources.

  "(2) BASE LEVEL AMOUNT.-The total level of funding available to a unit of
local government for accounts serving eligible purposes under this chapter in
the fiscal year immediately preceding receipt of a grant under this chapter
shall be designated the `base level account' for the fiscal year in which
grant is received. Grants under this chapter in a given fiscal year shall be
reduced on a dollar for dollar basis to the extent that a unit of local
government reduces its base level account in that fiscal year.
  "6702. Local Government Fiscal Assistance Fund

  "(a) ADMINISTRATION OF FUND.-The Department of the Treasury has a Local
Government Fiscal Assistance Fund, which consists of amounts appropriated to
the Fund.

  "(b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to the Fund-

  "(1) $270,000,000 for fiscal year 1996;

  "(2) $283,500,000 for fiscal year 1997;

  "(3) $355,500,000 for fiscal year 1998;

  "(4) $355,500,000 for fiscal year 1999; and

  "(5) $355,500,000 for fiscal year 2000.

  Such sums are to remain available until expended.

  "(c) ADMINISTRATIVE COSTS.-Up to 2.5 percent of the amount authorized to
be appropriated under subsection (b) is authorized to be appropriated for the
period fiscal year 1995 through fiscal year 2000 to be available for
administrative costs by the Secretary in furtherance of the purposes of the
program. Such sums are to remain available until expended.
  "6703. Qualification for payment

  "(a) IN GENERAL.-The Secretary shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Secretary of the units' proposed use of
assistance under this chapter. Subject to subsection (c), the assistance
provided shall be used, in amounts determined by the unit, for activities
under, or for activities that are substantially similar to an activity under,
1 or more of the following programs and the notice shall identify 1 or more
of the following programs for each such use:

  "(1) The Drug Abuse Resistance Education Program under section 5122 of the
Elementary and Secondary Education Act of 1965.

  "(2) The National Youth Sports Program under section 682 of the Community
Services Block Grant Act (Public Law 97-35) as amended by section 205, Public
Law 103-252.

  "(3) The Gang Resistance Education and Training Program under the Act
entitled `An Act making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30, 1991,
and for other purposes', approved November 5, 1990 (Public Law 101-509).

  "(4) Programs under title II or IV of the Job Training Partnership Act (29
U.S.C. 1601 et seq.).

  "(5) Programs under subtitle C of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.) as amended.

  "(6) Programs under the School to Work Opportunities Act (Public Law
103-239).

  "(7) Substance Abuse Treatment and Prevention programs authorized under
title V or XIX of the Public Health Services Act (43 U.S.C. 201 et seq.).

  "(8) Programs under the Head Start Act (42 U.S.C. 9831 et seq.).

  "(9) Programs under part A or B of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965.

  "(10) The TRIO programs under part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.).

  "(11) Programs under the National Literacy Act of 1991.

  "(12) Programs under the Carl Perkins Vocational Educational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).

  "(13) The demonstration partnership programs including the community
initiative targeted to minority youth under section 203 of the Human Services
Reauthorization of 1994 (Public Law 103-232).

  "(14) The runaway and homeless youth program and the transitional living
program for homeless youth under title III of the Juvenile Justice and
Delinquency Prevention Act (Public Law 102-586).

  "(15) The family support program under subtitle F of title VII of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 1148 et seq.).

  "(16) After-school activities for school aged children under the Child
Care and Development Block Grant Act (42 U.S.C. 9858 et seq.).

  "(17) The community-based family resource programs under section 401 of
the Human Services Reauthorization Act of 1994 (Public Law 103-232).

  "(18) The family violence programs under the Child Abuse Prevention and
Treatment Act Amendments of 1984.

  "(19) Job training programs administered by the Department of Agriculture,
the Department of Defense, or the Department of Housing and Urban
Development.

  "(b) NOTICE TO AGENCY.-Upon receipt of notice under subsection (a) from an
eligible unit of general local government, the Secretary shall notify the
head of the appropriate Federal agency for each program listed in
subsection (a) that is identified in the notice as a program under which an
activity will be conducted with assistance under this chapter. The
notification shall state that the unit has elected to use some or all of its
assistance under this chapter for activities under that program. The head of
a Federal agency that receives such a notification shall ensure that such use
is in compliance with the laws and regulations applicable to that program,
except that any requirement to provide matching funds shall not apply to that
use.

  "(c) ALTERNATIVE USES OF FUNDS.-

  "(1) ALTERNATIVE USES AUTHORIZED.-In lieu of, or in addition to, use for
an activity described in subsection (a) and notice for that use under
subsection (a), an eligible unit of general local government may use
assistance under this chapter, and shall provide notice of that use to the
Secretary under subsection (a), for any other activity that is consistent
with 1 or more of the purposes described in section 6701(a)(2).

  "(2) NOTICE DEEMED TO DESCRIBE CONSISTENT USE.-Notice by a unit of general
local government that it intends to use assistance under this chapter for an
activity other than an activity described in subsection (a) is deemed to
describe an activity that is consistent with 1 or more of the purposes
described in section 6701(a)(2) unless the Secretary provides to the unit,
within 30 days after receipt of that notice of intent from the unit, written
notice (including an explanation) that the use is not consistent with those
purposes.

  "(d) GENERAL REQUIREMENTS FOR QUALIFICATION.-A unit of general local
government qualifies for a payment under this chapter for a payment period
only after establishing to the satisfaction of the Secretary that-

  "(1) the government will establish a trust fund in which the government
will deposit all payments received under this chapter;

  "(2) the government will use amounts in the trust fund (including
interest) during a reasonable period;

  "(3) the government will expend the payments so received, in accordance
with the laws and procedures that are applicable to the expenditure of
revenues of the government;

  "(4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust fund,
individuals in the occupation any part of whose pay is paid out of the trust
fund will receive pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations by the
government;

  "(5) All laborers and mechanics employed by contractors or subcontractors
in the performance of any contract and subcontract for the repair,
renovation, alteration, or construction, including painting and decorating,
of any building or work that is financed in whole or in part by a grant under
this title, shall be paid wages not less than those determined by the
Secretary of Labor in accordance with the Act of March 3, 1931 (commonly
known as the Davis-Bacon Act); as amended (40 U.S.C. 276a-276a-5). The
Secretary of Labor shall have the authority and functions set forth in
reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section
2 of the Act of June 1, 1934 (commonly known as the Copeland Anti-Kickback
Act) as amended (40 U.S.C. 276c, 48 Stat. 948).

  "(5) the government will use accounting, audit, and fiscal procedures that
conform to guidelines which shall be prescribed by the Secretary after
consultation with the Comptroller General of the United States. As
applicable, amounts received under this chapter shall be audited in
compliance with the Single Audit Act of 1984;

  "(6) after reasonable notice to the government, the government will make
available to the Secretary and the Comptroller General of the United States,
with the right to inspect, records the Secretary reasonably requires to
review compliance with this chapter or the Comptroller General of the United
States reasonably requires to review compliance and operations under section
6718(b);

  "(7) the government will make reports the Secretary reasonably requires,
in addition to the annual reports required under section 6719(b); and

  "(8) the government will spend the funds only for the purposes set forth
in section 6701(a)(2).

  "(e) REVIEW BY GOVERNORS.-A unit of general local government shall give
the chief executive officer of the State in which the government is located
an opportunity for review and comment before establishing compliance with
subsection (d).

  "(f) SANCTIONS FOR NONCOMPLIANCE.-

  "(1) IN GENERAL.-If the Secretary decides that a unit of general local
government has not complied substantially with subsection (d) or regulations
prescribed under subsection (d), the Secretary shall notify the government.
The notice shall state that if the government does not take corrective action
by the 60th day after the date the government receives the notice, the
Secretary will withhold additional payments to the government for the current
payment period and later payment periods until the Secretary is satisfied
that the government-

  "(A) has taken the appropriate corrective action; and

  "(B) will comply with subsection (d) and regulations prescribed under
subsection (d).

  "(2) NOTICE.-Before giving notice under paragraph (1), the Secretary shall
give the chief executive officer of the unit of general local government
reasonable notice and an opportunity for comment.

  "(3) PAYMENT CONDITIONS.-The Secretary may make a payment to a unit of
general local government notified under paragraph (1) only if the Secretary
is satisfied that the government-

  "(A) has taken the appropriate corrective action; and

  "(B) will comply with subsection (d) and regulations prescribed under
subsection (d).
                                                                   [pH8791]

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

  "(a) FORMULA ALLOCATION BY STATE.-For each payment period, the Secretary
shall allocate to each State out of the amount appropriated for the period
under the authority of section 6702(b) (minus the amounts allocated to
territorial governments under subsection (e) for the payment period) an
amount bearing the same ratio to the amount appropriated (minus such amounts
allocated under subsection (e)) as the amount allocated to the State under
this section bears to the total amount allocated to all States under this
section. The Secretary shall-

  "(1) determine the amount allocated to the State under subsection (b)
or (c) of this section and allocate the larger amount to the State; and

  "(2) allocate the amount allocated to the State to units of general local
government in the State under sections 6705 and 6706.

  "(b) GENERAL FORMULA.-

  "(1) IN GENERAL.-For the payment period beginning October 1, 1994, the
amount allocated to a State under this subsection for a payment period is the
amount bearing the same ratio to $5,300,000,000 as-

  "(A) the population of the State, multiplied by the general tax effort
factor of the State (determined under paragraph (2)), multiplied by the
relative income factor of the State (determined under paragraph (3)),
multiplied by the relative rate of the labor force unemployed in the
State (determined under paragraph (4)); bears to

  "(B) the sum of the products determined under subparagraph (A) of this
paragraph for all States.

  "(2) GENERAL TAX EFFORT FACTOR.-The general tax effort factor of a State
for a payment period is-

  "(A) the net amount of State and local taxes of the State collected during
the year 1991 as reported by the Bureau of the Census in the publication
Government Finances 1990-1991; divided by

  "(B) the total income of individuals, as determined by the Secretary of
Commerce for national accounts purposes for 1992 as reported in the
publication Survey of Current Business (August 1993), attributed to the State
for the same year.

  "(3) RELATIVE INCOME FACTOR.-The relative income factor of a State is a
fraction in which-

  "(A) the numerator is the per capita income of the United States; and

  "(B) the denominator is the per capita income of the State.

  "(4) RELATIVE RATE OF LABOR FORCE.-The relative rate of the labor force
unemployed in a State is a fraction in which-

  "(A) the numerator is the percentage of the labor force of the State that
is unemployed in the calendar year preceding the payment period (as
determined by the Secretary of Labor for general statistical purposes); and

  "(B) the denominator is the percentage of the labor force of the United
States that is unemployed in the calendar year preceding the payment
period (as determined by the Secretary of Labor for general statistical
purposes).

  "(c) ALTERNATIVE FORMULA.-For the payment period beginning October 1,
1994, the amount allocated to a State under this subsection for a payment
period is the total amount the State would receive if-

  "(1) $1,166,666,667 were allocated among the States on the basis of
population by allocating to each State an amount bearing the same ratio to
the total amount to be allocated under this paragraph as the population of
the State bears to the population of all States;

  "(2) $1,166,666,667 were allocated among the States on the basis of
population inversely weighted for per capita income, by allocating to each
State an amount bearing the same ratio to the total amount to be allocated
under this paragraph as-

  "(A) the population of the State, multiplied by a fraction in which-

"(i) the numerator is the per capita income of all States; and

"(ii) the denominator is the per capita income of the State; bears to

  "(B) the sum of the products determined under subparagraph (A) for all
States;

  "(3) $600,000,000 were allocated among the States on the basis of income
tax collections by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as the income tax
amount of the State (determined under subsection (d)(1)) bears to the sum of
the income tax amounts of all States;

  "(4) $600,000,000 were allocated among the States on the basis of general
tax effort by allocating to each State an amount bearing the same ratio to
the total amount to be allocated under this paragraph as the general tax
effort amount of the State (determined under subsection (d)(2)) bears to the
sum of the general tax effort amounts of all States;

  "(5) $600,000,000 were allocated among the States on the basis of
unemployment by allocating to each State an amount bearing the same ratio to
the total amount to be allocated under this paragraph as-

  "(A) the labor force of the State, multiplied by a fraction in which-

"(i) the numerator is the percentage of the labor force of the State that is
unemployed in the calendar year preceding the payment period (as determined
by the Secretary of Labor for general statistical purposes); and

"(ii) the denominator is the percentage of the labor force of the United
States that is unemployed in the calendar year preceding the payment
period (as determined by the Secretary of Labor for general statistical
purposes)

  bears to

  "(B) the sum of the products determined under subparagraph (A) for all
States; and

  "(6) $1,166,666,667 were allocated among the States on the basis of
urbanized population by allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this paragraph as the
urbanized population of the State bears to the urbanized population of all
States. In this paragraph, the term `urbanized population' means the
population of an area consisting of a central city or cities of at least
50,000 inhabitants and the surrounding closely settled area for the city or
cities considered as an urbanized area as published by the Bureau of the
Census for 1990 in the publication General Population Characteristics for
Urbanized Areas.

  "(d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT.-

  "(1) INCOME TAX AMOUNT.-The income tax amount of a State for a payment
period is 15 percent of the net amount collected during the calendar year
ending before the beginning of the payment period from the tax imposed on the
income of individuals by the State and described as a State income tax under
section 164(a)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 164(a)(3)).
The income tax amount for a payment period shall be at least 1 percent but
not more than 6 percent of the United States Government individual income tax
liability attributed to the State for the taxable year ending during the last
calendar year ending before the beginning of the payment period. The
Secretary shall determine the Government income tax liability attributed to
the State by using the data published by the Secretary for 1991 in the
publication Statistics of Income Bulletin (Winter 1993-1994).

  "(2) GENERAL TAX EFFORT AMOUNT.-The general tax effort amount of a State
for a payment period is the amount determined by multiplying-

  "(A) the net amount of State and local taxes of the State collected during
the year 1991 as reported in the Bureau of Census in the publication
Government Finances 1990-1991; and

  "(B) the general tax effort factor of the State determined under
subsection (b)(2).

  "(e) ALLOCATION FOR PUERTO RICO, GUAM, AMERICAN SAMOA, AND THE VIRGIN
ISLANDS.-

  "(1) IN GENERAL.-(A) For each payment period for which funds are available
for allocation under this chapter, the Secretary shall allocate to each
territorial government an amount equal to the product of 1 percent of the
amount of funds available for allocation multiplied by the applicable
territorial percentage.

  "(B) For the purposes of this paragraph, the applicable territorial
percentage of a territory is equal to the quotient resulting from the
division of the territorial population of such territory by the sum of the
territorial population for all territories.

  "(2) PAYMENTS TO LOCAL GOVERNMENTS.-The governments of the territories
shall make payments to local governments within their jurisdiction from sums
received under this subsection as they consider appropriate.

  "(3) DEFINITIONS.-For purposes of this subsection-

  "(A) the term `territorial government' means the government of a
territory;

  "(B) the term `territory' means Puerto Rico, Guam, American Samoa, and the
Virgin Islands; and

  "(C) the term `territorial population' means the most recent population
for each territory as determined by the Bureau of Census.
                                                                   [pH8792]

  "6705. Local government allocations

  "(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES.-If there is in a State an
Indian tribe or Alaskan native village having a recognized governing body
carrying out substantial governmental duties and powers, the Secretary shall
allocate to the tribe or village, out of the amount allocated to the State
under section 6704, an amount bearing the same ratio to the amount allocated
to the State as the population of the tribe or village bears to the
population of the State. The Secretary shall allocate amounts under this
subsection to Indian tribes and Alaskan native villages in a State before
allocating amounts to units of general local government in the State under
subsection (c). For the payment period beginning October 1, 1994, the
Secretary shall use as the population of each Indian tribe or Alaskan native
village the population for 1991 as reported by the Bureau of Indian Affairs
in the publication Indian Service Population and Labor Force
Estimates (January 1991). In addition to uses authorized under section
6701(a)(2), amounts allocated under this subsection and paid to an Indian
tribe or Alaskan native village under this chapter may be used for renovating
or building prisons or other correctional facilities.

  "(b) NEWLY INCORPORATED LOCAL GOVERNMENTS AND ANNEXED GOVERNMENTS.-If
there is in a State a unit of general local government that has been
incorporated since the date of the collection of the data used by the
Secretary in making allocations pursuant to sections 6704 through 6706 and
6708, the Secretary shall allocate to this newly incorporated local
government, out of the amount allocated to the State under section 6704, an
amount bearing the same ratio to the amount allocated to the State as the
population of the newly incorporated local government bears to the population
of the State. If there is in the State a unit of general local government
that has been annexed since the date of the collection of the data used by
the Secretary in making allocations pursuant to sections 6704 through 6706
and 6708, the Secretary shall pay the amount that would have been allocated
to this local government to the unit of general local government that annexed
it.

  "(c) OTHER LOCAL GOVERNMENT ALLOCATIONS.-

  "(1) IN GENERAL.-The Secretary shall allocate among the units of general
local government in a State (other than units receiving allocations under
subsection (a)) the amount allocated to the State under section 6704 (as that
amount is reduced by allocations under subsection (a)). Of the amount to be
allocated, the Secretary shall allocate a portion equal to -1/2- of such
amount in accordance with section 6706(1), and shall allocate a portion equal
to -1/2- of such amount in accordance with section 6706(2). A unit of general
local government shall receive an amount equal to the sum of amounts
allocated to the unit from each portion.

  "(2) RATIO.-From each portion to be allocated to units of local government
in a State under paragraph (1), the Secretary shall allocate to a unit an
amount bearing the same ratio to the funds to be allocated as-

  "(A) the population of the unit, multiplied by the general tax effort
factor of the unit (determined under paragraph (3)), multiplied by the income
gap of the unit (determined under paragraph (4)), bears to

  "(B) the sum of the products determined under subparagraph (A) for all
units in the State for which the income gap for that portion under
paragraph (4) is greater than zero.

  "(3) GENERAL TAX EFFORT FACTOR.-(A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of general local
government for a payment period is-

  "(i) the adjusted taxes of the unit; divided by

  "(ii) the total income attributed to the unit.

  "(B) If the amount determined under subparagraphs (A) (i) and (ii) for a
unit of general local government is less than zero, the general tax effort
factor of the unit is deemed to be zero.

  "(C)(i) Except as otherwise provided in this subparagraph, for the payment
period beginning October 1, 1994, the adjusted taxes of a unit of general
local government are the taxes imposed by the unit for public
purposes (except employee and employer assessments and contributions to
finance retirement and social insurance systems and other special assessments
for capital outlay), as determined by the Bureau of the Census for the 1987
Census of Governments and adjusted as follows:

  "(I) Adjusted taxes equals total taxes times a fraction in which the
numerator is the sum of unrestricted revenues and revenues dedicated for
spending on education minus total education spending and the denominator is
total unrestricted revenues.

  "(II) Total taxes is the sum of property tax; general sales tax; alcoholic
beverage tax; amusement tax; insurance premium tax; motor fuels tax;
parimutuels tax; public utilities tax; tobacco tax; other selective sales
tax; alcoholic beverage licenses, amusement licenses; corporation licenses,
hunting and fishing licenses; motor vehicle licenses; motor vehicle operator
licenses; public utility licenses; occupation and business licenses, not
elsewhere classified; other licenses, individual income tax; corporation net
income tax; death and gift tax; documentary and stock transfer tax; severance
tax; and taxes not elsewhere classified.

  "(III) Unrestricted revenues is the sum of total taxes and
intergovernmental revenue from Federal Government, general revenue sharing;
intergovernmental revenue from Federal Government, other general support;
intergovernmental revenue from Federal Government, other; intergovernmental
revenue from State government, other general support; intergovernmental
revenue from State government, other; intergovernmental revenue from local
governments, other general support; intergovernmental revenue from local
governments, other; miscellaneous general revenue, property sale-housing and
community development; miscellaneous general revenue, property sale-other
property; miscellaneous general revenue, interest earnings on investments;
miscellaneous general revenue, fines and forfeits; miscellaneous general
revenue, rents; miscellaneous general revenues, royalties; miscellaneous
general revenue, donations from private sources; miscellaneous general
revenue, net lottery revenue (after prizes and administrative expenses);
miscellaneous general revenue, other miscellaneous general revenue; and all
other general charges, not elsewhere classified.

  "(IV) Revenues dedicated for spending on education is the sum of
elementary and secondary education, school lunch; elementary and secondary
education, tuition; elementary and secondary education, other; higher
education, auxiliary enterprises; higher education, other; other education,
not elsewhere classified; intergovernmental revenue from Federal Government,
education; intergovernmental revenue from State government, education;
intergovernmental revenue from local governments, interschool system revenue;
intergovernmental revenue from local governments, education; interest
earnings, higher education; interest earnings, elementary and secondary
education; miscellaneous revenues, higher education; and miscellaneous
revenues, elementary and secondary education.

  "(V) Total education spending is the sum of elementary and secondary
education, current operations; elementary and secondary education,
construction; elementary and secondary education, other capital outlays;
elementary and secondary education, to State governments; elementary and
secondary education, to local governments, not elsewhere classified;
elementary and secondary education, to counties; elementary and secondary
education, to municipalities; elementary and secondary education, to
townships; elementary and secondary education, to school districts;
elementary and secondary education, to special districts; higher
education-auxiliary enterprises, current operations; higher
education-auxiliary enterprises, construction; higher education, auxiliary
enterprises, other capital outlays; other higher education, current
operations; other higher education, construction; other higher education,
other capital outlays; other higher education, to State government; other
higher education, to local governments, not elsewhere classified; other
higher education, to counties; other higher education, to municipalities;
other higher education, to townships; other higher education, to school
districts; other higher education, to special districts; education assistance
and subsidies; education, not elsewhere classified, current operations;
education, not elsewhere classified, construction education, not elsewhere
classified, other capital outlays; education, not elsewhere classified, to
State government; education, not elsewhere classified, to local governments,
not elsewhere classified; education, not elsewhere classified, to counties;
education, not elsewhere classified, to municipalities; education, not
elsewhere classified, to townships; education, not elsewhere classified, to
school districts; education, not elsewhere classified, to special districts;
and education, not elsewhere classified, to Federal Government.

  "(VI) If the amount of adjusted taxes is less than zero, the amount of
adjusted tax shall be deemed to be zero.

  "(VII) If the amount of adjusted taxes exceeds the amount of total taxes,
the amount of adjusted taxes is deemed to equal the amount of total taxes.

  "(ii) The Secretary shall, for purposes of clause (i), include that part
of sales taxes transferred to a unit of general local government that are
imposed by a county government in the geographic area of which is located the
unit of general local government as taxes imposed by the unit for public
purposes if-

  "(I) the county government transfers any part of the revenue from the
taxes to the unit of general local government without specifying the purpose
for which the unit of general local government may expend the revenue; and

  "(II) the chief executive officer of the State notifies the Secretary that
the taxes satisfy the requirements of this clause.

  "(iii) The adjusted taxes of a unit of general local government shall not
exceed the maximum allowable adjusted taxes for that unit.

  "(iv) The maximum allowable adjusted taxes for a unit of general local
government is the allowable adjusted taxes of the unit minus the excess
adjusted taxes of the unit.

  "(v) The allowable adjusted taxes of a unit of general government is the
greater of-

  "(I) the amount equal to 2.5, multiplied by the per capita adjusted taxes
of all units of general local government of the same type in the State,
multiplied by the population of the unit; or

  "(II) the amount equal to the population of the unit, multiplied by the
sum of the adjusted taxes of all units of municipal local government in the
State, divided by the sum of the populations of all the units of municipal
local government in the State.

  "(vi) The excess adjusted taxes of a unit of general local government is
the amount equal to-

  "(I) the adjusted taxes of the unit, minus

  "(II) 1.5 multiplied by the allowable adjusted taxes of the unit;

  except that if this amount is less than zero then the excess adjusted
taxes of the unit is deemed to be zero.

  "(vii) For purposes of this subparagraph-

  "(I) the term `per capita adjusted taxes of all units of general local
government of the same type' means the sum of the adjusted taxes of all units
of general local government of the same type divided by the sum of the
populations of all units of general local government of the same type; and

  "(II) the term `units of general local government of the same type' means
all townships if the unit of general local government is a township, all
municipalities if the unit of general local government is a municipality, all
counties if the unit of general local government is a county, or all unified
city/county governments if the unit of general local government is a unified
city/county government.

  "(4) INCOME GAP.-(A) Except as provided in subparagraph (B), the income
gap of a unit of general local government is-

  "(i) the number which applies under section 6706, multiplied by the per
capita income of the State in which the unit is located; minus

  "(ii) the per capita income of the geographic area of the unit.

  "(B) If the amount determined under subparagraph (A) for a unit of general
local government is less than zero, then the relative income factor of the
unit is deemed to be zero.

  "(d) SMALL GOVERNMENT ALLOCATIONS.-If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the Secretary
is inadequate, the Secretary may allocate to the unit, in lieu of any
allocation under subsection (b) for a payment period, an amount bearing the
same ratio to the total amount to be allocated under subsection (b) for the
period for all units of general local government in the State as the
population of the unit bears to the population of all units in the State.
                                                                   [pH8793]

  "6706. Income gap multiplier

  "For purposes of determining the income gap of a unit of general local
government under section 6705(b)(4)(A), the number which applies is-

  "(1) 1.6, with respect to -1/2- of any amount allocated under section 6704
to the State in which the unit is located; and

  "(2) 1.2, with respect to the remainder of such amount.
  "6707. State variation of local government allocations

  "(a) STATE FORMULA.-A State government may provide by law for the
allocation of amounts among units of general local government in the State on
the basis of population multiplied by the general tax effort factors or
income gaps of the units of general local government determined under
sections 6705 (a) and (b) or a combination of those factors. A State
government providing for a variation of an allocation formula provided under
sections 6705 (a) and (b) shall notify the Secretary of the variation by the
30th day before the beginning of the first payment period in which the
variation applies. A variation shall-

  "(1) provide for allocating the total amount allocated under sections
6705 (a) and (b); and

  "(2) apply uniformly in the State.

  "(b) CERTIFICATION.-A variation by a State government under this section
may apply only if the Secretary certifies that the variation complies with
this section. The Secretary may certify a variation only if the Secretary is
notified of the variation at least 30 days before the first payment period in
which the variation applies.
  "6708. Adjustments of local government allocations

  "(a) MAXIMUM AMOUNT.-The amount allocated to a unit of general local
government for a payment period may not exceed the adjusted taxes imposed by
the unit of general local government as determined under section 6705(b)(3).
Amounts in excess of adjusted taxes shall be paid to the Governor of the
State in which the unit of local government is located.

  "(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL GOVERNMENT.-If the
amount allocated to a unit of general local government (except an Indian
tribe or an Alaskan native village) for a payment period would be less
than $5,000 but for this subsection or is waived by the governing authority
of the unit of general local government, the Secretary shall pay the amount
to the Governor of the State in which the unit is located.

  "(c) USE OF PAYMENTS TO STATES.-The Governor of a State shall use all
amounts paid to the Governor under subsections (a) and (b) for programs
described in section 6701(a)(2) in areas of the State where are located the
units of general local government with respect to which amounts are paid
under subsection (b).

  "(d) DE MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN NATIVE VILLAGES.-

  "(1) AGGREGATION OF DE MINIMIS ALLOCATIONS.-If the amount allocated to an
Indian tribe or an Alaskan native village for a payment period would be less
than $5,000 but for this subsection or is waived by the chief elected
official of the tribe or village, the amount-

  "(A) shall not be paid to the tribe or village (except under
paragraph (2)); and

  "(B) shall be aggregated with other such amounts and available for use by
the Attorney General under paragraph (2).

  "(2) USE OF AGGREGATED AMOUNTS.-Amounts aggregated under paragraph (1) for
a payment period shall be available for use by the Attorney General to make
grants in the payment period on a competitive basis to Indian Tribes and
Alaskan native village for-

  "(A) programs described in section 6701(a)(2); or

  "(B) renovating or building prisons or other correctional facilities.
  "6709. Information used in allocation formulas

  "(a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTOBER 1, 1994.-For the
payment period beginning October 1, 1994, the Secretary, in making
allocations pursuant to sections 6704 through 6706 and 6708, shall use for
the population of the States the population for 1992 as reported by the
Bureau of the Census in the publication Current Population Reports, Series
P-25, No. 1045 (July 1992) and for the population of units of general local
government the Secretary shall use the population for 1990 as reported by the
Bureau of the Census in the publication Summary Social, Economic, and Housing
Characteristics.

  "(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER 30, 1995.-For any
payment period beginning after September 30, 1995, the Secretary, in making
allocations pursuant to sections 6704 through 6706 and 6708, shall use
information more recent than the information used for the payment period
beginning October 1, 1994, provided the Secretary notifies the Committee on
Government Operations of the House of Representatives at least 90 days prior
to the beginning of the payment period that the Secretary has determined that
the more recent information is more reliable than the information used for
the payment period beginning October 1, 1994.
                                                                   [pH8794]

  "6710. Public participation

  "(a) HEARINGS.-

  "(1) IN GENERAL.-A unit of general local government expending payments
under this chapter shall hold at least one public hearing on the proposed use
of the payment in relation to its entire budget. At the hearing, persons
shall be given an opportunity to provide written and oral views to the
governmental authority responsible for enacting the budget and to ask
questions about the entire budget and the relation of the payment to the
entire budget. The government shall hold the hearing at a time and a place
that allows and encourages public attendance and participation.

  "(2) SENIOR CITIZENS.-A unit of general local government holding a hearing
required under this subsection or by the budget process of the government
shall try to provide senior citizens and senior citizen organizations with an
opportunity to present views at the hearing before the government makes a
final decision on the use of the payment.

  "(b) DISCLOSURE OF INFORMATION.-

  "(1) IN GENERAL.-By the 10th day before a hearing required under
subsection (a)(1) is held, a unit of general local government shall-

  "(A) make available for inspection by the public at the principal office
of the government a statement of the proposed use of the payment and a
summary of the proposed budget of the government; and

  "(B) publish in at least one newspaper of general circulation the proposed
use of the payment with the summary of the proposed budget and a notice of
the time and place of the hearing.

  "(2) AVAILABILITY.-By the 30th day after adoption of the budget under
State or local law, the government shall-

  "(A) make available for inspection by the public at the principal office
of the government a summary of the adopted budget, including the proposed use
of the payment; and

  "(B) publish in at least one newspaper of general circulation a notice
that the information referred to in subparagraph (A) is available for
inspection.

  "(c) WAIVERS OF REQUIREMENTS.-A requirement-

  "(1) under subsection (a)(1) may be waived if the budget process required
under the applicable State or local law or charter provisions-

  "(A) ensures the opportunity for public attendance and participation
contemplated by subsection (a); and

  "(B) includes a hearing on the proposed use of a payment received under
this chapter in relation to the entire budget of the government; and

  "(2) under subsection (b)(1)(B) and paragraph (2)(B) may be waived if the
cost of publishing the information would be unreasonably burdensome in
relation to the amount allocated to the government from amounts available for
payment under this chapter, or if publication is otherwise impracticable.

  "(d) EXCEPTION TO 10-DAY LIMITATION.-If the Secretary is satisfied that a
unit of general local government will provide adequate notice of the proposed
use of a payment received under this chapter, the 10-day period under
subsection (b)(1) may be changed to the extent necessary to comply with
applicable State or local law.
  "6711. Prohibited discrimination

  "(a) GENERAL PROHIBITION.-No person in the United States shall be excluded
from participating in, be denied the benefits of, or be subject to
discrimination under, a program or activity of a unit of general local
government because of race, color, national origin, or sex if the government
receives a payment under this chapter.

  "(b) ADDITIONAL PROHIBITIONS.-The following prohibitions and exemptions
also apply to a program or activity of a unit of general local government if
the government receives a payment under this chapter:

  "(1) A prohibition against discrimination because of age under the Age
Discrimination Act of 1975.

  "(2) A prohibition against discrimination against an otherwise qualified
handicapped individual under section 504 of the Rehabilitation Act of 1973.

  "(3) A prohibition against discrimination because of religion, or an
exemption from that prohibition, under the Civil Rights Act of 1964 or title
VIII of the Act of April 11, 1968 (popularly known as the Civil Rights Act of
1968).

  "(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS.-Subsections (a) and (b)
do not apply if the government shows, by clear and convincing evidence, that
a payment received under this chapter is not used to pay for any part of the
program or activity with respect to which the allegation of discrimination is
made.

  "(d) INVESTIGATION AGREEMENTS.-The Secretary shall try to make agreements
with heads of agencies of the United States Government and State agencies to
investigate noncompliance with this section. An agreement shall-

  "(1) describe the cooperative efforts to be taken (including sharing civil
rights enforcement personnel and resources) to obtain compliance with this
section; and

  "(2) provide for notifying immediately the Secretary of actions brought by
the United States Government or State agencies against a unit of general
local government alleging a violation of a civil rights law or a regulation
prescribed under a civil rights law.
  "6712. Discrimination proceedings

  "(a) NOTICE OF NONCOMPLIANCE.-By the 10th day after the Secretary makes a
finding of discrimination or receives a holding of discrimination about a
unit of general local government, the Secretary shall submit a notice of
noncompliance to the government. The notice shall state the basis of the
finding or holding.

  "(b) INFORMAL PRESENTATION OF EVIDENCE.-A unit of general local government
may present evidence informally to the Secretary within 30 days after the
government receives a notice of noncompliance from the Secretary. Except as
provided in subsection (e), the government may present evidence on whether-

  "(1) a person in the United States has been excluded or denied benefits
of, or discriminated against under, the program or activity of the
government, in violation of section 6711(a);

  "(2) the program or activity of the government violated a prohibition
described in section 6711(b); and

  "(3) any part of that program or activity has been paid for with a payment
received under this chapter.

  "(c) TEMPORARY SUSPENSION OF PAYMENTS.-By the end of the 30-day period
under subsection (b), the Secretary shall decide whether the unit of general
local government has not complied with section 6711 (a) or (b), unless the
government has entered into a compliance agreement under section 6714. If the
Secretary decides that the government has not complied, the Secretary shall
notify the government of the decision and shall suspend payments to the
government under this chapter unless, within 10 days after the government
receives notice of the decision, the government-

  "(1) enters into a compliance agreement under section 6714; or

  "(2) requests a proceeding under subsection (d)(1).

  "(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.-

  "(1) PROCEEDING.-A proceeding requested under subsection (c)(2) shall
begin by the 30th day after the Secretary receives a request for the
proceeding. The proceeding shall be before an administrative law judge
appointed under section 3105 of title 5, United States Code. By the 30th day
after the beginning of the proceeding, the judge shall issue a preliminary
decision based on the record at the time on whether the unit of general local
government is likely to prevail in showing compliance with section 6711 (a)
or (b).

  "(2) DECISION.-If the administrative law judge decides at the end of a
proceeding under paragraph (1) that the unit of general local government has-

  "(A) not complied with section 6711 (a) or (b), the judge may order
payments to the government under this chapter terminated; or

  "(B) complied with section 6711 (a) or (b), a suspension under section
6713(a)(1)(A) shall be discontinued promptly.

  "(3) LIKELIHOOD OF PREVAILING.-An administrative law judge may not issue a
preliminary decision that the government is not likely to prevail if the
judge has issued a decision described in paragraph (2)(A).

  "(e) BASIS FOR REVIEW.-In a proceeding under subsections (b) through (d)
on a program or activity of a unit of general local government about which a
holding of discrimination has been made, the Secretary or administrative law
judge may consider only whether a payment under this chapter was used to pay
for any part of the program or activity. The holding of discrimination is
conclusive. If the holding is reversed by an appellate court, the Secretary
or judge shall end the proceeding.
  "6713. Suspension and termination of payments in discrimination
proceedings

  "(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS.-

  "(1) IN GENERAL.-The Secretary shall suspend payment under this chapter to
a unit of general local government-

  "(A) if an administrative law judge appointed under section 3105 of title
5, United States Code, issues a preliminary decision in a proceeding under
section 6712(d)(1) that the government is not likely to prevail in showing
compliance with section 6711 (a) and (b);

  "(B) if the administrative law judge decides at the end of the proceeding
that the government has not complied with section 6711 (a) or (b), unless the
government makes a compliance agreement under section 6714 by the 30th day
after the decision; or

  "(C) if required under section 6712(c).

  "(2) EFFECTIVENESS.-A suspension already ordered under paragraph (1)(A)
continues in effect if the administrative law judge makes a decision under
paragraph (1)(B).

  "(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.-If a holding of
discrimination is reversed by an appellate court, a suspension or termination
of payments in a proceeding based on the holding shall be discontinued.

  "(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE.-The Secretary may
resume payment to a unit of general local government of payments suspended by
the Secretary only-

  "(1) as of the time of, and under the conditions stated in-

  "(A) the approval by the Secretary of a compliance agreement under section
6714(a)(1); or

  "(B) a compliance agreement entered into by the Secretary under section
6714(a)(2);

  "(2) if the government complies completely with an order of a United
States court, a State court, or administrative law judge that covers all
matters raised in a notice of noncompliance submitted by the Secretary under
section 6712(a);

  "(3) if a United States court, a State court, or an administrative law
judge decides (including a judge in a proceeding under section 6712(d)(1)),
that the government has complied with sections 6711 (a) and (b); or

  "(4) if a suspension is discontinued under subsection (b).

  "(d) PAYMENT OF DAMAGES AS COMPLIANCE.-For purposes of subsection (c)(2),
compliance by a government may consist of the payment of restitution to a
person injured because the government did not comply with section 6711 (a)
or (b).

  "(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT.-The Secretary may
resume payment to a unit of general local government of payments terminated
under section 6712(d)(2)(A) only if the decision resulting in the termination
is reversed by an appellate court.
                                                                   [pH8795]

  "6714. Compliance agreements

  "(a) TYPES OF COMPLIANCE AGREEMENTS.-A compliance agreement is an
agreement-

  "(1) approved by the Secretary, between the governmental authority
responsible for prosecuting a claim or complaint that is the basis of a
holding of discrimination and the chief executive officer of the unit of
general local government that has not complied with section 6711 (a) or (b);
or

  "(2) between the Secretary and the chief executive officer.

  "(b) CONTENTS OF AGREEMENTS.-A compliance agreement-

  "(1) shall state the conditions the unit of general local government has
agreed to comply with that would satisfy the obligations of the government
under sections 6711 (a) and (b);

  "(2) shall cover each matter that has been found not to comply, or would
not comply, with section 6711 (a) or (b); and

  "(3) may be a series of agreements that dispose of those matters.

  "(c) AVAILABILITY OF AGREEMENTS TO PARTIES.-The Secretary shall submit a
copy of a compliance agreement to each person who filed a complaint referred
to in section 6716(b), or, if an agreement under subsection (a)(1), each
person who filed a complaint with a governmental authority, about a failure
to comply with section 6711 (a) or (b). The Secretary shall submit the copy
by the 15th day after an agreement is made. However, if the Secretary
approves an agreement under subsection (a)(1) after the agreement is made,
the Secretary may submit the copy by the 15th day after approval of the
agreement.
  "6715. Enforcement by the Attorney General of prohibitions on
discrimination

  "The Attorney General may bring a civil action in an appropriate district
court of the United States against a unit of general local government that
the Attorney General has reason to believe 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 pending the outcome of the action; and

  "(2) to enforce compliance with section 6711 (a) or (b), may allow a
prevailing party (except the United States Government) a reasonable
attorney's fee.

  "(d) INTERVENTION BY ATTORNEY GENERAL.-In an action under this section to
enforce compliance with section 6711 (a) or (b), the Attorney General may
intervene in the action if the Attorney General certifies that the action is
of general public importance. The United States Government is entitled to the
same relief as if the Government had brought the action and is liable for the
same fees and costs as a private person.
  "6717. Judicial review

  "(a) APPEALS IN FEDERAL COURT OF APPEALS.-A unit of general local
government which receives notice from the Secretary about withholding
payments under section 6703(f), suspending payments under section
6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply
for review of the action of the Secretary by filing a petition for review
with the court of appeals of the United States for the circuit in which the
government is located. The petition shall be filed by the 60th day after the
date the notice is received. The clerk of the court shall immediately send a
copy of the petition to the Secretary.

  "(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.-The Secretary shall
file with the court a record of the proceeding on which the Secretary based
the action. The court may consider only objections to the action of the
Secretary that were presented before the Secretary.

  "(c) COURT ACTION.-The court may affirm, change, or set aside any part of
the action of the Secretary. The findings of fact by the Secretary are
conclusive if supported by substantial evidence in the record. If a finding
is not supported by substantial evidence in the record, the court may remand
the case to the Secretary to take additional evidence. Upon such a remand,
the Secretary may make new or modified findings and shall certify additional
proceedings to the court.

  "(d) REVIEW ONLY BY SUPREME COURT.-A judgment of a court under this
section may be reviewed only by the Supreme Court under section 1254 of title
28, United States Code.
  "6718. Investigations and reviews

  "(a) INVESTIGATIONS BY SECRETARY.-

  "(1) IN GENERAL.-The Secretary shall within a reasonable time limit-

  "(A) carry out an investigation and make a finding after receiving a
complaint referred to in section 6716(b), a determination by a State or local
administrative agency, or other information about a possible violation of
this chapter;

  "(B) carry out audits and reviews (including investigations of
allegations) about possible violations of this chapter; and

  "(C) advise a complainant of the status of an audit, investigation, or
review of an allegation by the complainant of a violation of section 6711 (a)
or (b) or other provision of this chapter.

  "(2) TIME LIMIT.-The maximum time limit under paragraph (1)(A) is 120
days.

  "(b) REVIEWS BY COMPTROLLER GENERAL.-The Comptroller General of the United
States shall carry out reviews of the activities of the Secretary, State
governments, and units of general local government necessary for the Congress
to evaluate compliance and operations under this chapter. These reviews shall
include a comparison of the waste and inefficiency of local governments using
funds under this chapter compared to waste and inefficiency with other
comparable Federal programs.
  "6719. Reports

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

  "(1) the status and operation of the Local Government Fiscal Assistance
Fund during the prior fiscal year; and

  "(2) the administration of this chapter, including a complete and detailed
analysis of-

  "(A) actions taken to comply with sections 6711 through 6715, including a
description of the kind and extent of noncompliance and the status of pending
complaints;

  "(B) the extent to which units of general local government receiving
payments under this chapter have complied with the requirements of this
chapter;

  "(C) the way in which payments under this chapter have been distributed in
the jurisdictions receiving payments; and

  "(D) significant problems in carrying out this chapter and recommendations
for legislation to remedy the problems.

  "(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO SECRETARY.-

  "(1) IN GENERAL.-At the end of each fiscal year, each unit of general
local government which received a payment under this chapter for the fiscal
year shall submit a report to the Secretary. The report shall be submitted in
the form and at a time prescribed by the Secretary and shall be available to
the public for inspection. The report shall state-

  "(A) the amounts and purposes for which the payment has been appropriated,
expended, or obligated in the fiscal year;

  "(B) the relationship of the payment to the relevant functional items in
the budget of the government; and

  "(C) the differences between the actual and proposed use of the payment.

  "(2) AVAILABILITY OF REPORT.-The Secretary shall provide a copy of a
report submitted under paragraph (1) by a unit of general local government to
the chief executive officer of the State in which the government is located.
The Secretary shall provide the report in the manner and form prescribed by
the Secretary.
  "6720. Definitions, application, and administration

  "(a) DEFINITIONS.-In this chapter-

  "(1) `unit of general local government' means-

  "(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as determined
by the Secretary of Commerce for general statistical purposes; and

  "(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers;

  "(2) `payment period' means each 1-year period beginning on October 1 of
the years 1994 through 2000;

  "(3) `State and local taxes' means taxes imposed by a State government or
unit of general local government or other political subdivision of a State
government for public purposes (except employee and employer assessments and
contributions to finance retirement and social insurance systems and other
special assessments for capital outlay) as determined by the Secretary of
Commerce for general statistical purposes;

  "(4) `State' means any of the several States and the District of Columbia;

  "(5) `income' means the total money income received from all sources as
determined by the Secretary of Commerce for general statistical purposes,
which for units of general local government is reported by the Bureau of the
Census for 1990 in the publication Summary Social, Economic, and Housing
Characteristics;

  "(6) `per capita income' means-

  "(A) in the case of the United States, the income of the United States
divided by the population of the United States;

  "(B) in the case of a State, the income of that State, divided by the
population of that State; and

  "(C) in the case of a unit of general local government, the income of that
unit of general local government divided by the population of the unit of
general local government;

  "(7) `finding of discrimination' means a decision by the Secretary about a
complaint described in section 6716(b), a decision by a State or local
administrative agency, or other information (under regulations prescribed by
the Secretary) that it is more likely than not that a unit of general local
government has not complied with section 6711 (a) or (b);

  "(8) `holding of discrimination' means a holding by a United States court,
a State court, or an administrative law judge appointed under section 3105 of
title 5, United States Code, that a unit of general local government
expending amounts received under this chapter has-

  "(A) excluded a person in the United States from participating in, denied
the person the benefits of, or subjected the person to discrimination under,
a program or activity because of race, color, national origin, or sex; or

  "(B) violated a prohibition against discrimination described in section
6711(b); and

  "(9) `Secretary' means the Secretary of Housing and Urban Development.

  "(b) DELEGATION OF ADMINISTRATION.-The Secretary may enter into agreements
with other executive branch departments and agencies to delegate to that
department or agency all or part of the Secretary's responsibility for
administering this chapter.

  "(c) TREATMENT OF SUBSUMED AREAS.-If the entire geographic area of a unit
of general local government is located in a larger entity, the unit of
general local government is deemed to be located in the larger entity. If
only part of the geographic area of a unit is located in a larger entity,
each part is deemed to be located in the larger entity and to be a separate
unit of general local government in determining allocations under this
chapter. Except as provided in regulations prescribed by the Secretary, the
Secretary shall make all data computations based on the ratio of the
estimated population of the part to the population of the entire unit of
general local government.

  "(d) BOUNDARY AND OTHER CHANGES.-If a boundary line change, a State
statutory or constitutional change, annexation, a governmental
reorganization, or other circumstance results in the application of sections
6704 through 6708 in a way that does not carry out the purposes of sections
6701 through 6708, the Secretary shall apply sections 6701 through 6708 under
regulations of the Secretary in a way that is consistent with those
purposes.".

  (b) ISSUANCE OF REGULATIONS.-Within 90 days of the date of enactment of
this Act the Secretary shall issue regulations, which may be interim
regulations, to implement subsection (a), modifying the regulations for
carrying into effect the Revenue Sharing Act that were in effect as of July
1, 1987, and that were published in 31 C.F.R. part 51. The Secretary need not
hold a public hearing before issuing these regulations.

  (c) DEFICIT NEUTRALITY.-Any appropriation to carry out the amendment made
by this subtitle to title 31, United States Code, for fiscal year 1995 or
1996 shall be offset by cuts elsewhere in appropriations for that fiscal
year.
                                                                   [pH8796]

  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 1-COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

  SEC.31111.PURPOSE.

  It is the purpose of this chapter to increase private investment in
distressed local communities and to build and expand the capacity of local
institutions to better serve the economic needs of local residents through
the provision of financial and technical assistance to community development
corporations.
  SEC.31112.PROVISION OF ASSISTANCE.

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

  (b) REVOLVING LOAN FUNDS.-

  (1) COMPETITIVE ASSESSMENT OF APPLICATIONS.-In providing assistance under
subsection (a), the Secretary shall establish and implement a competitive
process for the solicitation and consideration of applications from eligible
entities for lines of credit for the capitalization of revolving funds.

  (2) ELIGIBLE ENTITIES.-To be eligible to receive a line of credit under
this chapter an applicant shall-

  (A) be a community development corporation;

  (B) prepare and submit an application to the Secretary that shall include
a strategic investment plan that identifies and describes the economic
characteristics of the target area to be served, the types of business to be
assisted and the impact of such assistance on low-income, underemployed, and
unemployed individuals in the target area;

  (C) demonstrate previous experience in the development of low-income
housing or community or business development projects in a low-income
community and provide a record of achievement with respect to such projects;
and

  (D) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit or letters of
commitment) in an amount that is at least equal to the amount requested in
the application submitted under subparagraph (B).

  (3) EXCEPTION.-Notwithstanding the provisions of paragraph (2)(D), the
Secretary may reduce local contributions to not less than 25 percent of the
amount of the line of credit requested by the community development
corporation if the Secretary determines such to be appropriate in accordance
with section 31116.
  SEC.31113.APPROVAL OF APPLICATIONS.

  (a) IN GENERAL.-In evaluating applications submitted under section
31112(b)(2)(B), the Secretary shall ensure that-

  (1) the residents of the target area to be served (as identified under the
strategic development plan) would have an income that is less than the median
income for the area (as determined by the Secretary);

  (2) the applicant community development corporation possesses the
technical and managerial capability necessary to administer a revolving loan
fund and has past experience in the development and management of housing,
community and economic development programs;

  (3) the applicant community development corporation has provided
sufficient evidence of the existence of good working relationships with-

  (A) local businesses and financial institutions, as well as with the
community the corporation proposes to serve; and

  (B) local and regional job training programs;

  (4) the applicant community development corporation will target job
opportunities that arise from revolving loan fund investments under this
chapter so that 75 percent of the jobs retained or created under such
investments are provided to-

  (A) individuals with-

(i) incomes that do not exceed the Federal poverty line; or

(ii) incomes that do not exceed 80 percent of the median income of the area;

  (B) individuals who are unemployed or underemployed;

  (C) individuals who are participating or have participated in job training
programs authorized under the Job Training Partnership Act (29 U.S.C. 1501 et
seq.) or the Family Support Act of 1988 (Public Law 100-485);

  (D) individuals whose jobs may be retained as a result of the provision of
financing available under this chapter; or

  (E) individuals who have historically been underrepresented in the local
economy; and

  (5) a representative cross section of applicants are approved, including
large and small community development corporations, urban and rural community
development corporations and community development corporations representing
diverse populations.

  (b) PRIORITY.-In determining which application to approve under this
chapter the Secretary shall give priority to those applicants proposing to
serve a target area-

  (1) with a median income that does not exceed 80 percent of the median for
the area (as determined by the Secretary); and

  (2) with a high rate of unemployment, as determined by the Secretary or in
which the population loss is at least 7 percent from April 1, 1980, to April
1, 1990, as reported by the Bureau of the Census.
  SEC.31114.AVAILABILITY OF LINES OF CREDIT AND USE.

  (a) APPROVAL OF APPLICATION.-The Secretary shall provide a community
development corporation that has an application approved under section 31113
with a line of credit in an amount determined appropriate by the Secretary,
subject to the limitations contained in subsection (b).

  (b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.-

  (1) MAXIMUM AMOUNT.-The Secretary shall not provide in excess
of $2,000,000 in lines of credit under this chapter to a single applicant.

  (2) PERIOD OF AVAILABILITY.-A line of credit provided under this chapter
shall remain available over a period of time established by the Secretary,
but in no event shall any such period of time be in excess of 3 years from
the date on which such line of credit is made available.

  (3) EXCEPTION.-Notwithstanding paragraphs (1) and (2), if a recipient of a
line of credit under this chapter has made full and productive use of such
line of credit, can demonstrate the need and demand for additional
assistance, and can meet the requirements of section 31112(b)(2), the amount
of such line of credit may be increased by not more than $1,500,000.

  (c) AMOUNTS DRAWN FROM LINE OF CREDIT.-Amounts drawn from each line of
credit under this chapter shall be used solely for the purposes described in
section 31111 and shall only be drawn down as needed to provide loans,
investments, or to defray administrative costs related to the establishment
of a revolving loan fund.

  (d) USE OF REVOLVING LOAN FUNDS.-Revolving loan funds established with
lines of credit provided under this chapter may be used to provide technical
assistance to private business enterprises and to provide financial
assistance in the form of loans, loan guarantees, interest reduction
assistance, equity shares, and other such forms of assistance to business
enterprises in target areas and who are in compliance with section
31113(a)(4).
                                                                   [pH8797]

  SEC.31115.LIMITATIONS ON USE OF FUNDS.

  (a) MATCHING REQUIREMENT.-Not to exceed 50 percent of the total amount to
be invested by an entity under this chapter may be derived from funds made
available from a line of credit under this chapter.

  (b) TECHNICAL ASSISTANCE AND ADMINISTRATION.-Not to exceed 10 percent of
the amounts available from a line of credit under this chapter shall be used
for the provision of training or technical assistance and for the planning,
development, and management of economic development projects. Community
development corporations shall be encouraged by the Secretary to seek
technical assistance from other community development corporations, with
expertise in the planning, development and management of economic development
projects. The Secretary shall assist in the identification and facilitation
of such technical assistance.

  (c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.-To receive funds available
under a line of credit provided under this chapter, an entity, using
procedures established by the Secretary, shall demonstrate to the community
development corporation that such entity agrees to provide local and private
sector contributions in accordance with section 31112(b)(2)(D), will
participate with such community development corporation in a loan, guarantee
or investment program for a designated business enterprise, and that the
total financial commitment to be provided by such entity is at least equal to
the amount to be drawn from the line of credit.

  (d) USE OF PROCEEDS FROM INVESTMENTS.-Proceeds derived from investments
made using funds made available under this chapter may be used only for the
purposes described in section 31111 and shall be reinvested in the community
in which they were generated.
  SEC.31116.PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.

  (a) IN GENERAL.-The Secretary shall give priority in providing lines of
credit under this chapter to community development corporations that propose
to undertake economic development activities in distressed communities that
target women, Native Americans, at risk youth, farmworkers, population-losing
communities, very low-income communities, single mothers, veterans, and
refugees; or that expand employee ownership of private enterprises and small
businesses, and to programs providing loans of not more than $35,000 to very
small business enterprises.

  (b) RESERVATION OF FUNDS.-Not less than 5 percent of the amounts made
available under section 31112(a)(2)(A) may be reserved to carry out the
activities described in subsection (a).

            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.-

  (1) IN GENERAL.-The Secretary shall award grants to community development
corporations to enable such corporations to attain or enhance the business
management and development skills of the individuals that manage such
corporations to enable such corporations to seek the public and private
resources necessary to develop community economic development projects.

  (2) USE OF FUNDS.-A recipient of a grant under paragraph (1) may use
amounts received under such grant-

  (A) to acquire training and technical assistance from agencies or
institutions that have extensive experience in the development and management
of low-income community economic development projects; or

  (B) to acquire such assistance from other highly successful community
development corporations.

  (c) OPERATING GRANTS.-

  (1) IN GENERAL.-The Secretary shall award grants to community development
corporations to enable such corporations to support an administrative
capacity for the planning, development, and management of low-income
community economic development projects.

  (2) USE OF FUNDS.-A recipient of a grant under paragraph (1) may use
amounts received under such grant-

  (A) to conduct evaluations of the feasibility of potential low-income
community economic development projects that address identified needs in the
low-income community and that conform to those projects and activities
permitted under subtitle A;

  (B) to develop a business plan related to such a potential project; or

  (C) to mobilize resources to be contributed to a planned low-income
community economic development project or strategy.

  (d) APPLICATIONS.-A community development corporation that desires to
receive a grant under this section shall prepare and submit to the Secretary
an application at such time, in such manner, and containing such information
as the Secretary may require.

  (e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT CORPORATION.-Amounts
provided under this section to a community development corporation shall not
exceed $75,000 per year. Such corporations may apply for grants under this
section for up to 3 consecutive years, except that such corporations shall be
required to submit a new application for each grant for which such
corporation desires to receive and compete on the basis of such applications
in the selection process.
  SEC.31122.EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN FUNDS.

  (a) AUTHORITY.-The Secretary may award grants to emerging community
development corporations to enable such corporations to establish, maintain
or expand revolving loan funds, to make or guarantee loans, or to make
capital investments in new or expanding local businesses.

  (b) ELIGIBILITY.-To be eligible to receive a grant under subsection (a),
an entity shall-

  (1) be a community development corporation;

  (2) have completed not less than one nor more than two community economic
development projects or related projects that improve or provide job and
employment opportunities to low-income individuals;

  (3) prepare and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may require,
including a strategic investment plan that identifies and describes the
economic characteristics of the target area to be served, the types of
business to be assisted using amounts received under the grant and the impact
of such assistance on low-income individuals; and

  (4) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit, or letters of
commitment) in an amount that is equal to at least 10 percent of the amounts
requested in the application submitted under paragraph (2).

  (c) USE OF THE REVOLVING LOAN FUND.-

  (1) IN GENERAL.-A revolving loan fund established or maintained with
amounts received under this section may be utilized to provide financial and
technical assistance, loans, loan guarantees or investments to private
business enterprises to-

  (A) finance projects intended to provide business and employment
opportunities for low-income individuals and to improve the quality of life
in urban and rural areas; and

  (B) build and expand the capacity of emerging community development
corporations and serve the economic needs of local residents.

  (2) TECHNICAL ASSISTANCE.-The Secretary shall encourage emerging community
development corporations that receive grants under this section to seek
technical assistance from established community development corporations,
with expertise in the planning, development and management of economic
development projects and shall facilitate the receipt of such assistance.

  (3) LIMITATION.-Not to exceed 10 percent of the amounts received under
this section by a grantee shall be used for training, technical assistance
and administrative purposes.

  (d) USE OF PROCEEDS FROM INVESTMENTS.-Proceeds derived from investments
made with amounts provided under this section may be utilized only for the
purposes described in this subtitle and shall be reinvested in the community
in which they were generated.

  (e) AMOUNTS AVAILABLE.-Amounts provided under this section to a community
development corporation shall not exceed $500,000 per year.

                      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.
  SEC.31132.AUTHORIZATION OF APPROPRIATIONS.

  (a) IN GENERAL.-There are authorized to be appropriated to carry out
chapters 1 and 2-

  (1) $45,000,000 for fiscal year 1996;

  (2) $72,000,000 for fiscal year 1997;

  (3) $76,500,000 for fiscal year 1998; and

  (4) $76,500,000 for fiscal year 1999.

  (b) EARMARKS.-Of the aggregate amount appropriated under subsection (a)
for each fiscal year-

  (1) 60 percent shall be available to carry out chapter 1; and

  (2) 40 percent shall be available to carry out chapter 2.

  (c) AMOUNTS.-Amounts appropriated under subsection (a) shall remain
available for expenditure without fiscal year limitation.
                                                                   [pH8798]

  SEC.31133.PROHIBITION.

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

                Subtitle O-Urban Recreation and At-Risk Youth

  SEC. 31501. PURPOSE OF ASSISTANCE.

  Section 1003 of the Urban Park and Recreation Recovery Act of 1978 is
amended by adding the following at the end: "It is further the purpose of
this title to improve recreation facilities and expand recreation services in
urban areas with a high incidence of crime and to help deter crime through
the expansion of recreation opportunities for at-risk youth. It is the
further purpose of this section to increase the security of urban parks and
to promote collaboration between local agencies involved in parks and
recreation, law enforcement, youth social services, and juvenile justice
system.".
  SEC. 31502. DEFINITIONS.

  Section 1004 of the Urban Park and Recreation Recovery Act of 1978 is
amended by inserting the following new subsection after subsection (c) and by
redesignating subsections (d) through (j) as (e) through (k), respectively:

  "(d) `at-risk youth recreation grants' means-

  "(1) rehabilitation grants,

  "(2) innovation grants, or

  "(3) matching grants for continuing program support for programs of
demonstrated value or success in providing constructive alternatives to youth
at risk for engaging in criminal behavior, including grants for operating, or
coordinating recreation programs and services;

  in neighborhoods and communities with a high prevalence of crime,
particularly violent crime or crime committed by youthful offenders; in
addition to the purposes specified in subsection (b), rehabilitation grants
referred to in paragraph (1) of this subsection may be used for the provision
of lighting, emergency phones or other capital improvements which will
improve the security of urban parks;".
  SEC. 31503. CRITERIA FOR SELECTION.

  Section 1005 of the Urban Park and Recreation Recovery Act of 1978 is
amended by striking "and" at the end of paragraph (6), by striking the period
at the end of paragraph (7) and inserting "; and" and by adding the following
at the end:

  "(8) in the case of at-risk youth recreation grants, the Secretary shall
give a priority to each of the following criteria:

  "(A) Programs which are targeted to youth who are at the greatest risk of
becoming involved in violence and crime.

  "(B) Programs which teach important values and life skills, including
teamwork, respect, leadership, and self-esteem.

  "(C) Programs which offer tutoring, remedial education, mentoring, and
counseling in addition to recreation opportunities.

  "(D) Programs which offer services during late night or other nonschool
hours.

  "(E) Programs which demonstrate collaboration between local park and
recreation, juvenile justice, law enforcement, and youth social service
agencies and nongovernmental entities, including the private sector and
community and nonprofit organizations.

  "(F) Programs which leverage public or private recreation investments in
the form of services, materials, or cash.

  "(G) Programs which show the greatest potential of being continued with
non-Federal funds or which can serve as models for other communities.".
  SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.

  Section 1007(b) of the Urban Park and Recreation Recovery Act of 1978 is
amended by adding the following at the end: "In order to be eligible to
receive `at-risk youth recreation grants' a local government shall amend its
5-year action program to incorporate the goal of reducing crime and juvenile
delinquency and to provide a description of the implementation strategies to
achieve this goal. The plan shall also address how the local government is
coordinating its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service agencies.".
  SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

  (a) PROGRAM SUPPORT.-Section 1013 of the Urban Park and Recreation
Recovery Act of 1978 is amended by inserting "(a)IN GENERAL.-" after "1013"
and by adding the following new subsection at the end:

  "(b) PROGRAM SUPPORT.-Not more than 25 percent of the amounts made
available under this title to any local government may be used for program
support.".

  (b) EXTENSION.-Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking "for a period of five years" and by
striking "short-term".

  (c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this subtitle-

  (1) $2,700,000 for fiscal year 1996;

  (2) $450,000 for fiscal year 1997;

  (3) $450,000 for fiscal year 1998;

  (4) $450,000 for fiscal year 1999; and

  (5) $450,000 for fiscal year 2000.

          Subtitle Q-Community-Based Justice Grants for Prosecutors

  SEC. 31701. GRANT AUTHORIZATION.

  (a) IN GENERAL.-The Attorney General may make grants to State, Indian
tribal, or local prosecutors for the purpose of supporting the creation or
expansion of community-based justice programs.

  (b) CONSULTATION.-The Attorney General may consult with the Ounce of
Prevention Council in making grants under subsection (a).
  SEC. 31702. USE OF FUNDS.

  Grants made by the Attorney General under this section shall be used-

  (1) to fund programs that require the cooperation and coordination of
prosecutors, school officials, police, probation officers, youth and social
service professionals, and community members in the effort to reduce the
incidence of, and increase the successful identification and speed of
prosecution of, young violent offenders;

  (2) to fund programs in which prosecutors focus on the offender, not
simply the specific offense, and impose individualized sanctions, designed to
deter that offender from further antisocial conduct, and impose increasingly
serious sanctions on a young offender who continues to commit offenses;

  (3) to fund programs that coordinate criminal justice resources with
educational, social service, and community resources to develop and deliver
violence prevention programs, including mediation and other conflict
resolution methods, treatment, 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 U.S.C. 3796bb(B)), to
fund cooperative efforts between State and local prosecutors, victim advocacy
and assistance groups, social and community service providers, and law
enforcement agencies to investigate and prosecute child abuse cases, treat
youthful victims of child abuse, and work in cooperation with the community
to develop education and prevention strategies directed toward the issues
with which such entities are concerned.
  SEC. 31703. APPLICATIONS.

  (a) ELIGIBILITY.-In order to be eligible to receive a grant under this
part for any fiscal year, a State, Indian tribal, or local prosecutor, in
conjunction with the chief executive officer of the jurisdiction in which the
program will be placed, shall submit an application to the Attorney General
in such form and containing such information as the Attorney General may
reasonably require.

  (b) REQUIREMENTS.-Each applicant shall include-

  (1) a request for funds for the purposes described in section 31702;

  (2) a description of the communities to be served by the grant, including
the nature of the youth crime, youth violence, and child abuse problems
within such communities;

  (3) assurances that Federal funds received under this part shall be used
to supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this section; and

  (4) statistical information in such form and containing such information
that the Attorney General may require.

  (c) COMPREHENSIVE PLAN.-Each applicant shall include a comprehensive plan
that shall contain-

  (1) a description of the youth violence or child abuse crime problem;

  (2) an action plan outlining how the applicant will achieve the purposes
as described in section 31702;

  (3) a description of the resources available in the community to implement
the plan together with a description of the gaps in the plan that cannot be
filled with existing resources; and

  (4) a description of how the requested grant will be used to fill gaps.
  SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

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

  (b) RENEWAL OF GRANTS.-A grant under this part may be renewed for up to 2
additional years after the first fiscal year during which the recipient
receives its initial grant under this part, subject to the availability of
funds, if-

  (1) the Attorney General determines that the funds made available to the
recipient during the previous years were used in a manner required under the
approved application; and

  (2) the Attorney General determines that an additional grant is necessary
to implement the community prosecution program described in the comprehensive
plan required by section 31703.
  SEC. 31705. AWARD OF GRANTS.

  The Attorney General shall consider the following facts in awarding
grants:

  (1) Demonstrated need and evidence of the ability to provide the services
described in the plan required under section 31703.

  (2) The Attorney General shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant awards.
  SEC. 31706. REPORTS.

  (a) REPORT TO ATTORNEY GENERAL.-State and local prosecutors that receive
funds under this subtitle shall submit to the Attorney General a report not
later than March 1 of each year that describes progress achieved in carrying
out the plan described under section 31703(c).

  (b) REPORT TO CONGRESS.-The Attorney General shall submit to the Congress
a report by October 1 of each year in which grants are made available under
this subtitle which shall contain a detailed statement regarding grant
awards, activities of grant recipients, a compilation of statistical
information submitted by applicants, and an evaluation of programs
established under this subtitle.
                                                                   [pH8799]

  SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this subtitle-

  (1) $7,000,000 for fiscal year 1996;

  (2) $10,000,000 for fiscal year 1997;

  (3) $10,000,000 for fiscal year 1998;

  (4) $11,000,000 for fiscal year 1999; and

  (5) $12,000,000 for fiscal year 2000.
  SEC. 31708. DEFINITIONS.

  In this subtitle-

  "Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.

  "Young violent offenders" means individuals, ages 7 through 22, who have
committed crimes of violence, weapons offenses, drug distribution, hate
crimes and civil rights violations, and offenses against personal property of
another.

                Subtitle S-Family Unity Demonstration Project

  SEC. 31901. SHORT TITLE.

  This subtitle may be cited as the "Family Unity Demonstration Project
Act".
  SEC. 31902. PURPOSE.

  The purpose of this subtitle is to evaluate the effectiveness of certain
demonstration projects in helping to-

  (1) alleviate the harm to children and primary caretaker parents caused by
separation due to the incarceration of the parents;

  (2) reduce recidivism rates of prisoners by encouraging strong and
supportive family relationships; and

  (3) explore the cost effectiveness of community correctional facilities.
  SEC. 31903. DEFINITIONS.

  In this subtitle-

  "child" means a person who is less than 7 years of age.

  "community correctional facility" means a residential facility that-

  (A) is used only for eligible offenders and their children under 7 years
of age;

  (B) is not within the confines of a jail or prison;

  (C) houses no more than 50 prisoners in addition to their children; and

  (D) provides to inmates and their children-

(i) a safe, stable, environment for children;

(ii) pediatric and adult medical care consistent with medical standards for
correctional facilities;

(iii) programs to improve the stability of the parent-child relationship,
including educating parents regarding-

(I) child development; and

(II) household management;

(iv) alcoholism and drug addiction treatment for prisoners; and

(v) programs and support services to help inmates-

(I) to improve and maintain mental and physical health, including access to
counseling;

(II) to obtain adequate housing upon release from State incarceration;

(III) to obtain suitable education, employment, or training for employment;
and

(IV) to obtain suitable child care.

  "eligible offender" means a primary caretaker parent who-

  (A) has been sentenced to a term of imprisonment of not more than 7 years
or is awaiting sentencing for a conviction punishable by such a term of
imprisonment; and

  (B) has not engaged in conduct that-

(i) knowingly resulted in death or serious bodily injury;

(ii) is a felony for a crime of violence against a person; or

(iii) constitutes child neglect or mental, physical, or sexual abuse of a
child.

  "primary caretaker parent" means-

  (A) a parent who has consistently assumed responsibility for the housing,
health, and safety of a child prior to incarceration; or

  (B) a woman who has given birth to a child after or while awaiting her
sentencing hearing and who expresses a willingness to assume responsibility
for the housing, health, and safety of that child,

  a parent who, in the best interest of a child, has arranged for the
temporary care of the child in the home of a relative or other responsible
adult shall not for that reason be excluded from the category "primary
caretaker".

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
  SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.

  (a) AUTHORIZATION.-There are authorized to be appropriated to carry out
this subtitle-

  (1) $3,600,000 for fiscal year 1996;

  (2) $3,600,000 for fiscal year 1997;

  (3) $3,600,000 for fiscal year 1998;

  (4) $3,600,000 for fiscal year 1999; and

  (5) $5,400,000 for fiscal year 2000.

  (b) AVAILABILITY OF APPROPRIATIONS.-Of the amount appropriated under
subsection (a) for any fiscal year-

  (1) 90 percent shall be available to carry out chapter 1; and

  (2) 10 percent shall be available to carry out chapter 2.

                          CHAPTER 1-GRANTS 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-

  (1) both the State corrections agency and the State health and human
services agency will participate substantially in, and cooperate closely in
all aspects of, the development and operation of the family unity
demonstration project for which such a grant is requested;

  (2) boards made up of community members, including residents, local
businesses, corrections officials, former prisoners, child development
professionals, educators, and maternal and child health professionals will be
established to advise the State regarding the operation of such project;

  (3) the State has in effect a policy that provides for the placement of
all prisoners, whenever possible, in correctional facilities for which they
qualify that are located closest to their respective family homes;

  (4) unless the Attorney General determines that a longer timeline is
appropriate in a particular case, the State will implement the project not
later than 180 days after receiving a grant under subsection (a) and will
expend all of the grant during a 1-year period;

  (5) the State has the capacity to continue implementing a community
correctional facility beyond the funding period to ensure the continuity of
the work;

  (6) unless the Attorney General determines that a different process for
selecting participants in a project is desirable, the State will-

  (A) give written notice to a prisoner, not later than 30 days after the
State first receives a grant under subsection (a) or 30 days after the
prisoner is sentenced to a term of imprisonment of not more than 7
years (whichever is later), of the proposed or current operation of the
project;

  (B) accept at any time at which the project is in operation an application
by a prisoner to participate in the project if, at the time of application,
the remainder of the prisoner's sentence exceeds 180 days;

  (C) review applications by prisoners in the sequence in which the State
receives such applications; and

  (D) not more than 50 days after reviewing such applications approve or
disapprove the application; and

  (7) for the purposes of selecting eligible offenders to participate in
such project, the State has authorized State courts to sentence an eligible
offender directly to a community correctional facility, provided that the
court gives assurances that the offender would have otherwise served a term
of imprisonment.

  (c) SELECTION OF GRANTEES.-The Attorney General shall make grants under
subsection (a) on a competitive basis, based on such criteria as the Attorney
General shall issue by rule and taking into account the preferences described
in subsection (b).
  SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.

  To be eligible to receive a grant under section 31911, a State shall
submit to the Attorney General an application at such time, in such form, and
containing such information as the Attorney General reasonably may require by
rule.
  SEC. 31913. REPORT.

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

  (b) CONTENTS.-A report under subsection (a) shall-

  (1) state the number of prisoners who submitted applications to
participate in the project and the number of prisoners who were placed in
community correctional facilities;

  (2) state, with respect to prisoners placed in the project, the number of
prisoners who are returned to that jurisdiction and custody and the reasons
for such return;

  (3) describe the nature and scope of educational and training activities
provided to prisoners participating in the project;

  (4) state the number, and describe the scope of, contracts made with
public and nonprofit private community-based organizations to carry out such
project; and

  (5) evaluate the effectiveness of the project in accomplishing the
purposes described in section 31902.

           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 children.

  (b) GENERAL CONTRACTING AUTHORITY.-In implementing this title, the
Attorney General may enter into contracts with appropriate public or private
agencies to provide housing, sustenance, services, and supervision of inmates
eligible for placement in community correctional facilities under this title.

  (c) USE OF STATE FACILITIES.-At the discretion of the Attorney General,
Federal participants may be placed in State projects as defined in chapter 1.
For such participants, the Attorney General shall, with funds available under
section 31904(b)(2), reimburse the State for all project costs related to the
Federal participant's placement, including administrative costs.
                                                                   [pH8800]

  SEC. 31922. REQUIREMENTS.

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

           Subtitle T-Substance Abuse Treatment in Federal Prisons

  SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.

  Section 3621 of title 18, United States Code, is amended-

  (1) in the last sentence of subsection (b), by striking ", to the extent
practicable,"; and

  (2) by adding at the end the following new subsection:

  "(e) SUBSTANCE ABUSE TREATMENT.-

  "(1) PHASE-IN.-In order to carry out the requirement of the last sentence
of subsection (b) of this section, that every prisoner with a substance abuse
problem have the opportunity to participate in appropriate substance abuse
treatment, the Bureau of Prisons shall, subject to the availability of
appropriations, provide residential substance abuse treatment (and make
arrangements for appropriate aftercare)-

  "(A) for not less than 50 percent of eligible prisoners by the end of
fiscal year 1995, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date;

  "(B) for not less than 75 percent of eligible prisoners by the end of
fiscal year 1996, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date; and

  "(C) for all eligible prisoners by the end of fiscal year 1997 and
thereafter, with priority for such treatment accorded based on an eligible
prisoner's proximity to release date.

  "(2) INCENTIVE FOR PRISONERS' SUCCESSFUL COMPLETION OF TREATMENT PROGRAM.-

  "(A) GENERALLY.-Any prisoner who, in the judgment of the Director of the
Bureau of Prisons, has successfully completed a program of residential
substance abuse treatment provided under paragraph (1) of this subsection,
shall remain in the custody of the Bureau under such conditions as the Bureau
deems appropriate. If the conditions of confinement are different from those
the prisoner would have experienced absent the successful completion of the
treatment, the Bureau shall periodically test the prisoner for substance
abuse and discontinue such conditions on determining that substance abuse has
recurred.

  "(B) PERIOD OF CUSTODY.-The period a prisoner convicted of a nonviolent
offense remains in custody after successfully completing a treatment program
may be reduced by the Bureau of Prisons, but such reduction may not be more
than one year from the term the prisoner must otherwise serve.

  "(3) REPORT.-The Bureau of Prisons shall transmit to the Committees on the
Judiciary of the Senate and the House of Representatives on January 1, 1995,
and on January 1 of each year thereafter, a report. Such report shall
contain-

  "(A) a detailed quantitative and qualitative description of each substance
abuse treatment program, residential or not, operated by the Bureau;

  "(B) a full explanation of how eligibility for such programs is
determined, with complete information on what proportion of prisoners with
substance abuse problems are eligible; and

  "(C) a complete statement of to what extent the Bureau has achieved
compliance with the requirements of this title.

  "(4) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this subsection-

  "(A) $13,500,000 for fiscal year 1996;

  "(B) $18,900,000 for fiscal year 1997;

  "(C) $25,200,000 for fiscal year 1998;

  "(D) $27,000,000 for fiscal year 1999; and

  "(E) $27,900,000 for fiscal year 2000.

  "(5) DEFINITIONS.-As used in this subsection-

  "(A) the term `residential substance abuse treatment' means a course of
individual and group activities, lasting between 6 and 12 months, in
residential treatment facilities set apart from the general prison
population-

"(i) directed at the substance abuse problems of the prisoner; and

"(ii) intended to develop the prisoner's cognitive, behavioral, social,
vocational, and other skills so as to solve the prisoner's substance abuse
and related problems;

  "(B) the term `eligible prisoner' means a prisoner who is-

"(i) determined by the Bureau of Prisons to have a substance abuse problem;
and

"(ii) willing to participate in a residential substance abuse treatment
program; and

  "(C) the term `aftercare' means placement, case management and monitoring
of the participant in a community-based substance abuse treatment program
when the participant leaves the custody of the Bureau of Prisons.

  "(6) COORDINATION OF FEDERAL ASSISTANCE.-The Bureau of Prisons shall
consult with the Department of Health and Human Services concerning substance
abuse treatment and related services and the incorporation of applicable
components of existing comprehensive approaches including relapse prevention
and aftercare services.".

          Subtitle U-Residential Substance Abuse Treatment for State
                                  Prisoners

  SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS.

  (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.-Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 20201(a), is amended-

  (1) by redesignating part S as part T;

  (2) by redesignating section 1901 as section 2001; and

  (3) by inserting after part R the following new part:

           "PART S-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.

  "(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 Health and Human Services' Substance Abuse and Mental Health
Services Administration.

  "(e) STATE OFFICE.-The Office designated under section 507-

  "(1) shall prepare the application as required under this section; and

  "(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund disbursement.
  "SEC. 1903. REVIEW OF STATE APPLICATIONS.

  "(a) IN GENERAL.-The Attorney General shall make a grant under section
1901 to carry out the projects described in the application submitted under
section 1902 upon determining that-

  "(1) the application is consistent with the requirements of this part; and

  "(2) before the approval of the application the Attorney General has made
an affirmative finding in writing that the proposed project has been reviewed
in accordance with this part.

  "(b) APPROVAL.-Each application submitted under section 1902 shall be
considered approved, in whole or in part, by the Attorney General not later
than 90 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.

  "(c) RESTRICTION.-Grant funds received under this part shall not be used
for land acquisition or construction projects.

  "(d) DISAPPROVAL NOTICE AND RECONSIDERATION.-The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
                                                                   [pH8801]

  "SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.

  "(a) ALLOCATION.-Of the total amount appropriated under this part in any
fiscal year-

  "(1) 0.4 percent shall be allocated to each of the participating States;
and

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

  "(b) FEDERAL SHARE.-The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1902 for the fiscal year for which the
projects receive assistance under this part.
  "SEC. 1905. EVALUATION.

  "Each State that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in such
form and containing such information as the Attorney General may reasonably
require.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 20201(b), is amended by inserting after the matter
relating to part R the following new part:




           "PART S-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
                                  PRISONERS

"Sec.1901. Grant authorization.
"Sec.1902. State applications.
"Sec.1903. Review of State applications.
"Sec.1904. Allocation and distribution of funds.
"Sec.1905. Evaluation.





                  "PART T-TRANSITION-EFFECTIVE DATE-REPEALER

"Sec.2001.Confirmation of rules, authorities, and proceedings.".


  (c) DEFINITIONS.-Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section 20201(c), is
amended-

  (1) by striking "and" at the end of paragraph (23);

  (2) by striking the period at the end of paragraph (24) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:

  "(25) the term `residential substance abuse treatment program' means a
course of individual and group activities, lasting between 6 and 12 months,
in residential treatment facilities set apart from the general prison
population-

  "(A) directed at the substance abuse problems of the prisoner; and

  "(B) intended to develop the prisoner's cognitive, behavioral, social,
vocational, and other skills so as to solve the prisoner's substance abuse
and related problems.".

  (d) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 20201(d), is amended-

  (1) in paragraph (3) by striking "and R" and inserting "R, or S"; and

  (2) by adding at the end the following new paragraph:

  "(17) There are authorized to be appropriated to carry out the projects
under part S-

  "(A) $27,000,000 for fiscal year 1996;

  "(B) $36,000,000 for fiscal year 1997;

  "(C) $63,000,000 for fiscal year 1998;

  "(D) $72,000,000 for fiscal year 1999; and

  "(E) $72,000,000 for fiscal year 2000.".

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

  SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.

  (a) GUIDELINES.-The Attorney General, in consultation with the Secretary
of Health and Human Services and the Director of the National Institute of
Corrections, shall develop and disseminate to appropriate entities, including
State, Indian tribal, and local correctional institutions and the Immigration
and Naturalization Service, guidelines for the prevention, diagnosis,
treatment, and followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or under
contract with the Immigration and Naturalization Service.

  (b) COMPLIANCE.-The Attorney General shall ensure that prisons in the
Federal prison system and holding facilities operated by or under contract
with the Immigration and Naturalization Service comply with the guidelines
described in subsection (a).

  (c) GRANTS.-

  (1) IN GENERAL.-The Attorney General shall make grants to State, Indian
tribal, and local correction authorities and public health authorities to
assist in establishing and operating programs for the prevention, diagnosis,
treatment, and followup care of tuberculosis among inmates of correctional
institutions.

  (2) FEDERAL SHARE.-The Federal share of funding of a program funded with a
grant under paragraph (1) shall not exceed 50 percent.

  (3) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (A) $700,000 for fiscal year 1996;

  (B) $1,000,000 for fiscal year 1997;

  (C) $1,000,000 for fiscal year 1998;

  (D) $1,100,000 for fiscal year 1999; and

  (E) $1,200,000 for fiscal year 2000.

  (d) DEFINITIONS.-In this section-

  "Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.

              Subtitle X-Gang Resistance Education and Training

  SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.

  (a) ESTABLISHMENT OF PROJECTS.-

  (1) IN GENERAL.-The Secretary of the Treasury shall establish not less
than 50 Gang Resistance Education and Training (GREAT) projects, to be
located in communities across the country, in addition to the number of
projects currently funded.

  (2) SELECTION OF COMMUNITIES.-Communities identified for such GREAT
projects shall be selected by the Secretary of the Treasury on the basis of
gang-related activity in that particular community.

  (3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION.-The Secretary of the
Treasury shall make available not less than $800,000 per project, subject to
the availability of appropriations, and such funds shall be allocated-

  (A) 50 percent to the affected State and local law enforcement and
prevention organizations participating in such projects; and

  (B) 50 percent to the Bureau of Alcohol, Tobacco and Firearms for
salaries, expenses, and associated administrative costs for operating and
overseeing such projects.

  (b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
appropriated to carry out this section-

  (1) $9,000,000 for fiscal year 1995;

  (2) $7,200,000 for fiscal year 1996;

  (3) $7,200,000 for fiscal year 1997;

  (4) $7,200,000 for fiscal year 1998;

  (5) $7,200,000 for fiscal year 1999; and

  (6) $7,200,000 for fiscal year 2000.

                       TITLE IV-VIOLENCE AGAINST WOMEN

  SEC. 40001. SHORT TITLE.

  This title may be cited as the "Violence Against Women Act of 1994".

                      Subtitle A-Safe Streets for Women

  SEC. 40101. SHORT TITLE.

  This subtitle may be cited as the "Safe Streets for Women Act of 1994".

                  CHAPTER 1-FEDERAL PENALTIES FOR SEX CRIMES

  SEC. 40111. REPEAT OFFENDERS.

  (a) IN GENERAL.-Chapter 109A of title 18, United States Code, is amended
by adding at the end the following new section:
  "2247. Repeat offenders

  "Any person who violates a provision of this chapter, after one or more
prior convictions for an offense punishable under this chapter, or after one
or more prior convictions under the laws of any State relating to aggravated
sexual abuse, sexual abuse, or abusive sexual contact have become final, is
punishable by a term of imprisonment up to twice that otherwise authorized.".

  (b) AMENDMENT OF SENTENCING GUIDELINES.-The Sentencing Commission shall
implement the amendment made by subsection (a) by promulgating amendments, if
appropriate, in the sentencing guidelines applicable to chapter 109A
offenses.

  (c) CHAPTER ANALYSIS.-The chapter analysis for chapter 109A of title 18,
United States Code, is amended by adding at the end the following new item:



"2247. Repeat offenders.".

  SEC. 40112. FEDERAL PENALTIES.

  (a) AMENDMENT OF SENTENCING GUIDELINES.-Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing
Commission shall review and amend, where necessary, its sentencing guidelines
on aggravated sexual abuse under section 2241 of title 18, United States
Code, or sexual abuse under section 2242 of title 18, United States Code, as
follows:

  (1) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to enhance penalties if more than 1 offender is
involved in the offense.

  (2) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to reduce unwarranted disparities between the
sentences for sex offenders who are known to the victim and sentences for sex
offenders who are not known to the victim.

  (3) The Commission shall review and promulgate amendments to the
guidelines to enhance penalties, if appropriate, to render Federal penalties
on Federal territory commensurate with penalties for similar offenses in the
States.

  (4) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to account for the general problem of recidivism
in cases of sex offenses, the severity of the offense, and its devastating
effects on survivors.

  (b) REPORT.-Not later than 180 days after the date of enactment of this
Act, the United States Sentencing Commission shall review and submit to
Congress a report containing an analysis of Federal rape sentencing,
accompanied by comment from independent experts in the field, describing-

  (1) comparative Federal sentences for cases in which the rape victim is
known to the defendant and cases in which the rape victim is not known to the
defendant;

  (2) comparative Federal sentences for cases on Federal territory and
sentences in surrounding States; and

  (3) an analysis of the effect of rape sentences on populations residing
primarily on Federal territory relative to the impact of other Federal
offenses in which the existence of Federal jurisdiction depends upon the
offense's being committed on Federal territory.
                                                                   [pH8802]

  SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.

  (a) SEXUAL ABUSE.-

  (1) IN GENERAL.-Chapter 109A of title 18, United States Code, is amended
by adding at the end the following new section:
  "2248. Mandatory restitution

  "(a) IN GENERAL.-Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.

  "(b) SCOPE AND NATURE OF ORDER.-

  "(1) DIRECTIONS.-The order of restitution under this section shall direct
that-

  "(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's losses as determined by the court,
pursuant to paragraph (3); and

  "(B) the United States Attorney enforce the restitution order by all
available and reasonable means.

  "(2) ENFORCEMENT BY VICTIM.-An order of restitution also may be enforced
by a victim named in the order to receive the restitution in the same manner
as a judgment in a civil action.

  "(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' includes any costs incurred by the victim for-

  "(A) medical services relating to physical, psychiatric, or psychological
care;

  "(B) physical and occupational therapy or rehabilitation;

  "(C) necessary transportation, temporary housing, and child care expenses;

  "(D) lost income;

  "(E) attorneys' fees, plus any costs incurred in obtaining a civil
protection order; and

  "(F) any other losses suffered by the victim as a proximate result of the
offense.

  "(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.

  "(B) A court may not decline to issue an order under this section because
of-

  "(i) the economic circumstances of the defendant; or

  "(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.

  "(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.

  "(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-

  "(I) the financial resources and other assets of the defendant;

  "(II) projected earnings, earning capacity, and other income of the
defendant; and

  "(III) any financial obligations of the defendant, including obligations
to dependents.

  "(D) Subparagraph (A) does not apply if-

  "(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and

  "(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.

  "(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.

  "(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.

  "(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.

  "(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-

  "(A) any Federal civil proceeding; and

  "(B) any State civil proceeding, to the extent provided by the law of the
State.

  "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.

  "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke probation or a
term of supervised release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.

  "(c) PROOF OF CLAIM.-

  "(1) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or the
United States Attorney's delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed by the United
States Attorney (or the United States Attorney's delegee) and the victim.
Should the victim object to any of the information included in the affidavit,
the United States Attorney (or the United States Attorney's delegee) shall
advise the victim that the victim may file a separate affidavit and shall
provide the victim with an affidavit form which may be used to do so.

  "(2) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.

  "(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.

  "(4) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable by the date that is 10 days prior to sentencing as provided in
paragraph (1), the United States Attorney (or the United States Attorney's
delegee) shall so inform the court, and the court shall set a date for the
final determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the initial
claim for restitutionary relief.

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

  "(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.-The court may refer any
issue arising in connection with a proposed order of restitution to a
magistrate or special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo determination of the
issue by the court.

  "(f) DEFINITION.-For purposes of this section, the term `victim' means the
individual harmed as a result of a commission of a crime under this chapter,
including, in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member, or any other
person appointed as suitable by the court, but in no event shall the
defendant be named as such representative or guardian.".

  (2) TECHNICAL AMENDMENT.-The chapter analysis for chapter 109A of title
18, United States Code, is amended by adding at the end the following new
item:



"2248. Mandatory restitution.".


  (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.-

  (1) IN GENERAL.-Chapter 110 of title 18, United States Code, is amended by
adding at the end the following new section:
  "2259. Mandatory restitution

  "(a) IN GENERAL.-Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.

  "(b) SCOPE AND NATURE OF ORDER.-

  "(1) DIRECTIONS.-The order of restitution under this section shall direct
that-

  "(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's losses as determined by the court,
pursuant to paragraph (3); and

  "(B) the United States Attorney enforce the restitution order by all
available and reasonable means.

  "(2) ENFORCEMENT BY VICTIM.-An order of restitution may also be enforced
by a victim named in the order to receive the restitution in the same manner
as a judgment in a civil action.

  "(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' includes any costs incurred by the victim for-

  "(A) medical services relating to physical, psychiatric, or psychological
care;

  "(B) physical and occupational therapy or rehabilitation;

  "(C) necessary transportation, temporary housing, and child care expenses;

  "(D) lost income;

  "(E) attorneys' fees, as well as other costs incurred; and

  "(F) any other losses suffered by the victim as a proximate result of the
offense.

  "(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.

  "(B) A court may not decline to issue an order under this section because
of-

  "(i) the economic circumstances of the defendant; or

  "(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.

  "(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.

  "(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-

  "(I) the financial resources and other assets of the defendant;

  "(II) projected earnings, earning capacity, and other income of the
defendant; and

  "(III) any financial obligations of the defendant, including obligations
to dependents.

  "(D) Subparagraph (A) does not apply if-

  "(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and

  "(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.

  "(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.

  "(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.

  "(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.

  "(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-

  "(A) any Federal civil proceeding; and

  "(B) any State civil proceeding, to the extent provided by the law of the
State.

  "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.

  "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke probation or a
term of supervised release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.

  "(c) PROOF OF CLAIM.-

  "(1) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or the
United States Attorney's delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed by the United
States Attorney (or the United States Attorney's delegee) and the victim.
Should the victim object to any of the information included in the affidavit,
the United States Attorney (or the United States Attorney's delegee) shall
advise the victim that the victim may file a separate affidavit and shall
provide the victim with an affidavit form which may be used to do so.

  "(2) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.

  "(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.

  "(4) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable by the date that is 10 days prior to sentencing as provided in
paragraph (1), the United States Attorney (or the United States Attorney's
delegee) shall so inform the court, and the court shall set a date for the
final determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the initial
claim for restitutionary relief.

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

  "(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.-The court may refer any
issue arising in connection with a proposed order of restitution to a
magistrate or special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo determination of the
issue by the court.

  "(f) DEFINITION.-For purposes of this section, the term `victim' means the
individual harmed as a result of a commission of a crime under this chapter,
including, in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member, or any other
person appointed as suitable by the court, but in no event shall the
defendant be named as such representative or guardian.".

  (2) TECHNICAL AMENDMENT.-The chapter analysis for chapter 110 of title 18,
United States Code, is amended by adding at the end the following new item:



"2259. Mandatory restitution.".

                                                                   [pH8803]

  SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

  There are authorized to be appropriated for the United States Attorneys
for the purpose of appointing Victim/Witness Counselors for the prosecution
of sex crimes and domestic violence crimes where applicable (such as the
District of Columbia)-

  (1) $500,000 for fiscal year 1996;

  (2) $500,000 for fiscal year 1997; and

  (3) $500,000 for fiscal year 1998.

          CHAPTER 2-LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE
                         VIOLENT CRIMES AGAINST WOMEN

  SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.

  (a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 32101(a), is amended-

  (1) by redesignating part T as part U;

  (2) by redesignating section 2001 as section 2101; and

  (3) by inserting after part S the following new part:

            "PART T-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

  "SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.

  "(a) GENERAL PROGRAM PURPOSE.-The purpose of this part is to assist
States, Indian tribal governments, and units of local government to develop
and strengthen effective law enforcement and prosecution strategies to combat
violent crimes against women, and to develop and strengthen victim services
in cases involving violent crimes against women.

  "(b) PURPOSES FOR WHICH GRANTS MAY BE USED.-Grants under this part shall
provide personnel, training, technical assistance, data collection and other
equipment for the more widespread apprehension, prosecution, and adjudication
of persons committing violent crimes against women, and specifically, for the
purposes of-

  "(1) training law enforcement officers and prosecutors to more effectively
identify and respond to violent crimes against women, including the crimes of
sexual assault and domestic violence;

  "(2) developing, training, or expanding units of law enforcement officers
and prosecutors specifically targeting violent crimes against women,
including the crimes of sexual assault and domestic violence;

  "(3) developing and implementing more effective police and prosecution
policies, protocols, orders, and services specifically devoted to preventing,
identifying, and responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;

  "(4) developing, installing, or expanding data collection and
communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders, prosecutions,
and convictions for violent crimes against women, including the crimes of
sexual assault and domestic violence;

  "(5) developing, enlarging, or strengthening victim services programs,
including sexual assault and domestic violence programs, developing or
improving delivery of victim services to racial, cultural, ethnic, and
language minorities, providing specialized domestic violence court advocates
in courts where a significant number of protection orders are granted, and
increasing reporting and reducing attrition rates for cases involving violent
crimes against women, including crimes of sexual assault and domestic
violence;

  "(6) developing, enlarging, or strengthening programs addressing stalking;
and

  "(7) developing, enlarging, or strengthening programs addressing the needs
and circumstances of Indian tribes in dealing with violent crimes against
women, including the crimes of sexual assault and domestic violence.
  "SEC. 2002. STATE GRANTS.

  "(a) GENERAL GRANTS.-The Attorney General may make grants to States, for
use by States, units of local government, nonprofit nongovernmental victim
services programs, and Indian tribal governments for the purposes described
in section 2001(b).

  "(b) AMOUNTS.-Of the amounts appropriated for the purposes of this part-

  "(1) 4 percent shall be available for grants to Indian tribal governments;

  "(2) $500,000 shall be available for grants to applicants in each State;
and

  "(3) the remaining funds shall be available for grants to applicants in
each State in an amount that bears the same ratio to the amount of remaining
funds as the population of the State bears to the population of all of the
States that results from a distribution among the States on the basis of each
State's population in relation to the population of all States (not including
populations of Indian tribes).

  "(c) QUALIFICATION.-Upon satisfying the terms of subsection (d), any State
shall be qualified for funds provided under this part upon certification
that-

  "(1) the funds shall be used for any of the purposes described in section
2001(b);

  "(2) grantees and subgrantees shall develop a plan for implementation and
shall consult and coordinate with nonprofit, nongovernmental victim services
programs, including sexual assault and domestic violence victim services
programs;

  "(3) at least 25 percent of the amount granted shall be allocated, without
duplication, to each of the following 3 areas: prosecution, law enforcement,
and victim services; and

  "(4) any Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be available
for activities funded under this subtitle.

  "(d) APPLICATION REQUIREMENTS.-The application requirements provided in
section 513 shall apply to grants made under this part. In addition, each
application shall include the certifications of qualification required by
subsection (c), including documentation from nonprofit, nongovernmental
victim services programs, describing their participation in developing the
plan required by subsection (c)(2). An application shall include-

  "(1) documentation from the prosecution, law enforcement, and victim
services programs to be assisted, demonstrating-

  "(A) need for the grant funds;

  "(B) intended use of the grant funds;

  "(C) expected results from the use of grant funds; and

  "(D) demographic characteristics of the populations to be served,
including age, marital status, disability, race, ethnicity and language
background;

  "(2) proof of compliance with the requirements for the payment of forensic
medical exams provided in section 2005; and

  "(3) proof of compliance with the requirements for paying filing and
service fees for domestic violence cases provided in section 2006.

  "(e) DISBURSEMENT.-

  "(1) IN GENERAL.-Not later than 60 days after the receipt of an
application under this part, the Attorney General shall-

  "(A) disburse the appropriate sums provided for under this part; or

  "(B) inform the applicant why the application does not conform to the
terms of section 513 or to the requirements of this section.

  "(2) REGULATIONS.-In disbursing monies under this part, the Attorney
General shall issue regulations to ensure that States will-

  "(A) give priority to areas of varying geographic size with the greatest
showing of need based on the availability of existing domestic violence and
sexual assault programs in the population and geographic area to be served in
relation to the availability of such programs in other such populations and
geographic areas;

  "(B) determine the amount of subgrants based on the population and
geographic area to be served;

  "(C) equitably distribute monies on a geographic basis including nonurban
and rural areas of various geographic sizes; and

  "(D) recognize and address the needs of underserved populations.

  "(f) FEDERAL SHARE.-The Federal share of a grant made under this subtitle
may not exceed 75 percent of the total costs of the projects described in the
application submitted.

  "(g) INDIAN TRIBES.-Funds appropriated by the Congress for the activities
of any agency of an Indian tribal government or of the Bureau of Indian
Affairs performing law enforcement functions on any Indian lands may be used
to provide the non-Federal share of the cost of programs or projects funded
under this part.

  "(h) GRANTEE REPORTING.-

  "(1) IN GENERAL.-Upon completion of the grant period under this part, a
State or Indian tribal grantee shall file a performance report with the
Attorney General explaining the activities carried out, which report shall
include an assessment of the effectiveness of those activities in achieving
the purposes of this part.

  "(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.-A section of the
performance report shall be completed by each grantee and subgrantee that
performed the direct services contemplated in the application, certifying
performance of direct services under the grant.

  "(3) SUSPENSION OF FUNDING.-The Attorney General shall suspend funding for
an approved application if-

  "(A) an applicant fails to submit an annual performance report;

  "(B) funds are expended for purposes other than those described in this
part; or

  "(C) a report under paragraph (1) or accompanying assessments demonstrate
to the Attorney General that the program is ineffective or financially
unsound.
                                                                   [pH8804]

  "SEC. 2003. DEFINITIONS.

  "In this part-

  "(1) the term `domestic violence' includes felony or misdemeanor crimes of
violence committed by a current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by any other
adult person against a victim who is protected from that person's acts under
the domestic or family violence laws of the jurisdiction receiving grant
monies;

  "(2) the term `Indian country' has the meaning stated in section 1151 of
title 18, United States Code;

  "(3) the term `Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including any Alaska Native village
or regional or village corporation (as defined in, or established pursuant
to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians;

  "(4) the term `law enforcement' means a public agency charged with
policing functions, including any of its component bureaus (such as
governmental victim services programs);

  "(5) the term `prosecution' means any public agency charged with direct
responsibility for prosecuting criminal offenders, including such agency's
component bureaus (such as governmental victim services programs);

  "(6) the term `sexual assault' means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the conduct occurs in
the special maritime and territorial jurisdiction of the United States or in
a Federal prison and includes both assaults committed by offenders who are
strangers to the victim and assaults committed by offenders who are known or
related by blood or marriage to the victim;

  "(7) the term `underserved populations' includes populations underserved
because of geographic location (such as rural isolation), underserved racial
or ethnic populations, and populations underserved because of special needs,
such as language barriers or physical disabilities; and

  "(8) the term `victim services' means a nonprofit, nongovernmental
organization that assists domestic violence or sexual assault victims,
including rape crisis centers, battered women's shelters, and other sexual
assault or domestic violence programs, including nonprofit, nongovernmental
organizations assisting domestic violence or sexual assault victims through
the legal process.
  "SEC. 2004. GENERAL TERMS AND CONDITIONS.

  "(a) NONMONETARY ASSISTANCE.-In addition to the assistance provided under
this part, the Attorney General may request any Federal agency to use its
authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of State, tribal, and local assistance efforts.

  "(b) REPORTING.-Not later than 180 days after the end of each fiscal year
for which grants are made under this part, the Attorney General shall submit
to the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that includes, for each
State and for each grantee Indian tribe-

  "(1) the number of grants made and funds distributed under this part;

  "(2) a summary of the purposes for which those grants were provided and an
evaluation of their progress;

  "(3) a statistical summary of persons served, detailing the nature of
victimization, and providing data on age, sex, relationship of victim to
offender, geographic distribution, race, ethnicity, language, and disability;
and

  "(4) an evaluation of the effectiveness of programs funded under this
part.

  "(c) REGULATIONS OR GUIDELINES.-Not later than 120 days after the date of
enactment of this part, the Attorney General shall publish proposed
regulations or guidelines implementing this part. Not later than 180 days
after the date of enactment, the Attorney General shall publish final
regulations or guidelines implementing this part.
  "SEC. 2005. RAPE EXAM PAYMENTS.

  "(a) RESTRICTION OF FUNDS.-

  "(1) IN GENERAL.-A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the State,
Indian tribal government, unit of local government, or another governmental
entity incurs the full out-of-pocket cost of forensic medical exams described
in subsection (b) for victims of sexual assault.

  "(2) REDISTRIBUTION.-Funds withheld from a State or unit of local
government under paragraph (1) shall be distributed to other States or units
of local government pro rata. Funds withheld from an Indian tribal government
under paragraph (1) shall be distributed to other Indian tribal governments
pro rata.

  "(b) MEDICAL COSTS.-A State, Indian tribal government, or unit of local
government shall be deemed to incur the full out-of-pocket cost of forensic
medical exams for victims of sexual assault if any government entity-

  "(1) provides such exams to victims free of charge to the victim;

  "(2) arranges for victims to obtain such exams free of charge to the
victims; or

  "(3) reimburses victims for the cost of such exams if-

  "(A) the reimbursement covers the full cost of such exams, without any
deductible requirement or limit on the amount of a reimbursement;

  "(B) the reimbursing governmental entity permits victims to apply for
reimbursement for not less than one year from the date of the exam;

  "(C) the reimbursing governmental entity provides reimbursement not later
than 90 days after written notification of the victim's expense; and

  "(D) the State, Indian tribal government, unit of local government, or
reimbursing governmental entity provides information at the time of the exam
to all victims, including victims with limited or no English proficiency,
regarding how to obtain reimbursement.
                                                                   [pH8805]

  "SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.

  "(a) IN GENERAL.-A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the State,
Indian tribal government, or unit of local government-

  "(1) certifies that its laws, policies, and practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs associated with the filing
of criminal charges against the domestic violence offender, or the costs
associated with the issuance or service of a warrant, protection order, or
witness subpoena; or

  "(2) gives the Attorney General assurances that its laws, policies and
practices will be in compliance with the requirements of paragraph (1) within
the later of-

  "(A) the period ending on the date on which the next session of the State
legislature ends; or

  "(B) 2 years.

  "(b) REDISTRIBUTION.-Funds withheld from a State, unit of local
government, or Indian tribal government under subsection (a) shall be
distributed to other States, units of local government, and Indian tribal
government, respectively, pro rata.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 32101(b), is amended by striking the matter relating to
part T and inserting the following:




            "PART T-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

"Sec.2001.Purpose of the program and grants.
"Sec.2002.State grants.
"Sec.2003.General definitions.
"Sec.2004.General terms and conditions.
"Sec.2005.Rape exam payments.
"Sec.2006.Filing costs for criminal charges.

                  "PART U-TRANSITION-EFFECTIVE DATE-REPEALER

"Sec.2101.Continuation of rules, authorities, and proceedings.".


  (c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 32101(d), is amended-

  (1) in paragraph (3) by striking "and S" and inserting "S, and T"; and

  (2) by adding at the end the following new paragraph:

  "(18) There are authorized to be appropriated to carry out part T-

  "(A) $26,000,000 for fiscal year 1995;

  "(B) $130,000,000 for fiscal year 1996;

  "(C) $145,000,000 for fiscal year 1997;

  "(D) $160,000,000 for fiscal year 1998;

  "(E) $165,000,000 for fiscal year 1999; and

  "(F) $174,000,000 for fiscal year 2000.".

           CHAPTER 3-SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
                                    PARKS

  SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.

  (a) GENERAL PURPOSE.-There is authorized to be appropriated not to
exceed $10,000,000, for the Secretary of Transportation (referred to in this
section as the "Secretary") to make capital grants for the prevention of
crime and to increase security in existing and future public transportation
systems. None of the provisions of this Act may be construed to prohibit the
financing of projects under this section where law enforcement
responsibilities are vested in a local public body other than the grant
applicant.

  (b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES.-

  (1) From the sums authorized for expenditure under this section for crime
prevention, the Secretary is authorized to make grants and loans to States
and local public bodies or agencies for the purpose of increasing the safety
of public transportation by-

  (A) increasing lighting within or adjacent to public transportation
systems, including bus stops, subway stations, parking lots, or garages;

  (B) increasing camera surveillance of areas within and adjacent to public
transportation systems, including bus stops, subway stations, parking lots,
or garages;

  (C) providing emergency phone lines to contact law enforcement or security
personnel in areas within or adjacent to public transportation systems,
including bus stops, subway stations, parking lots, or garages; or

  (D) any other project intended to increase the security and safety of
existing or planned public transportation systems.

  (2) From the sums authorized under this section, at least 75 percent shall
be expended on projects of the type described in subsection (b)(1) (A)
and (B).

  (c) REPORTING.-All grants under this section are contingent upon the
filing of a report with the Secretary and the Department of Justice, Office
of Victims of Crime, showing crime rates in or adjacent to public
transportation before, and for a 1-year period after, the capital
improvement. Statistics shall be compiled on the basis of the type of crime,
sex, race, ethnicity, language, and relationship of victim to the offender.

  (d) INCREASED FEDERAL SHARE.-Notwithstanding any other provision of law,
the Federal share under this section for each capital improvement project
that enhances the safety and security of public transportation systems and
that is not required by law (including any other provision of this Act) shall
be 90 percent of the net project cost of the project.

  (e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR
WOMEN.-From the sums authorized under this section, the Secretary shall
provide grants and loans for the purpose of studying ways to reduce violent
crimes against women in public transit through better design or operation of
public transit systems.

  (f) GENERAL REQUIREMENTS.-All grants or loans provided under this section
shall be subject to the same terms, conditions, requirements, and provisions
applicable to grants and loans as specified in section 5321 of title 49,
United States Code.
  SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL
PARKS.

  Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at the end
the following new section:
  "SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.

  "(a) AVAILABILITY OF FUNDS.-There are authorized to be appropriated out of
the Violent Crime Reduction Trust Fund, not to exceed $10,000,000 for the
Secretary of the Interior to take all necessary actions to seek to reduce the
incidence of violent crime in the National Park System.

  "(b) RECOMMENDATIONS FOR IMPROVEMENT.-The Secretary shall direct the chief
official responsible for law enforcement within the National Park Service to-

  "(1) compile a list of areas within the National Park System with the
highest rates of violent crime;

  "(2) make recommendations concerning capital improvements, and other
measures, needed within the National Park System to reduce the rates of
violent crime, including the rate of sexual assault; and

  "(3) publish the information required by paragraphs (1) and (2) in the
Federal Register.

  "(c) DISTRIBUTION OF FUNDS.-Based on the recommendations and list issued
pursuant to subsection (b), the Secretary shall distribute the funds
authorized by subsection (a) throughout the National Park System. Priority
shall be given to those areas with the highest rates of sexual assault.

  "(d) USE OF FUNDS.-Funds provided under this section may be used-

  "(1) to increase lighting within or adjacent to National Park System
units;

  "(2) to provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to National Park System units;

  "(3) to increase security or law enforcement personnel within or adjacent
to National Park System units; or

  "(4) for any other project intended to increase the security and safety of
National Park System units.".
  SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
PARKS.

  Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-8) is amended by adding at the end the following new subsection:

  "(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME.-

  "(1) AVAILABILITY OF FUNDS.-In addition to assistance for planning
projects, and in addition to the projects identified in subsection (e), and
from amounts appropriated out of the Violent Crime Reduction Trust Fund, the
Secretary may provide financial assistance to the States, not to
exceed $15,000,000, for projects or combinations thereof for the purpose of
making capital improvements and other measures to increase safety in urban
parks and recreation areas, including funds to-

  "(A) increase lighting within or adjacent to public parks and recreation
areas;

  "(B) provide emergency phone lines to contact law enforcement or security
personnel in areas within or adjacent to public parks and recreation areas;

  "(C) increase security personnel within or adjacent to public parks and
recreation areas; and

  "(D) fund any other project intended to increase the security and safety
of public parks and recreation areas.

  "(2) ELIGIBILITY.-In addition to the requirements for project approval
imposed by this section, eligibility for assistance under this subsection
shall be dependent upon a showing of need. In providing funds under this
subsection, the Secretary shall give priority to projects proposed for urban
parks and recreation areas with the highest rates of crime and, in
particular, to urban parks and recreation areas with the highest rates of
sexual assault.

  "(3) FEDERAL SHARE.-Notwithstanding subsection (c), the Secretary may
provide 70 percent improvement grants for projects undertaken by any State
for the purposes described in this subsection, and the remaining share of the
cost shall be borne by the State.".

                       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:
  "Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition

  "(a) EVIDENCE GENERALLY INADMISSIBLE.-The following evidence is not
admissible in any civil or criminal proceeding involving alleged sexual
misconduct except as provided in subdivisions (b) and (c):

  "(1) Evidence offered to prove that any alleged victim engaged in other
sexual behavior.

  "(2) Evidence offered to prove any alleged victim's sexual predisposition.

  "(b) EXCEPTIONS.-

  "(1) In a criminal case, the following evidence is admissible, if
otherwise admissible under these rules:

  "(A) evidence of specific instances of sexual behavior by the alleged
victim offered to prove that a person other than the accused was the source
of semen, injury or other physical evidence;

  "(B) evidence of specific instances of sexual behavior by the alleged
victim with respect to the person accused of the sexual misconduct offered by
the accused to prove consent or by the prosecution; and

  "(C) evidence the exclusion of which would violate the constitutional
rights of the defendant.

  "(2) In a civil case, evidence offered to prove the sexual behavior or
sexual predisposition of any alleged victim is admissible if it is otherwise
admissible under these rules and its probative value substantially outweighs
the danger of harm to any victim and of unfair prejudice to any party.
Evidence of an alleged victim's reputation is admissible only if it has been
placed in controversy by the alleged victim.

  "(c) PROCEDURE TO DETERMINE ADMISSIBILITY.-

  "(1) A party intending to offer evidence under subdivision (b) must-

  "(A) file a written motion at least 14 days before trial specifically
describing the evidence and stating the purpose for which it is offered
unless the court, for good cause requires a different time for filing or
permits filing during trial; and

  "(B) serve the motion on all parties and notify the alleged victim or,
when appropriate, the alleged victim's guardian or representative.

  "(2) Before admitting evidence under this rule the court must conduct a
hearing in camera and afford the victim and parties a right to attend and be
heard. The motion, related papers, and the record of the hearing must be
sealed and remain under seal unless the court orders otherwise.".

  (c) TECHNICAL AMENDMENT.-The table of contents for the Federal Rules of
Evidence is amended by amending the item relating to rule 412 to read as
follows:



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

                                                                   [pH8806]


              CHAPTER 5-ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

  SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN.

  Part A of title XIX of the Public Health and Human Services Act (42 U.S.C.
300w et seq.) is amended by adding at the end the following new section:
  "SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

  "(a) PERMITTED USE.-Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for rape
prevention and education programs conducted by rape crisis centers or similar
nongovernmental nonprofit entities for-

  "(1) educational seminars;

  "(2) the operation of hotlines;

  "(3) training programs for professionals;

  "(4) the preparation of informational materials; and

  "(5) other efforts to increase awareness of the facts about, or to help
prevent, sexual assault, including efforts to increase awareness in
underserved racial, ethnic, and language minority communities.

  "(b) TARGETING OF EDUCATION PROGRAMS.-States providing grant monies must
ensure that at least 25 percent of the monies are devoted to education
programs targeted for middle school, junior high school, and high school
students.

  "(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  "(1) $35,000,000 for fiscal year 1996;

  "(2) $35,000,000 for fiscal year 1997;

  "(3) $45,000,000 for fiscal year 1998;

  "(4) $45,000,000 for fiscal year 1999; and

  "(5) $45,000,000 for fiscal year 2000.

  "(d) LIMITATION.-Funds authorized under this section may only be used for
providing rape prevention and education programs.

  "(e) DEFINITION.-For purposes of this section, the term `rape prevention
and education' includes education and prevention efforts directed at offenses
committed by offenders who are not known to the victim as well as offenders
who are known to the victim.

  "(f) TERMS.-The Secretary shall make allotments to each State on the basis
of the population of the State, and subject to the conditions provided in
this section and sections 1904 through 1909.".
  SEC. 40152. TRAINING PROGRAMS.

  (a) IN GENERAL.-The Attorney General, after consultation with victim
advocates and individuals who have expertise in treating sex offenders, shall
establish criteria and develop training programs to assist probation and
parole officers and other personnel who work with released sex offenders in
the areas of-

  (1) case management;

  (2) supervision; and

  (3) relapse prevention.

  (b) TRAINING PROGRAMS.-The Attorney General shall ensure, to the extent
practicable, that training programs developed under subsection (a) are
available in geographically diverse locations throughout the country.

  (c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (1) $1,000,000 for fiscal year 1996; and

  (2) $1,000,000 for fiscal year 1997.
  SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR
DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.

  (a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION.-The Attorney General
shall-

  (1) study and evaluate the manner in which the States have taken measures
to protect the confidentiality of communications between sexual assault or
domestic violence victims and their therapists or trained counselors;

  (2) develop model legislation that will provide the maximum protection
possible for the confidentiality of such communications, within any
applicable constitutional limits, taking into account the following factors:

  (A) the danger that counseling programs for victims of sexual assault and
domestic violence will be unable to achieve their goal of helping victims
recover from the trauma associated with these crimes if there is no assurance
that the records of the counseling sessions will be kept confidential;

  (B) consideration of the appropriateness of an absolute privilege for
communications between victims of sexual assault or domestic violence and
their therapists or trained counselors, in light of the likelihood that such
an absolute privilege will provide the maximum guarantee of confidentiality
but also in light of the possibility that such an absolute privilege may be
held to violate the rights of criminal defendants under the Federal or State
constitutions by denying them the opportunity to obtain exculpatory evidence
and present it at trial; and

  (C) consideration of what limitations on the disclosure of confidential
communications between victims of these crimes and their counselors, short of
an absolute privilege, are most likely to ensure that the counseling programs
will not be undermined, and specifically whether no such disclosure should be
allowed unless, at a minimum, there has been a particularized showing by a
criminal defendant of a compelling need for records of such communications,
and adequate procedural safeguards are in place to prevent unnecessary or
damaging disclosures; and

  (3) prepare and disseminate to State authorities the findings made and
model legislation developed as a result of the study and evaluation.

  (b) REPORT AND RECOMMENDATIONS.-Not later than the date that is 1 year
after the date of enactment of this Act, the Attorney General shall report to
the Congress-

  (1) the findings of the study and the model legislation required by this
section; and

  (2) recommendations based on the findings on the need for and
appropriateness of further action by the Federal Government.

  (c) REVIEW OF FEDERAL EVIDENTIARY RULES.-The Judicial Conference of the
United States shall evaluate and report to Congress its views on whether the
Federal Rules of Evidence should be amended, and if so, how they should be
amended, to guarantee that the confidentiality of communications between
sexual assault victims and their therapists or trained counselors will be
adequately protected in Federal court proceedings.
  SEC. 40154. INFORMATION PROGRAMS.

  The Attorney General shall compile information regarding sex offender
treatment programs and ensure that information regarding community treatment
programs in the community into which a convicted sex offender is released is
made available to each person serving a sentence of imprisonment in a Federal
penal or correctional institution for a commission of an offense under
chapter 109A of title 18, United States Code, or for the commission of a
similar offense, including halfway houses and psychiatric institutions.
  SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.

  Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is
amended-

  (1) by redesignating sections 316 and 317 as sections 317 and 318,
respectively; and

  (2) by inserting after section 315 the following new section:

           "GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION


  "SEC. 316. (a) IN GENERAL.-The Secretary shall make grants under this
section to private, nonprofit agencies for street-based outreach and
education, including treatment, counseling, provision of information, and
referral for runaway, homeless, and street youth who have been subjected to
or are at risk of being subjected to sexual abuse.

  "(b) PRIORITY.-In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that have
experience in providing services to runaway, homeless, and street youth.

  "(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  "(1) $7,000,000 for fiscal year 1996;

  "(2) $8,000,000 for fiscal year 1997; and

  "(3) $15,000,000 for fiscal year 1998.

  "(d) DEFINITIONS.-For the purposes of this section-

  "(1) the term `street-based outreach and education' includes education and
prevention efforts directed at offenses committed by offenders who are not
known to the victim as well as offenders who are known to the victim; and

  "(2) the term `street youth' means a juvenile who spends a significant
amount of time on the street or in other areas of exposure to encounters that
may lead to sexual abuse.".
  SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.

  (a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.-

  (1) REAUTHORIZATION.-Section 218(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13014(a)) is amended to read as follows:

  "(a) AUTHORIZATION.-There are authorized to be appropriated to carry out
this subtitle-

  "(1) $6,000,000 for fiscal year 1996;

  "(2) $6,000,000 for fiscal year 1997;

  "(3) $7,000,000 for fiscal year 1998;

  "(4) $9,000,000 for fiscal year 1999; and

  "(5) $10,000,000 for fiscal year 2000.".

  (2) TECHNICAL AMENDMENT.-Section 216 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13012) is amended by striking "this chapter" and
inserting "this subtitle".

  (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS.-

  (1) REAUTHORIZATION.-Section 224(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13024(a)) is amended to read as follows:

  "(a) AUTHORIZATION.-There are authorized to be appropriated to carry out
this subtitle-

  "(1) $750,000 for fiscal year 1996;

  "(2) $1,000,000 for fiscal year 1997;

  "(3) $2,000,000 for fiscal year 1998;

  "(4) $2,000,000 for fiscal year 1999; and

  "(5) $2,300,000 for fiscal year 2000.".

  (2) TECHNICAL AMENDMENT.-Section 221(b) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13021(b)) is amended by striking "this chapter" and
inserting "this subtitle".

  (c) GRANTS FOR TELEVISED TESTIMONY.-Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended-

  (1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as
follows:

  "(7) There are authorized to be appropriated to carry out part N-

  "(A) $250,000 for fiscal year 1996;

  "(B) $1,000,000 for fiscal year 1997;

  "(C) $1,000,000 for fiscal year 1998;

  "(D) $1,000,000 for fiscal year 1999; and

  "(E) $1,000,000 for fiscal year 2000.";

  (2) in section 1402 (42 U.S.C. 3796aa-1) by striking "to States, for the
use of States and units of local government in the States";

  (3) in section 1403 (42 U.S.C. 3796aa-2)-

  (A) by inserting "or unit of local government" after "of a State";

  (B) by inserting "and" after paragraph (1);

  (C) in paragraph (2) by striking the semicolon at the end and inserting a
period; and

  (D) by striking paragraphs (3) and (4);

  (4) in section 1404 (42 U.S.C. 3796aa-3)-

  (A) in subsection (a)-

(i) by striking "The Bureau" and all that follows through "determining that"
and inserting "An applicant is eligible to receive a grant under this part
if-";

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

(iii) in paragraph (2) by striking "such State law shall meet" and
inserting "the applicant certifies and the Director determines that State law
meets";

(iv) by inserting "and" after subparagraph (E);

(v) in paragraph (3)-

(I) by inserting "the Director determines that" before "the application";
and

(II) by striking "; and" and inserting a period;

(vi) by striking paragraph (4);

(vii) by striking "Each application" and inserting the following:

  "(b) Each application"; and

(viii) by striking "the Bureau" each place it appears and inserting "the
Director"; and

  (B) by redesignating subsection (b) as subsection (c) and by striking "The
Bureau" and inserting "The Director";

  (5) by striking section 1405 (42 U.S.C. 3796aa-4);

  (6) in section 1406 (42 U.S.C. 3796aa-5)-

  (A) in subsection (a)-

(i) by striking "State which" and inserting "State or unit of local
government that";

(ii) by striking "title" and inserting "part"; and

(iii) in paragraph (1) by striking "State"; and

  (B) in subsection (b)(1) by striking "such State" and inserting "the State
and units of local government in the State";

  (7) in section 1407 (42 U.S.C. 3796aa-6)-

  (A) in subsection (c)-

(i) by striking "Each State" and all that follows through "effective audit"
and inserting "Grant recipients (or private organizations with which grant
recipients have contracted to provide equipment or training using grant
funds) shall keep such records as the Director may require by rule to
facilitate such an audit."; and

(ii) in paragraph (2) by striking "States which receive grants, and of units
of local government which receive any part of a grant made under this part"
and inserting "grant recipients (or private organizations with which grant
recipients have contracted to provide equipment or training using grant
funds)"; and

  (B) by adding at the end the following new subsection:

  "(d) UTILIZATION OF PRIVATE SECTOR.-Nothing in this part shall prohibit
the utilization of any grant funds to contract with a private organization to
provide equipment or training for the televising of testimony as contemplated
by the application submitted by an applicant.";

  (8) by striking section 1408 (42 U.S.C. 3796aa-7); and

  (9) in the table of contents-

  (A) in the item relating to section 1405 by striking "Allocation and
distribution of funds under formula grants" and inserting "(Repealed)"; and

  (B) in the item relating to section 1408 by striking "State office" and
inserting "(Repealed)".
                                                                   [pH8807]


                       Subtitle B-Safe Homes for Women

  SEC. 40201. SHORT TITLE.

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

                 CHAPTER 1-NATIONAL DOMESTIC VIOLENCE HOTLINE

  SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.

  The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.)
is amended by adding at the end the following new section:
  "SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

  "(a) IN GENERAL.-The Secretary may award a grant to a private, nonprofit
entity to provide for the operation of a national, toll-free telephone
hotline to provide information and assistance to victims of domestic
violence.

  "(b) DURATION.-A grant under this section may extend over a period of not
more than 5 years.

  "(c) ANNUAL APPROVAL.-The provision of payments under a grant under this
section shall be subject to annual approval by the Secretary and subject to
the availability of appropriations for each fiscal year to make the payments.

  "(d) ACTIVITIES.-Funds received by an entity under this section shall be
used to establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic violence. In
establishing and operating the hotline, a private, nonprofit entity shall-

  "(1) contract with a carrier for the use of a toll-free telephone line;

  "(2) employ, train, and supervise personnel to answer incoming calls and
provide counseling and referral services to callers on a 24-hour-a-day basis;


  "(3) assemble and maintain a current database of information relating to
services for victims of domestic violence to which callers may be referred
throughout the United States, including information on the availability of
shelters that serve battered women; and

  "(4) publicize the hotline to potential users throughout the United
States.

  "(e) APPLICATION.-A grant may not be made under this section unless an
application for such grant has been approved by the Secretary. To be approved
by the Secretary under this subsection an application shall-

  "(1) contain such agreements, assurances, and information, be in such form
and be submitted in such manner as the Secretary shall prescribe through
notice in the Federal Register;

  "(2) include a complete description of the applicant's plan for the
operation of a national domestic violence hotline, including descriptions of-

  "(A) the training program for hotline personnel;

  "(B) the hiring criteria for hotline personnel;

  "(C) the methods for the creation, maintenance and updating of a resource
database;

  "(D) a plan for publicizing the availability of the hotline;

  "(E) a plan for providing service to non-English speaking callers,
including hotline personnel who speak Spanish; and

  "(F) a plan for facilitating access to the hotline by persons with hearing
impairments;

  "(3) demonstrate that the applicant has nationally recognized expertise in
the area of domestic violence and a record of high quality service to victims
of domestic violence, including a demonstration of support from advocacy
groups, such as domestic violence State coalitions or recognized national
domestic violence groups;

  "(4) demonstrates that the applicant has a commitment to diversity, and to
the provision of services to ethnic, racial, and non-English speaking
minorities, in addition to older individuals and individuals with
disabilities; and

  "(5) contain such other information as the Secretary may require.

  "(f) AUTHORIZATION OF APPROPRIATIONS.-

  "(1) IN GENERAL.-There are authorized to be appropriated to carry out this
section-

  "(A) $1,000,000 for fiscal year 1995;

  "(B) $400,000 for fiscal year 1996;

  "(C) $400,000 for fiscal year 1997;

  "(D) $400,000 for fiscal year 1998;

  "(E) $400,000 for fiscal year 1999; and

  "(F) $400,000 for fiscal year 2000.

  "(2) AVAILABILITY.-Funds authorized to be appropriated under paragraph (1)
shall remain available until expended.".

                       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 protection orders.
"Sec.2266.Definitions.

  "2261. Interstate domestic violence

  "(a) OFFENSES.-

  "(1) CROSSING A STATE LINE.-A person who travels across a State line or
enters or leaves Indian country with the intent to injure, harass, or
intimidate that person's spouse or intimate partner, and who, in the course
of or as a result of such travel, intentionally commits a crime of violence
and thereby causes bodily injury to such spouse or intimate partner, shall be
punished as provided in subsection (b).

  "(2) CAUSING THE CROSSING OF A STATE LINE.-A person who causes a spouse or
intimate partner to cross a State line or to enter or leave Indian country by
force, coercion, duress, or fraud and, in the course or as a result of that
conduct, intentionally commits a crime of violence and thereby causes bodily
injury to the person's spouse or intimate partner, shall be punished as
provided in subsection (b).

  "(b) PENALTIES.-A person who violates this section shall be fined under
this title, imprisoned-

  "(1) for life or any term of years, if death of the offender's spouse or
intimate partner results;

  "(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;

  "(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense;

  "(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard to
whether the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and

  "(5) for not more than 5 years, in any other case,

  or both fined and imprisoned.
                                                                   [pH8808]

  "2262. Interstate violation of protection order

  "(a) OFFENSES.-

  "(1) CROSSING A STATE LINE.-A person who travels across a State line or
enters or leaves Indian country with the intent to engage in conduct that-

  "(A)(i) violates the portion of a protection order that involves
protection against credible threats of violence, repeated harassment, or
bodily injury to the person or persons for whom the protection order was
issued; or

  "(ii) would violate subparagraph (A) if the conduct occurred in the
jurisdiction in which the order was issued; and

  "(B) subsequently engages in such conduct,

  shall be punished as provided in subsection (b).

  "(2) CAUSING THE CROSSING OF A STATE LINE.-A person who causes a spouse or
intimate partner to cross a State line or to enter or leave Indian country by
force, coercion, duress, or fraud, and, in the course or as a result of that
conduct, intentionally commits an act that injures the person's spouse or
intimate partner in violation of a valid protection order issued by a State
shall be punished as provided in subsection (b).

  "(b) PENALTIES.-A person who violates this section shall be fined under
this title, imprisoned-

  "(1) for life or any term of years, if death of the offender's spouse or
intimate partner results;

  "(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;

  "(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense;

  "(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard to
whether the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and

  "(5) for not more than 5 years, in any other case,

  or both fined and imprisoned.
  "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 victim's losses as determined by the court,
pursuant to paragraph (3); and

  "(B) the United States Attorney enforce the restitution order by all
available and reasonable means.

  "(2) ENFORCEMENT BY VICTIM.-An order of restitution also may be enforced
by a victim named in the order to receive the restitution in the same manner
as a judgment in a civil action.

  "(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' includes any costs incurred by the victim for-

  "(A) medical services relating to physical, psychiatric, or psychological
care;

  "(B) physical and occupational therapy or rehabilitation;

  "(C) necessary transportation, temporary housing, and child care expenses;

  "(D) lost income;

  "(E) attorneys' fees, plus any costs incurred in obtaining a civil
protection order; and

  "(F) any other losses suffered by the victim as a proximate result of the
offense.

  "(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.

  "(B) A court may not decline to issue an order under this section because
of-

  "(i) the economic circumstances of the defendant; or

  "(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.

  "(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.

  "(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-

  "(I) the financial resources and other assets of the defendant;

  "(II) projected earnings, earning capacity, and other income of the
defendant; and

  "(III) any financial obligations of the defendant, including obligations
to dependents.

  "(D) Subparagraph (A) does not apply if-

  "(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and

  "(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.

  "(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.

  "(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.

  "(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.

  "(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-

  "(A) any Federal civil proceeding; and

  "(B) any State civil proceeding, to the extent provided by the law of the
State.

  "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.

  "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke probation or a
term of supervised release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.

  "(c) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days before sentencing, the United States Attorney (or such
Attorney's delegate), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject to restitution
under this section. The affidavit shall be signed by the United States
Attorney (or the delegate) and the victim. Should the victim object to any of
the information included in the affidavit, the United States Attorney (or the
delegate) shall advise the victim that the victim may file a separate
affidavit and assist the victim in the preparation of the affidavit.

  "(d) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to subsection (a) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegate) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.

  "(e) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section, shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.

  "(f) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable 10 days before sentencing as provided in subsection (c), the
United States Attorney (or the United States Attorney's delegate) shall so
inform the court, and the court shall set a date for the final determination
of the victim's losses, not to exceed 90 days after sentencing. If the victim
subsequently discovers further losses, the victim shall have 90 days after
discovery of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing of good
cause for the failure to include such losses in the initial claim for
restitutionary relief.

  "(g) RESTITUTION IN ADDITION TO PUNISHMENT.-An award of restitution to the
victim of an offense under this chapter is not a substitute for imposition of
punishment under this chapter.
  "2265. Full faith and credit given to protection orders

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

  "(b) PROTECTION ORDER.-A protection order issued by a State or tribal
court is consistent with this subsection if-

  "(1) such court has jurisdiction over the parties and matter under the law
of such State or Indian tribe; and

  "(2) reasonable notice and opportunity to be heard is given to the person
against whom the order is sought sufficient to protect that person's right to
due process. In the case of ex parte orders, notice and opportunity to be
heard must be provided within the time required by State or tribal law, and
in any event within a reasonable time after the order is issued, sufficient
to protect the respondent's due process rights.

  "(c) CROSS OR COUNTER PETITION.-A protection order issued by a State or
tribal court against one who has petitioned, filed a complaint, or otherwise
filed a written pleading for protection against abuse by a spouse or intimate
partner is not entitled to full faith and credit if-

  "(1) no cross or counter petition, complaint, or other written pleading
was filed seeking such a protection order; or

  "(2) a cross or counter petition has been filed and the court did not make
specific findings that each party was entitled to such an order.
                                                                   [pH8809]

  "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:


"110A. Domestic violence
2261.".


             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. GRANTS.

  "(a) PURPOSE.-The purpose of this part is to encourage States, Indian
tribal governments, and units of local government to treat domestic violence
as a serious violation of criminal law.

  "(b) GRANT AUTHORITY.-The Attorney General may make grants to eligible
States, Indian tribal governments, or units of local government for the
following purposes:

  "(1) To implement mandatory arrest or proarrest programs and policies in
police departments, including mandatory arrest programs and policies for
protection order violations.

  "(2) To develop policies and training in police departments to improve
tracking of cases involving domestic violence.

  "(3) To centralize and coordinate police enforcement, prosecution, or
judicial responsibility for domestic violence cases in groups or units of
police officers, prosecutors, or judges.

  "(4) To coordinate computer tracking systems to ensure communication
between police, prosecutors, and both criminal and family courts.

  "(5) To strengthen legal advocacy service programs for victims of domestic
violence.

  "(6) To educate judges in criminal and other courts about domestic
violence and to improve judicial handling of such cases.

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

  "(1) certify that their laws or official policies-

  "(A) encourage or mandate arrests of domestic violence offenders based on
probable cause that an offense has been committed; and

  "(B) encourage or mandate arrest of domestic violence offenders who
violate the terms of a valid and outstanding protection order;

  "(2) demonstrate that their laws, policies, or practices and their
training programs discourage dual arrests of offender and victim;

  "(3) certify that their laws, policies, or practices prohibit issuance of
mutual restraining orders of protection except in cases where both spouses
file a claim and the court makes detailed findings of fact indicating that
both spouses acted primarily as aggressors and that neither spouse acted
primarily in self-defense; and

  "(4) certify that their laws, policies, or practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs associated with the filing
of criminal charges or the service of such charges on an abuser, or that the
abused bear the costs associated with the issuance or service of a warrant,
protection order, or witness subpoena.
  "SEC. 2102. APPLICATIONS.

  "(a) APPLICATION.-An eligible grantee shall submit an application to the
Attorney General that-

  "(1) contains a certification by the chief executive officer of the State,
Indian tribal government, or local government entity that the conditions of
section 2101(c) are met or will be met within the later of-

  "(A) the period ending on the date on which the next session of the State
or Indian tribal legislature ends; or

  "(B) 2 years of the date of enactment of this part;

  "(2) describes plans to further the purposes stated in section 2101(a);

  "(3) identifies the agency or office or groups of agencies or offices
responsible for carrying out the program; and

  "(4) includes documentation from nonprofit, private sexual assault and
domestic violence programs demonstrating their participation in developing
the application, and identifying such programs in which such groups will be
consulted for development and implementation.

  "(b) PRIORITY.-In awarding grants under this part, the Attorney General
shall give priority to applicants that-

  "(1) do not currently provide for centralized handling of cases involving
domestic violence by police, prosecutors, and courts; and

  "(2) demonstrate a commitment to strong enforcement of laws, and
prosecution of cases, involving domestic violence.
  "SEC. 2103. REPORTS.

  "Each grantee receiving funds under this part shall submit a report to the
Attorney General evaluating the effectiveness of projects developed with
funds provided under this part and containing such additional information as
the Attorney General may prescribe.
  "SEC. 2104. REGULATIONS OR GUIDELINES.

  "Not later than 120 days after the date of enactment of this part, the
Attorney General shall publish proposed regulations or guidelines
implementing this part. Not later than 180 days after the date of enactment
of this part, the Attorney General shall publish final regulations or
guidelines implementing this part.
  "SEC. 2105. DEFINITIONS.

  "For purposes of this part-

  "(1) the term `domestic violence' includes felony or misdemeanor crimes of
violence committed by a current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by any other
adult person against a victim who is protected from that person's acts under
the domestic or family violence laws of the eligible State, Indian tribal
government, or unit of local government that receives a grant under this
part; and

  "(2) the term `protection order' includes any injunction issued for the
purpose of preventing violent or threatening acts of domestic violence,
including temporary and final orders issued by civil or criminal
courts (other than support or child custody orders or provisions) whether
obtained by filing an independent action or as a pendente lite order in
another proceeding.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 40121(b), is amended by striking the matter relating to
part U and inserting the following:




                 "PART U-GRANTS TO ENCOURAGE ARREST POLICIES

"Sec.2101.Grants.
"Sec.2102.Applications.
"Sec.2103.Reports.
"Sec.2104.Regulations or guidelines.
"Sec.2105.Definitions.

                 "PART V-TRANSITION-EFFECTIVE DATE-REPEALER

"Sec.2201.Continuation of rules, authorities, and proceedings.".


  (c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40121(c), is amended-

  (1) in paragraph (3) by striking "and T" and inserting "T, and U"; and

  (2) by adding at the end the following new paragraph:

  "(19) There are authorized to be appropriated to carry out part U-

  "(A) $28,000,000 for fiscal year 1996;

  "(B) $33,000,000 for fiscal year 1997; and

  "(C) $59,000,000 for fiscal year 1998.

  (d) ADMINISTRATIVE PROVISIONS.-

  (1) REGULATIONS.-Section 801(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended by striking "and
O" and inserting "O, and U".

  (2) DENIAL OF APPLICATION.-Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended in the
first sentence by striking "or O" and inserting "O, or U".
                                                                   [pH8810]


                           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;

  "(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 partners.

  "(b) NATURE OF PROGRAM.-The Secretary shall select, implement and evaluate
separate model programs for 4 different audiences: primary schools, middle
schools, secondary schools, and institutions of higher education. The model
programs shall be selected, implemented, and evaluated in consultation with
educational experts, legal and psychological experts on battering, and victim
advocate organizations such as battered women's shelters, State coalitions
and resource centers.

  "(c) REVIEW AND DISSEMINATION.-Not later than 2 years after the date of
enactment of this section, the Secretary shall transmit the design and
evaluation of the model programs, along with a plan and cost estimate for
nationwide distribution, to the relevant committees of Congress for review.

  "(d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section

  $400,000 for fiscal year 1996.

              CHAPTER 6-COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

  SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.

  The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.),
as amended by section 40251, is amended by adding at the end the following
new section:
  "SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

  "(a) IN GENERAL.-The Secretary shall provide grants to nonprofit private
organizations to establish projects in local communities involving many
sectors of each community to coordinate intervention and prevention of
domestic violence.

  "(b) ELIGIBILITY.-To be eligible for a grant under this section, an
entity-

  "(1) shall be a nonprofit organization organized for the purpose of
coordinating community projects for the intervention in and prevention of
domestic violence; and

  "(2) shall include representatives of pertinent sectors of the local
community, which may include-

  "(A) health care providers;

  "(B) the education community;

  "(C) the religious community;

  "(D) the justice system;

  "(E) domestic violence program advocates;

  "(F) human service entities such as State child services divisions;

  "(G) business and civic leaders; and

  "(H) other pertinent sectors.

  "(c) APPLICATIONS.-An organization that desires to receive a grant under
this section shall submit to the Secretary an application, in such form and
in such manner as the Secretary shall prescribe through notice in the Federal
Register, that-

  "(1) demonstrates that the applicant will serve a community leadership
function, bringing together opinion leaders from each sector of the community
to develop a coordinated community consensus opposing domestic violence;

  "(2) demonstrates a community action component to improve and expand
current intervention and prevention strategies through increased
communication and coordination among all affected sectors;

  "(3) includes a complete description of the applicant's plan for the
establishment and operation of the community project, including a description
of-

  "(A) the method for identification and selection of an administrative
committee made up of persons knowledgeable in domestic violence to oversee
the project, hire staff, assure compliance with the project outline, and
secure annual evaluation of the project;

  "(B) the method for identification and selection of project staff and a
project evaluator;

  "(C) the method for identification and selection of a project council
consisting of representatives of the community sectors listed in
subsection (b)(2);

  "(D) the method for identification and selection of a steering committee
consisting of representatives of the various community sectors who will chair
subcommittees of the project council focusing on each of the sectors; and

  "(E) a plan for developing outreach and public education campaigns
regarding domestic violence; and

  "(4) contains such other information, agreements, and assurances as the
Secretary may require.

  "(d) TERM.-A grant provided under this section may extend over a period of
not more than 3 fiscal years.

  "(e) CONDITIONS ON PAYMENT.-Payments under a grant under this section
shall be subject to-

  "(1) annual approval by the Secretary; and

  "(2) availability of appropriations.

  "(f) GEOGRAPHICAL DISPERSION.-The Secretary shall award grants under this
section to organizations in communities geographically dispersed throughout
the country.

  "(g) USE OF GRANT MONIES.-

  "(1) IN GENERAL.-A grant made under subsection (a) shall be used to
establish and operate a community project to coordinate intervention and
prevention of domestic violence.

  "(2) REQUIREMENTS.-In establishing and operating a project, a nonprofit
private organization shall-

  "(A) establish protocols to improve and expand domestic violence
intervention and prevention strategies among all affected sectors;

  "(B) develop action plans to direct responses within each community sector
that are in conjunction with development in all other sectors; and

  "(C) provide for periodic evaluation of the project with a written report
and analysis to assist application of this concept in other communities.

  "(h) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  "(1) $4,000,000 for fiscal year 1996; and

  "(2) $6,000,000 for fiscal year 1997.

  "(i) REGULATIONS.-Not later than 60 days after the date of enactment of
this section, the Secretary shall publish proposed regulations implementing
this section. Not later than 120 days after the date of enactment, the
Secretary shall publish final regulations implementing this section.".

            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.-

  (1) GRANTS.-Section 308(a)(2) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(a)(2)) is amended by striking "six" and
inserting "seven".

  (2) FUNCTIONS.-Section 308(c) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(c)) is amended-

  (A) by striking the period at the end of paragraph (6) and inserting ",
including the issuance and enforcement of protection orders."; and

  (B) by adding at the end the following new paragraph:

  "(7) Providing technical assistance and training to State domestic
violence coalitions.".

  (c) STATE DOMESTIC VIOLENCE COALITIONS.-Section 311(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended-

  (1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5);

  (2) by inserting before paragraph (2), as redesignated by paragraph (1),
the following new paragraph:

  "(1) working with local domestic violence programs and providers of direct
services to encourage appropriate responses to domestic violence within the
State, including-

  "(A) training and technical assistance for local programs and
professionals working with victims of domestic violence;

  "(B) planning and conducting State needs assessments and planning for
comprehensive services;

  "(C) serving as an information clearinghouse and resource center for the
State; and

  "(D) collaborating with other governmental systems which affect battered
women;";

  (3) in paragraph (2)(K), as redesignated by paragraph (1), by
striking "and court officials and other professionals" and inserting ",
judges, court officers and other criminal justice professionals,";

  (4) in paragraph (3), as redesignated by paragraph (1)-

  (A) by inserting ", criminal court judges," after "family law judges,"
each place it appears;

  (B) in subparagraph (F), by inserting "custody" after "temporary"; and

  (C) in subparagraph (H), by striking "supervised visitations that do not
endanger victims and their children," and inserting "supervised visitations
or denial of visitation to protect against danger to victims or their
children"; and

  (5) in paragraph (4), as redesignated by paragraph (1), by inserting ",
including information aimed at underserved racial, ethnic or
language-minority populations" before the semicolon.
                                                                   [pH8811]


                 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.

  (b) REQUIREMENTS.-The regulations under subsection (a) shall require-

  (1) in the case of an individual, the presentation to an appropriate
postal official of a valid, outstanding protection order; and

  (2) in the case of a domestic violence shelter, the presentation to an
appropriate postal authority of proof from a State domestic violence
coalition that meets the requirements of section 311 of the Family Violence
Prevention and Services Act (42 U.S.C. 10410)) verifying that the
organization is a domestic violence shelter.

  (c) DISCLOSURE FOR CERTAIN PURPOSES.-The regulations under subsection (a)
shall not prohibit the disclosure of addresses to State or Federal agencies
for legitimate law enforcement or other governmental purposes.

  (d) EXISTING COMPILATIONS.-Compilations of addresses existing at the time
at which order is presented to an appropriate postal official shall be
excluded from the scope of the regulations under subsection (a).

                         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, it shall recommend a
nonprofit private entity that is qualified to conduct such a study. In that
case, the Attorney General shall carry out subsection (a) through the
nonprofit private entity recommended by the Academy. In either case, whether
the study is conducted by the National Academy of Sciences or by the
nonprofit group it recommends, the funds for the contract shall be made
available from sums appropriated for the conduct of research by the National
Institute of Justice.

  (c) REPORT.-The Attorney General shall ensure that no later than 1 year
after the date of enactment of this Act, the study required under
subsection (a) is completed and a report describing the findings made is
submitted to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives.
  SEC. 40292. STATE DATABASES.

  (a) IN GENERAL.-The Attorney General shall study and report to the States
and to Congress on how the States may collect centralized databases on the
incidence of sexual and domestic violence offenses within a State.

  (b) CONSULTATION.-In conducting its study, the Attorney General shall
consult persons expert in the collection of criminal justice data, State
statistical administrators, law enforcement personnel, and nonprofit
nongovernmental agencies that provide direct services to victims of domestic
violence. The final report shall set forth the views of the persons consulted
on the recommendations.

  (c) REPORT.-The Attorney General shall ensure that no later than 1 year
after the date of enactment of this Act, the study required under
subsection (a) is completed and a report describing the findings made is
submitted to the Committees on the Judiciary of the Senate and the House of
Representatives.

  (d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  $200,000 for fiscal year 1996.
  SEC. 40293. NUMBER AND COST OF INJURIES.

  (a) STUDY.-The Secretary of Health and Human Services, acting through the
Centers for Disease Control Injury Control Division, shall conduct a study to
obtain a national projection of the incidence of injuries resulting from
domestic violence, the cost of injuries to health care facilities, and
recommend health care strategies for reducing the incidence and cost of such
injuries.

  (b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  $100,000 for fiscal year 1996.

              CHAPTER 10-RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
                                 ENFORCEMENT

  SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.

  (a) GRANTS.-The Attorney General may make grants to States, Indian tribal
governments, and local governments of rural States, and to other public or
private entities of rural States-

  (1) to implement, expand, and establish cooperative efforts and projects
between law enforcement officers, prosecutors, victim advocacy groups, and
other related parties to investigate and prosecute incidents of domestic
violence and child abuse;

  (2) to provide treatment and counseling to victims of domestic violence
and child abuse; and

  (3) to work in cooperation with the community to develop education and
prevention strategies directed toward such issues.

  (b) DEFINITIONS.-In this section-

  "Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.

  "rural State" has the meaning stated in section 1501(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).

  (c) AUTHORIZATION OF APPROPRIATIONS.-

  (1) IN GENERAL.-There are authorized to be appropriated to carry out this
section-

  (A) $7,000,000 for fiscal year 1996;

  (B) $8,000,000 for fiscal year 1997; and

  (C) $15,000,000 for fiscal year 1998.

  (2) ADDITIONAL FUNDING.-In addition to funds received under a grant under
subsection (a), a law enforcement agency may use funds received under a grant
under section 103 to accomplish the objectives of this section.

                      Subtitle C-Civil Rights for Women

  SEC. 40301. SHORT TITLE.

  This subtitle may be cited as the "Civil Rights Remedies for
Gender-Motivated Violence Act".
  SEC. 40302. CIVIL RIGHTS.

  (a) PURPOSE.-Pursuant to the affirmative power of Congress to enact this
subtitle under section 5 of the Fourteenth Amendment to the Constitution, as
well as under section 8 of Article I of the Constitution, it is the purpose
of this subtitle to protect the civil rights of victims of gender motivated
violence and to promote public safety, health, and activities affecting
interstate commerce by establishing a Federal civil rights cause of action
for victims of crimes of violence motivated by gender.

  (b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE.-All persons within the
United States shall have the right to be free from crimes of violence
motivated by gender (as defined in subsection (d)).

  (c) CAUSE OF ACTION.-A person (including a person who acts under color of
any statute, ordinance, regulation, custom, or usage of any State) who
commits a crime of violence motivated by gender and thus deprives another of
the right declared in subsection (b) shall be liable to the party injured, in
an action for the recovery of compensatory and punitive damages, injunctive
and declaratory relief, and such other relief as a court may deem
appropriate.

  (d) DEFINITIONS.-For purposes of this section-

  (1) the term "crime of violence motivated by gender" means a crime of
violence committed because of gender or on the basis of gender, and due, at
least in part, to an animus based on the victim's gender; and

  (2) the term "crime of violence" means-

  (A) an act or series of acts that would constitute a felony against the
person or that would constitute a felony against property if the conduct
presents a serious risk of physical injury to another, and that would come
within the meaning of State or Federal offenses described in section 16 of
title 18, United States Code, whether or not those acts have actually
resulted in criminal charges, prosecution, or conviction and whether or not
those acts were committed in the special maritime, territorial, or prison
jurisdiction of the United States; and

  (B) includes an act or series of acts that would constitute a felony
described in subparagraph (A) but for the relationship between the person who
takes such action and the individual against whom such action is taken.

  (e) LIMITATION AND PROCEDURES.-

  (1) LIMITATION.-Nothing in this section entitles a person to a cause of
action under subsection (c) for random acts of violence unrelated to gender
or for acts that cannot be demonstrated, by a preponderance of the evidence,
to be motivated by gender (within the meaning of subsection (d)).

  (2) NO PRIOR CRIMINAL ACTION.-Nothing in this section requires a prior
criminal complaint, prosecution, or conviction to establish the elements of a
cause of action under subsection (c).

  (3) CONCURRENT JURISDICTION.-The Federal and State courts shall have
concurrent jurisdiction over actions brought pursuant to this subtitle.

  (4) SUPPLEMENTAL JURISDICTION.-Neither section 1367 of title 28, United
States Code, nor subsection (c) of this section shall be construed, by reason
of a claim arising under such subsection, to confer on the courts of the
United States jurisdiction over any State law claim seeking the establishment
of a divorce, alimony, equitable distribution of marital property, or child
custody decree.

  (5) LIMITATION ON REMOVAL.-Section 1445 of title 28, United States Code,
is amended by adding at the end the following new subsection:

  "(d) A civil action in any State court arising under section 40302 of the
Violence Against Women Act of 1994 may not be removed to any district court
of the United States.".
  SEC. 40303. ATTORNEY'S FEES.

  Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the
last sentence-

  (1) by striking "or" after "Public Law 92-318,"; and

  (2) by inserting ", or section 40302 of the Violence Against Women Act of
1994," after "1964".
                                                                   [pH8812]

  SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF
RAPE VICTIMS.

  It is the sense of the Senate that news media, law enforcement officers,
and other persons should exercise restraint and respect a rape victim's
privacy by not disclosing the victim's identity to the general public or
facilitating such disclosure without the consent of the victim.

             Subtitle D-Equal Justice for Women in the Courts Act

  SEC. 40401. SHORT TITLE.

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

            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 judges and court personnel in the laws of
the States and by Indian tribes in training tribal judges and court personnel
in the laws of the tribes on rape, sexual assault, domestic violence, and
other crimes of violence motivated by the victim's gender.
  SEC. 40412. TRAINING PROVIDED BY GRANTS.

  Training provided pursuant to grants made under this subtitle may include
current information, existing studies, or current data on-

  (1) the nature and incidence of rape and sexual assault by strangers and
nonstrangers, marital rape, and incest;

  (2) the underreporting of rape, sexual assault, and child sexual abuse;

  (3) the physical, psychological, and economic impact of rape and sexual
assault on the victim, the costs to society, and the implications for
sentencing;

  (4) the psychology of sex offenders, their high rate of recidivism, and
the implications for sentencing;

  (5) the historical evolution of laws and attitudes on rape and sexual
assault;

  (6) sex stereotyping of female and male victims of rape and sexual
assault, racial stereotyping of rape victims and defendants, and the impact
of such stereotypes on credibility of witnesses, sentencing, and other
aspects of the administration of justice;

  (7) application of rape shield laws and other limits on introduction of
evidence that may subject victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need for sua sponte judicial
intervention in inappropriate cross-examination;

  (8) the use of expert witness testimony on rape trauma syndrome, child
sexual abuse accommodation syndrome, post-traumatic stress syndrome, and
similar issues;

  (9) the legitimate reasons why victims of rape, sexual assault, and incest
may refuse to testify against a defendant;

  (10) the nature and incidence of domestic violence;

  (11) the physical, psychological, and economic impact of domestic violence
on the victim, the costs to society, and the implications for court
procedures and sentencing;

  (12) the psychology and self-presentation of batterers and victims and the
implications for court proceedings and credibility of witnesses;

  (13) sex stereotyping of female and male victims of domestic violence,
myths about presence or absence of domestic violence in certain racial,
ethnic, religious, or socioeconomic groups, and their impact on the
administration of justice;

  (14) historical evolution of laws and attitudes on domestic violence;

  (15) proper and improper interpretations of the defenses of self-defense
and provocation, and the use of expert witness testimony on battered woman
syndrome;

  (16) the likelihood of retaliation, recidivism, and escalation of violence
by batterers, and the potential impact of incarceration and other meaningful
sanctions for acts of domestic violence including violations of orders of
protection;

  (17) economic, psychological, social and institutional reasons for
victims' inability to leave the batterer, to report domestic violence or to
follow through on complaints, including the influence of lack of support from
police, judges, and court personnel, and the legitimate reasons why victims
of domestic violence may refuse to testify against a defendant;

  (18) the need for orders of protection, and the implications of mutual
orders of protection, dual arrest policies, and mediation in domestic
violence cases; and

  (19) recognition of and response to gender-motivated crimes of violence
other than rape, sexual assault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
  SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS
TITLE.

  The State Justice Institute shall ensure that model programs carried out
pursuant to grants made under this subtitle are developed with the
participation of law enforcement officials, public and private nonprofit
victim advocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
  SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.

  (a) IN GENERAL.-There are authorized to be appropriated to carry out this
chapter-

  $600,000 for fiscal year 1996.

  (b) MODEL PROGRAMS.-Of amounts appropriated under this section, the State
Justice Institute shall expend not less than 40 percent on model programs
regarding domestic violence and not less than 40 percent on model programs
regarding rape and sexual assault.

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

  SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING
GRANTS.

  (a) STUDIES.-In order to gain a better understanding of the nature and the
extent of gender bias in the Federal courts, the circuit judicial councils
are encouraged to conduct studies of the instances, if any, of gender bias in
their respective circuits and to implement recommended reforms.

  (b) MATTERS FOR EXAMINATION.-The studies under subsection (a) may include
an examination of the effects of gender on-

  (1) the treatment of litigants, witnesses, attorneys, jurors, and judges
in the courts, including before magistrate and bankruptcy judges;

  (2) the interpretation and application of the law, both civil and
criminal;

  (3) treatment of defendants in criminal cases;

  (4) treatment of victims of violent crimes in judicial proceedings;

  (5) sentencing;

  (6) sentencing alternatives and the nature of supervision of probation and
parole;

  (7) appointments to committees of the Judicial Conference and the courts;

  (8) case management and court sponsored alternative dispute resolution
programs;

  (9) the selection, retention, promotion, and treatment of employees;

  (10) appointment of arbitrators, experts, and special masters;

  (11) the admissibility of the victim's past sexual history in civil and
criminal cases; and

  (12) the aspects of the topics listed in section 40412 that pertain to
issues within the jurisdiction of the Federal courts.

  (c) CLEARINGHOUSE.-The Administrative Office of the United States Courts
shall act as a clearinghouse to disseminate any reports and materials issued
by the gender bias task forces under subsection (a) and to respond to
requests for such reports and materials. The gender bias task forces shall
provide the Administrative Office of the Courts of the United States with
their reports and related material.

  (d) MODEL PROGRAMS.-The Federal Judicial Center, in carrying out section
620(b)(3) of title 28, United States Code, may-

  (1) include in the educational programs it presents and prepares,
including the training programs for newly appointed judges, information on
issues related to gender bias in the courts including such areas as are
listed in subsection (a) along with such other topics as the Federal Judicial
Center deems appropriate;

  (2) prepare materials necessary to implement this subsection; and

  (3) take into consideration the findings and recommendations of the
studies conducted pursuant to subsection (a), and to consult with individuals
and groups with relevant expertise in gender bias issues as it prepares or
revises such materials.
  SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated-

  (1) to the Salaries and Expenses Account of the Courts of Appeals,
District Courts, and other Judicial Services to carry out section 40421(a)-

  $500,000 for fiscal year 1996;

  (2) to the Federal Judicial Center to carry out section 40421(d)-

  $100,000 for fiscal year 1996; and

  (3) to the Administrative Office of the United States Courts to carry out
section 40421(c)-

  $100,000 for fiscal year 1996.

              Subtitle E-Violence Against Women Act Improvements

  SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

  Section 3156(a)(4) of title 18, United States Code, is amended-

  (1) by striking "or" at the end of subparagraph (A);

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

  (3) by adding after subparagraph (B) the following new subparagraph:

  "(C) any felony under chapter 109A or chapter 110.".
  SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE
AGE OF 16.

  Section 2245(2) of title 18, United States Code, is amended-

  (1) by striking "or" at the end of subparagraph (B);

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

  (3) by inserting after subparagraph (C) the following new subparagraph:

  "(D) the intentional touching, not through the clothing, of the genitalia
of another person who has not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of
any person;".
  SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED DISEASES.

  (a) FOR VICTIMS IN SEX OFFENSE CASES.-Section 503(c)(7) of the Victims'
Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
adding at the end the following: "The Attorney General shall provide for the
payment of the cost of up to 2 anonymous and confidential tests of the victim
for sexually transmitted diseases, including HIV, gonorrhea, herpes,
chlamydia, and syphilis, during the 12 months following sexual assaults that
pose a risk of transmission, and the cost of a counseling session by a
medically trained professional on the accuracy of such tests and the risk of
transmission of sexually transmitted diseases to the victim as the result of
the assault. A victim may waive anonymity and confidentiality of any tests
paid for under this section.".

  (b) LIMITED TESTING OF DEFENDANTS.-

  (1) COURT ORDER.-The victim of an offense of the type referred to in
subsection (a) may obtain an order in the district court of the United States
for the district in which charges are brought against the defendant charged
with the offense, after notice to the defendant and an opportunity to be
heard, requiring that the defendant be tested for the presence of the
etiologic agent for acquired immune deficiency syndrome, and that the results
of the test be communicated to the victim and the defendant. Any test result
of the defendant given to the victim or the defendant must be accompanied by
appropriate counseling.

  (2) SHOWING REQUIRED.-To obtain an order under paragraph (1), the victim
must demonstrate that-

  (A) the defendant has been charged with the offense in a State or Federal
court, and if the defendant has been arrested without a warrant, a probable
cause determination has been made;

  (B) the test for the etiologic agent for acquired immune deficiency
syndrome is requested by the victim after appropriate counseling; and

  (C) the test would provide information necessary for the health of the
victim of the alleged offense and the court determines that the alleged
conduct of the defendant created a risk of transmission, as determined by the
Centers for Disease Control, of the etiologic agent for acquired immune
deficiency syndrome to the victim.

  (3) FOLLOW-UP TESTING.-The court may order follow-up tests and counseling
under paragraph (b)(1) if the initial test was negative. Such follow-up tests
and counseling shall be performed at the request of the victim on dates that
occur six months and twelve months following the initial test.

  (4) TERMINATION OF TESTING REQUIREMENTS.-An order for follow-up testing
under paragraph (3) shall be terminated if the person obtains an acquittal
on, or dismissal of, all charges of the type referred to in subsection (a).

  (5) CONFIDENTIALITY OF TEST.-The results of any test ordered under this
subsection shall be disclosed only to the victim or, where the court deems
appropriate, to the parent or legal guardian of the victim, and to the person
tested. The victim may disclose the test results only to any medical
professional, counselor, family member or sexual partner(s) the victim may
have had since the attack. Any such individual to whom the test results are
disclosed by the victim shall maintain the confidentiality of such
information.

  (6) DISCLOSURE OF TEST RESULTS.-The court shall issue an order to prohibit
the disclosure by the victim of the results of any test performed under this
subsection to anyone other than those mentioned in paragraph (5). The
contents of the court proceedings and test results pursuant to this section
shall be sealed. The results of such test performed on the defendant under
this section shall not be used as evidence in any criminal trial.

  (7) CONTEMPT FOR DISCLOSURE.-Any person who discloses the results of a
test in violation of this subsection may be held in contempt of court.

  (c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.-Not later than 6 months
after the date of enactment of this Act, the United States Sentencing
Commission shall conduct a study and prepare and submit to the committees on
the Judiciary of the Senate and the House of Representatives a report
concerning recommendations for the revision of sentencing guidelines that
relate to offenses in which an HIV infected individual engages in sexual
activity if the individual knows that he or she is infected with HIV and
intends, through such sexual activity, to expose another to HIV.
                                                                   [pH8813]

  SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.

  Section 3663(b) of title 18, United States Code, is amended-

  (1) in paragraph (2) by inserting "including an offense under chapter 109A
or chapter 110" after "an offense resulting in bodily injury to a victim";

  (2) by striking "and" at the end of paragraph (3);

  (3) by redesignating paragraph (4) as paragraph (5); and

  (4) by inserting after paragraph (3) the following new paragraph:

  "(4) in any case, reimburse the victim for lost income and necessary child
care, transportation, and other expenses related to participation in the
investigation or prosecution of the offense or attendance at proceedings
related to the offense; and".
  SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF
FEDERAL BENEFITS.

  Section 3663 of title 18, United States Code, is amended by adding at the
end the following new subsection:

  "(i)(1) A Federal agency shall immediately suspend all Federal benefits
provided by the agency to the defendant, and shall terminate the defendant's
eligibility for Federal benefits administered by that agency, upon receipt of
a certified copy of a written judicial finding that the defendant is
delinquent in making restitution in accordance with any schedule of payments
or any requirement of immediate payment imposed under this section.

  "(2) Any written finding of delinquency described in paragraph (1) shall
be made by a court, after a hearing, upon motion of the victim named in the
order to receive the restitution or upon motion of the United States.

  "(3) A defendant found to be delinquent may subsequently seek a written
finding from the court that the defendant has rectified the delinquency or
that the defendant has made and will make good faith efforts to rectify the
delinquency. The defendant's eligibility for Federal benefits shall be
reinstated upon receipt by the agency of a certified copy of such a finding.

  "(4) In this subsection, "Federal benefit" means a grant, contract, loan,
professional license, or commercial license provided by an agency of the
United States.".
  SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

  (a) STUDY.-The Attorney General, in consultation with the Secretary of
Education, shall provide for a national baseline study to examine the scope
of the problem of campus sexual assaults and the effectiveness of
institutional and legal policies in addressing such crimes and protecting
victims. The Attorney General may utilize the Bureau of Justice Statistics,
the National Institute of Justice, and the Office for Victims of Crime in
carrying out this section.

  (b) REPORT.-Based on the study required by subsection (a) and data
collected under the Student Right-To-Know and Campus Security Act (20 U.S.C.
1001 note; Public Law 101-542) and amendments made by that Act, the Attorney
General shall prepare a report including an analysis of-

  (1) the number of reported allegations and estimated number of unreported
allegations of campus sexual assaults, and to whom the allegations are
reported (including authorities of the educational institution, sexual
assault victim service entities, and local criminal authorities);

  (2) the number of campus sexual assault allegations reported to
authorities of educational institutions which are reported to criminal
authorities;

  (3) the number of campus sexual assault allegations that result in
criminal prosecution in comparison with the number of non-campus sexual
assault allegations that result in criminal prosecution;

  (4) Federal and State laws or regulations pertaining specifically to
campus sexual assaults;

  (5) the adequacy of policies and practices of educational institutions in
addressing campus sexual assaults and protecting victims, including
consideration of-

  (A) the security measures in effect at educational institutions, such as
utilization of campus police and security guards, control over access to
grounds and buildings, supervision of student activities and student living
arrangements, control over the consumption of alcohol by students, lighting,
and the availability of escort services;

  (B) the articulation and communication to students of the institution's
policies concerning sexual assaults;

  (C) policies and practices that may prevent or discourage the reporting of
campus sexual assaults to local criminal authorities, or that may otherwise
obstruct justice or interfere with the prosecution of perpetrators of campus
sexual assaults;

  (D) the nature and availability of victim services for victims of campus
sexual assaults;

  (E) the ability of educational institutions' disciplinary processes to
address allegations of sexual assault adequately and fairly;

  (F) measures that are taken to ensure that victims are free of unwanted
contact with alleged assailants, and disciplinary sanctions that are imposed
when a sexual assault is determined to have occurred; and

  (G) the grounds on which educational institutions are subject to lawsuits
based on campus sexual assaults, the resolution of these cases, and measures
that can be taken to avoid the likelihood of lawsuits and civil liability;

  (6) in conjunction with the report produced by the Department of Education
in coordination with institutions of education under the Student
Right-To-Know and Campus Security Act (20 U.S.C. 1001 note; Public Law
101-542) and amendments made by that Act, an assessment of the policies and
practices of educational institutions that are of greatest effectiveness in
addressing campus sexual assaults and protecting victims, including policies
and practices relating to the particular issues described in paragraph (5);
and

  (7) any recommendations the Attorney General may have for reforms to
address campus sexual assaults and protect victims more effectively, and any
other matters that the Attorney General deems relevant to the subject of the
study and report required by this section.

  (c) SUBMISSION OF REPORT.-The report required by subsection (b) shall be
submitted to the Congress no later than September 1, 1996.

  (d) DEFINITION.-For purposes of this section, "campus sexual assaults"
includes sexual assaults occurring at institutions of postsecondary education
and sexual assaults committed against or by students or employees of such
institutions.

  (e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out the study required by this section-$200,000 for
fiscal year 1996.
  SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.

  (a) REPORT.-Not less than 1 year after the date of enactment of this Act,
the Attorney General and the Secretary of Health and Human Services shall
transmit to the House Committee on Energy and Commerce, the Senate Committee
on Labor and Human Resources, and the Committees on the Judiciary of the
Senate and the House of Representatives a report on the medical and
psychological basis of "battered women's syndrome" and on the extent to which
evidence of the syndrome has been considered in criminal trials.

  (b) COMPONENTS.-The report under subsection (a) shall include-

  (1) medical and psychological testimony on the validity of battered
women's syndrome as a psychological condition;

  (2) a compilation of State, tribal, and Federal court cases in which
evidence of battered women's syndrome was offered in criminal trials; and

  (3) an assessment by State, tribal, and Federal judges, prosecutors, and
defense attorneys of the effects that evidence of battered women's syndrome
may have in criminal trials.
                                                                   [pH8814]

  SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMESTIC
VIOLENCE.

  (a) REPORT.-The Attorney General shall conduct a study of the means by
which abusive spouses may obtain information concerning the addresses or
locations of estranged or former spouses, notwithstanding the desire of the
victims to have such information withheld to avoid further exposure to abuse.
Based on the study, the Attorney General shall transmit a report to Congress
including-

  (1) the findings of the study concerning the means by which information
concerning the addresses or locations of abused spouses may be obtained by
abusers; and

  (2) analysis of the feasibility of creating effective means of protecting
the confidentiality of information concerning the addresses and locations of
abused spouses to protect such persons from exposure to further abuse while
preserving access to such information for legitimate purposes.

  (b) USE OF COMPONENTS.-The Attorney General may use the National Institute
of Justice and the Office for Victims of Crime in carrying out this section.
  SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.

  Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study of, and shall submit to Congress a
report and recommendations on, problems of recordkeeping of criminal
complaints involving domestic violence. The study and report shall examine-

  (1) the efforts that have been made by the Department of Justice,
including the Federal Bureau of Investigation, to collect statistics on
domestic violence; and

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

         Subtitle F-National Stalker and Domestic Violence Reduction

  SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.

  (a) ACCESS AND ENTRY.-Section 534 of title 28, United States Code, is
amended by adding at the end the following:

  "(e)(1) Information from national crime information databases consisting
of identification records, criminal history records, protection orders, and
wanted person records may be disseminated to civil or criminal courts for use
in domestic violence or stalking cases. Nothing in this subsection shall be
construed to permit access to such records for any other purpose.

  "(2) Federal and State criminal justice agencies authorized to enter
information into criminal information databases may include-

  "(A) arrests, convictions, and arrest warrants for stalking or domestic
violence or for violations of protection orders for the protection of parties
from stalking or domestic violence; and

  "(B) protection orders for the protection of persons from stalking or
domestic violence, provided such orders are subject to periodic verification.

  "(3) As used in this subsection-

  "(A) the term `national crime information databases' means the National
Crime Information Center and its incorporated criminal history databases,
including the Interstate Identification Index; and

  "(B) the term `protection order' includes an injunction or any other order
issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical proximity
to, another person, including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking protection.".

  (b) RULEMAKING.-The Attorney General may make rules to carry out the
subsection added to section 534 of title 28, United States Code, by
subsection (a), after consultation with the officials charged with managing
the National Crime Information Center and the Criminal Justice Information
Services Advisory Policy Board.
  SEC. 40602. GRANT PROGRAM.

  (a) IN GENERAL.-The Attorney General is authorized to provide grants to
States and units of local government to improve processes for entering data
regarding stalking and domestic violence into local, State, and national
crime information databases.

  (b) ELIGIBILITY.-To be eligible to receive a grant under subsection (a), a
State or unit of local government shall certify that it has or intends to
establish a program that enters into the National Crime Information Center
records of-

  (1) warrants for the arrest of persons violating protection orders
intended to protect victims from stalking or domestic violence;

  (2) arrests or convictions of persons violating protection or domestic
violence; and

  (3) protection orders for the protection of persons from stalking or
domestic violence.
  SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this subtitle-

  (1) $1,500,000 for fiscal year 1996;

  (2) $1,750,000 for fiscal year 1997; and

  (3) $2,750,000 for fiscal year 1998.
  SEC. 40604. APPLICATION REQUIREMENTS.

  An application for a grant under this subtitle shall be submitted in such
form and manner, and contain such information, as the Attorney General may
prescribe. In addition, applications shall include documentation showing-

  (1) the need for grant funds and that State or local funding, as the case
may be, does not already cover these operations;

  (2) intended use of the grant funds, including a plan of action to
increase record input; and

  (3) an estimate of expected results from the use of the grant funds.
  SEC. 40605. DISBURSEMENT.

  Not later than 90 days after the receipt of an application under this
subtitle, the Attorney General shall either provide grant funds or shall
inform the applicant why grant funds are not being provided.
  SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.

  The Attorney General may provide technical assistance and training in
furtherance of the purposes of this subtitle, and may provide for the
evaluation of programs that receive funds under this subtitle, in addition to
any evaluation requirements that the Attorney General may prescribe for
grantees. The technical assistance, training, and evaluations authorized by
this section may be carried out directly by the Attorney General, or through
contracts or other arrangements with other entities.
  SEC. 40607. TRAINING PROGRAMS FOR JUDGES.

  The State Justice Institute, after consultation with nationally recognized
nonprofit organizations with expertise in stalking and domestic violence
cases, shall conduct training programs for State (as defined in section 202
of the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701))
and Indian tribal judges to ensure that a judge issuing an order in a
stalking or domestic violence case has all available criminal history and
other information, whether from State or Federal sources.
  SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.

  The State Justice Institute, after consultation with nationally recognized
nonprofit associations with expertise in data sharing among criminal justice
agencies and familiarity with the issues raised in stalking and domestic
violence cases, shall recommend proposals regarding how State courts may
increase intrastate communication between civil and criminal courts.
  SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.

  Not later than 2 years after the date of enactment of this Act, the
Attorney General, in accordance with the States, shall compile data regarding
domestic violence and intimidation (including stalking) as part of the
National Incident-Based Reporting System (NIBRS).
  SEC. 40610. REPORT TO CONGRESS.

  The Attorney General shall submit to the Congress an annual report,
beginning one year after the date of the enactment of this Act, that provides
information concerning the incidence of stalking and domestic violence, and
evaluates the effectiveness of State antistalking efforts and legislation.
  SEC. 40611. DEFINITIONS.

  As used in this subtitle-

  (1) the term "national crime information databases" refers to the National
Crime Information Center and its incorporated criminal history databases,
including the Interstate Identification Index; and

  (2) the term "protection order" includes an injunction or any other order
issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical proximity
to, another person, including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking protection.

           Subtitle G-Protections for Battered Immigrant Women and
                                   Children

  SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND
PREFERENCE STATUS.

  (a) IN GENERAL.-Section 204(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)) is amended-

  (1) in subparagraph (A)-

  (A) by inserting "(i)" after "(A)",

  (B) by redesignating the second sentence as clause (ii), and

  (C) by adding at the end the following new clauses:

  "(iii) An alien who is the spouse of a citizen of the United States, who
is a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided in the
United States with the alien's spouse may file a petition with the Attorney
General under this subparagraph for classification of the alien (and any
child of the alien if such a child has not been classified under clause (iv))
under such section if the alien demonstrates to the Attorney General that-

  "(I) the alien is residing in the United States, the marriage between the
alien and the spouse was entered into in good faith by the alien, and during
the marriage the alien or a child of the alien has been battered by or has
been the subject of extreme cruelty perpetrated by the alien's spouse; and

  "(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien or a child of
the alien.

  "(iv) An alien who is the child of a citizen of the United States, who is
a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided in the
United States with the citizen parent may file a petition with the Attorney
General under this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that-

  "(I) the alien is residing in the United States and during the period of
residence with the citizen parent the alien has been battered by or has been
the subject of extreme cruelty perpetrated by the alien's citizen parent; and

  "(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien.";

  (2) in subparagraph (B)-

  (A) by inserting "(i)" after "(B)"; and

  (B) by adding at the end the following new clauses:

  "(ii) An alien who is the spouse of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is eligible
for classification under section 203(a)(2)(A), and who has resided in the
United States with the alien's legal permanent resident spouse may file a
petition with the Attorney General under this subparagraph for classification
of the alien (and any child of the alien if such a child has not been
classified under clause (iii)) under such section if the alien demonstrates
to the Attorney General that the conditions described in subclauses (I)
and (II) of subparagraph (A)(iii) are met with respect to the alien.

  "(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is eligible
for classification under section 203(a)(2)(A), and who has resided in the
United States with the alien's permanent resident alien parent may file a
petition with the Attorney General under this subparagraph for classification
of the alien under such section if the alien demonstrates to the Attorney
General that-

  "(I) the alien is residing in the United States and during the period of
residence with the permanent resident parent the alien has been battered by
or has been the subject of extreme cruelty perpetrated by the alien's
permanent resident parent; and

  "(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien."; and

  (3) by adding at the end the following new subparagraph:

  "(H) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney
General shall consider any credible evidence relevant to the petition. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".

  (b) CONFORMING AMENDMENTS.-(1) Section 204(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(2)) is amended-

  (A) in subparagraph (A) by striking "filed by an alien who," and
inserting "for the classification of the spouse of an alien if the alien,";
and

  (B) in subparagraph (B) by striking "by an alien whose prior marriage" and
inserting "for the classification of the spouse of an alien if the prior
marriage of the alien".

  (2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and
inserting "204(a)(1)(A)(ii)".

  (c) SURVIVAL RIGHTS TO PETITION.-Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following
new subsection:

  "(h) The legal termination of a marriage may not be the sole basis for
revocation under section 205 of a petition filed under
subsection (a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii)
pursuant to conditions described in subsection (a)(1)(A)(iii)(I).".

  (d) EFFECTIVE DATE.-The amendments made by this section shall take effect
January 1, 1995.
                                                                   [pH8815]

  SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.

  (a) IN GENERAL.-Section 216(c)(4) of the Immigration and Nationality
Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence
the following: "In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".

  (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect
on the date of enactment of this Act and shall apply to applications made
before, on, or after such date.
  SEC. 40703. SUSPENSION OF DEPORTATION.

  (a) BATTERED SPOUSE OR CHILD.-Section 244(a) of the Immigration and
Nationality Act (8 U.S.C. 1254(a)) is amended-

  (1) by striking "or" at the end of paragraph (1);

  (2) by striking the period at the end of paragraph (2) and inserting ";
or"; and

  (3) by inserting after paragraph (2) the following:

  "(3) is deportable under any law of the United States except section
241(a)(1)(G) and the provisions specified in paragraph (2); has been
physically present in the United States for a continuous period of not less
than 3 years immediately preceding the date of such application; has been
battered or subjected to extreme cruelty in the United States by a spouse or
parent who is a United States citizen or lawful permanent resident (or is the
parent of a child of a United States citizen or lawful permanent resident and
the child has been battered or subjected to extreme cruelty in the United
States by such citizen or permanent resident parent); and proves that during
all of such time in the United States the alien was and is a person of good
moral character; and is a person whose deportation would, in the opinion of
the Attorney General, result in extreme hardship to the alien or the alien's
parent or child.".

  (b) CONSIDERATION OF EVIDENCE.-Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following
new subsection:

  "(g) In acting on applications under subsection (a)(3), the Attorney
General shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".

                             TITLE V-DRUG COURTS

  SEC. 50001. DRUG COURTS.

  (a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40231(a), is amended-

  (1) by redesignating part V as part W;

  (2) by redesignating section 2201 as section 2301; and

  (3) by inserting after part U the following new part:

                             "PART V-DRUG COURTS

  "SEC. 2201. GRANT AUTHORITY.

  "The Attorney General may make grants to States, State courts, local
courts, units of local government, and Indian tribal governments, acting
directly or through agreements with other public or private entities, for
programs that involve-

  "(1) continuing judicial supervision over offenders with substance abuse
problems who are not violent offenders; and

  "(2) the integrated administration of other sanctions and services, which
shall include-

  "(A) mandatory periodic testing for the use of controlled substances or
other addictive substances during any period of supervised release or
probation for each participant;

  "(B) substance abuse treatment for each participant;

  "(C) diversion, probation, or other supervised release involving the
possibility of prosecution, confinement, or incarceration based on
noncompliance with program requirements or failure to show satisfactory
progress; and

  "(D) programmatic, offender management, and aftercare services such as
relapse prevention, health care, education, vocational training, job
placement, housing placement, and child care or other family support services
for each participant who requires such services.
  "SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

  "The Attorney General shall-

  "(1) issue regulations and guidelines to ensure that the programs
authorized in this part do not permit participation by violent offenders; and

  "(2) immediately suspend funding for any grant under this part, pending
compliance, if the Attorney General finds that violent offenders are
participating in any program funded under this part.
  "SEC. 2203. DEFINITION.

  "In this part, `violent offender' means a person who-

  "(1) is charged with or convicted of an offense, during the course of
which offense or conduct-

  "(A) the person carried, possessed, or used a firearm or dangerous weapon;

  "(B) there occurred the death of or serious bodily injury to any person;
or

  "(C) there occurred the use of force against the person of another,

  without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or conduct of
which or for which the person is charged or convicted; or

  "(2) has one or more prior convictions for a felony crime of violence
involving the use or attempted use of force against a person with the intent
to cause death or serious bodily harm.
  "SEC. 2204. ADMINISTRATION.

  "(a) CONSULTATION.-The Attorney General shall consult with the Secretary
of Health and Human Services and any other appropriate officials in carrying
out this part.

  "(b) USE OF COMPONENTS.-The Attorney General may utilize any component or
components of the Department of Justice in carrying out this part.

  "(c) REGULATORY AUTHORITY.-The Attorney General may issue regulations and
guidelines necessary to carry out this part.

  "(d) APPLICATIONS.-In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under this part
shall-

  "(1) include a long-term strategy and detailed implementation plan;

  "(2) explain the applicant's inability to fund the program adequately
without Federal assistance;

  "(3) certify that the Federal support provided will be used to supplement,
and not supplant, State, Indian tribal, and local sources of funding that
would otherwise be available;

  "(4) identify related governmental or community initiatives which
complement or will be coordinated with the proposal;

  "(5) certify that there has been appropriate consultation with all
affected agencies and that there will be appropriate coordination with all
affected agencies in the implementation of the program;

  "(6) certify that participating offenders will be supervised by one or
more designated judges with responsibility for the drug court program;

  "(7) specify plans for obtaining necessary support and continuing the
proposed program following the conclusion of Federal support; and

  "(8) describe the methodology that will be used in evaluating the program.
  "SEC. 2205. APPLICATIONS.

  "To request funds under this part, the chief executive or the chief
justice of a State or the chief executive or chief judge of a unit of local
government or Indian tribal government shall submit an application to the
Attorney General in such form and containing such information as the Attorney
General may reasonably require.
                                                                   [pH8816]

  "SEC. 2206. FEDERAL SHARE.

  "The Federal share of a grant made under this part may not exceed 75
percent of the total costs of the program described in the application
submitted under section 2205 for the fiscal year for which the program
receives assistance under this part, unless the Attorney General waives,
wholly or in part, the requirement of a matching contribution under this
section. In-kind contributions may constitute a portion of the non-Federal
share of a grant.
  "SEC. 2207. GEOGRAPHIC DISTRIBUTION.

  "The Attorney General shall ensure that, to the extent practicable, an
equitable geographic distribution of grant awards is made.
  "SEC. 2208. REPORT.

  "A State, Indian tribal government, or unit of local government that
receives funds under this part during a fiscal year shall submit to the
Attorney General a report in March of the following year regarding the
effectiveness of this part.
  "SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

  "(a) TECHNICAL ASSISTANCE AND TRAINING.-The Attorney General may provide
technical assistance and training in furtherance of the purposes of this
part.

  "(b) EVALUATIONS.-In addition to any evaluation requirements that may be
prescribed for grantees, the Attorney General may carry out or make
arrangements for evaluations of programs that receive support under this
part.

  "(c) ADMINISTRATION.-The technical assistance, training, and evaluations
authorized by this section may be carried out directly by the Attorney
General, in collaboration with the Secretary of Health and Human Services, or
through grants, contracts, or other cooperative arrangements with other
entities.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 40231(b), is amended by striking the matter relating to
part V and inserting the following:




                             "PART V-DRUG COURTS

"Sec.2201.Grant authority.
"Sec.2202.Prohibition of participation by violent offenders.
"Sec.2203.Definition.
"Sec.2204.Administration.
"Sec.2205.Applications.
"Sec.2206.Federal share.
"Sec.2207.Geographic distribution.
"Sec.2208.Report.
"Sec.2209.Technical assistance, training, and evaluation.

                  "PART W-TRANSITION-EFFECTIVE DATE-REPEALER

"Sec.2301.Continuation of rules, authorities, and proceedings.".


  (c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40231(c), is amended-

  (1) in paragraph (3) by striking "and U" and inserting "U, and V"; and

  (2) by adding at the end the following new paragraph:

  "(20) There are authorized to be appropriated to carry out part V-

  "(1) $100,000,000 for fiscal year 1995;

  "(2) $150,000,000 for fiscal year 1996;

  "(3) $150,000,000 for fiscal year 1997;

  "(4) $200,000,000 for fiscal year 1998;

  "(5) $200,000,000 for fiscal year 1999; and

  "(6) $200,000,000 for fiscal year 2000.".
  SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.

  (a)  IN GENERAL.-The Comptroller General of the United States shall study
and assess the effectiveness and impact of grants authorized by part V of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 as added by
section 50001(a) and report to Congress the results of the study on or before
January 1, 1997.

  (b) DOCUMENTS AND INFORMATION.-The Attorney General and grant recipients
shall provide the Comptroller General with all relevant documents and
information that the Comptroller General deems necessary to conduct the study
under subsection (a), including the identities and criminal records of
program participants.

  (c) CRITERIA.-In assessing the effectiveness of the grants made under
programs authorized by part V of the Omnibus Crime Control and Safe Streets
Act of 1968, the Comptroller General shall consider, among other things-

  (1) recidivism rates of program participants;

  (2) completion rates among program participants;

  (3) drug use by program participants; and

  (4) the costs of the program to the criminal justice system.

                            TITLE VI-DEATH PENALTY

  SEC. 60001. SHORT TITLE.

  This title may be cited as the "Federal Death Penalty Act of 1994".
  SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE
OF DEATH.

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

                         "CHAPTER 228-DEATH SENTENCE




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

  "3591. Sentence of death

  "(a) A defendant who has been found guilty of-

  "(1) an offense described in section 794 or section 2381; or

  "(2) any other offense for which a sentence of death is provided, if the
defendant, as determined beyond a reasonable doubt at the hearing under
section 3593-

  "(A) intentionally killed the victim;

  "(B) intentionally inflicted serious bodily injury that resulted in the
death of the victim;

  "(C) intentionally participated in an act, contemplating that the life of
a person would be taken or intending that lethal force would be used in
connection with a person, other than one of the participants in the offense,
and the victim died as a direct result of the act; or

  "(D) intentionally and specifically engaged in an act of violence, knowing
that the act created a grave risk of death to a person, other than one of the
participants in the offense, such that participation in the act constituted a
reckless disregard for human life and the victim died as a direct result of
the act,

  shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to section
3593, it is determined that imposition of a sentence of death is justified,
except that no person may be sentenced to death who was less than 18 years of
age at the time of the offense.

  "(b) A defendant who has been found guilty of-

  "(1) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing
criminal enterprise offense under the conditions described in subsection (b)
of that section which involved not less than twice the quantity of controlled
substance described in subsection (b)(2)(A) or twice the gross receipts
described in subsection (b)(2)(B); or

  "(2) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing
criminal enterprise offense under that section, where the defendant is a
principal administrator, organizer, or leader of such an enterprise, and the
defendant, in order to obstruct the investigation or prosecution of the
enterprise or an offense involved in the enterprise, attempts to kill or
knowingly directs, advises, authorizes, or assists another to attempt to kill
any public officer, juror, witness, or members of the family or household of
such a person,

  shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to section
3593, it is determined that imposition of a sentence of death is justified,
except that no person may be sentenced to death who was less than 18 years of
age at the time of the offense.
  "3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified

  "(a) MITIGATING FACTORS.-In determining whether a sentence of death is to
be imposed on a defendant, the finder of fact shall consider any mitigating
factor, including the following:

  "(1) IMPAIRED CAPACITY.-The defendant's capacity to appreciate the
wrongfulness of the defendant's conduct or to conform conduct to the
requirements of law was significantly impaired, regardless of whether the
capacity was so impaired as to constitute a defense to the charge.

  "(2) DURESS.-The defendant was under unusual and substantial duress,
regardless of whether the duress was of such a degree as to constitute a
defense to the charge.

  "(3) MINOR PARTICIPATION.-The defendant is punishable as a principal in
the offense, which was committed by another, but the defendant's
participation was relatively minor, regardless of whether the participation
was so minor as to constitute a defense to the charge.

  "(4) EQUALLY CULPABLE DEFENDANTS.-Another defendant or defendants, equally
culpable in the crime, will not be punished by death.

  "(5) NO PRIOR CRIMINAL RECORD.-The defendant did not have a significant
prior history of other criminal conduct.

  "(6) DISTURBANCE.-The defendant committed the offense under severe mental
or emotional disturbance.

  "(7) VICTIM'S CONSENT.-The victim consented to the criminal conduct that
resulted in the victim's death.

  "(8) OTHER FACTORS.-Other factors in the defendant's background, record,
or character or any other circumstance of the offense that mitigate against
imposition of the death sentence.

  "(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-In determining whether
a sentence of death is justified for an offense described in section
3591(a)(1), the jury, or if there is no jury, the court, shall consider each
of the following aggravating factors for which notice has been given and
determine which, if any, exist:

  "(1) PRIOR ESPIONAGE OR TREASON OFFENSE.-The defendant has previously been
convicted of another offense involving espionage or treason for which a
sentence of either life imprisonment or death was authorized by law.

  "(2) GRAVE RISK TO NATIONAL SECURITY.-In the commission of the offense the
defendant knowingly created a grave risk of substantial danger to the
national security.

  "(3) GRAVE RISK OF DEATH.-In the commission of the offense the defendant
knowingly created a grave risk of death to another person.

  The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.

  "(c) AGGRAVATING FACTORS FOR HOMICIDE.-In determining whether a sentence
of death is justified for an offense described in section 3591(a)(2), the
jury, or if there is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and determine which, if
any, exist:

  "(1) DEATH DURING COMMISSION OF ANOTHER CRIME.-The death, or injury
resulting in death, occurred during the commission or attempted commission
of, or during the immediate flight from the commission of, an offense under
section 32 (destruction of aircraft or aircraft facilities), section
33 (destruction of motor vehicles or motor vehicle facilities), section
36 (violence at international airports), section 351 (violence against
Members of Congress, Cabinet officers, or Supreme Court Justices), an offense
under section 751 (prisoners in custody of institution or officer), section
794 (gathering or delivering defense information to aid foreign government),
section 844(d) (transportation of explosives in interstate commerce for
certain purposes), section 844(f) (destruction of Government property by
explosives), section 1118 (prisoners serving life term), section
1201 (kidnaping), section 844(i) (destruction of property affecting
interstate commerce by explosives), section 1116 (killing or attempted
killing of diplomats), section 1203 (hostage taking), section 1992 (wrecking
trains), section 2280 (maritime violence), section 2281 (maritime platform
violence), section 2332 (terrorist acts abroad against United States
nationals), section 2339 (use of weapons of mass destruction), or section
2381 (treason) of this title, or section 46502 of title 49, United States
Code (aircraft piracy).

  "(2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING FIREARM.-For any
offense, other than an offense for which a sentence of death is sought on the
basis of section 924(c), the defendant has previously been convicted of a
Federal or State offense punishable by a term of imprisonment of more than 1
year, involving the use or attempted or threatened use of a firearm (as
defined in section 921) against another person.

  "(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE
IMPRISONMENT WAS AUTHORIZED.-The defendant has previously been convicted of
another Federal or State offense resulting in the death of a person, for
which a sentence of life imprisonment or a sentence of death was authorized
by statute.

  "(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-The defendant has
previously been convicted of 2 or more Federal or State offenses, punishable
by a term of imprisonment of more than 1 year, committed on different
occasions, involving the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.

  "(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.-The defendant, in the
commission of the offense, or in escaping apprehension for the violation of
the offense, knowingly created a grave risk of death to 1 or more persons in
addition to the victim of the offense.

  "(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE.-The
defendant committed the offense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical abuse to the victim.

  "(7) PROCUREMENT OF OFFENSE BY PAYMENT.-The defendant procured the
commission of the offense by payment, or promise of payment, of anything of
pecuniary value.

  "(8) PECUNIARY GAIN.-The defendant committed the offense as consideration
for the receipt, or in the expectation of the receipt, of anything of
pecuniary value.

  "(9) SUBSTANTIAL PLANNING AND PREMEDITATION.-The defendant committed the
offense after substantial planning and premeditation to cause the death of a
person or commit an act of terrorism.

  "(10) CONVICTION FOR TWO FELONY DRUG OFFENSES.-The defendant has
previously been convicted of 2 or more State or Federal offenses punishable
by a term of imprisonment of more than one year, committed on different
occasions, involving the distribution of a controlled substance.

  "(11) VULNERABILITY OF VICTIM.-The victim was particularly vulnerable due
to old age, youth, or infirmity.

  "(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.-The defendant had
previously been convicted of violating title II or III of the Controlled
Substances Act for which a sentence of 5 or more years may be imposed or had
previously been convicted of engaging in a continuing criminal enterprise.

  "(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO MINORS.-The
defendant committed the offense in the course of engaging in a continuing
criminal enterprise in violation of section 408(c) of the Controlled
Substances Act (21 U.S.C. 848(c)), and that violation involved the
distribution of drugs to persons under the age of 21 in violation of section
418 of that Act (21 U.S.C. 859).

  "(14) HIGH PUBLIC OFFICIALS.-The defendant committed the offense against-

  "(A) the President of the United States, the President-elect, the Vice
President, the Vice President-elect, the Vice President-designate, or, if
there is no Vice President, the officer next in order of succession to the
office of the President of the United States, or any person who is acting as
President under the Constitution and laws of the United States;

  "(B) a chief of state, head of government, or the political equivalent, of
a foreign nation;

  "(C) a foreign official listed in section 1116(b)(3)(A), if the official
is in the United States on official business; or

  "(D) a Federal public servant who is a judge, a law enforcement officer,
or an employee of a United States penal or correctional institution-

"(i) while he or she is engaged in the performance of his or her official
duties;

"(ii) because of the performance of his or her official duties; or

"(iii) because of his or her status as a public servant.

  For purposes of this subparagraph, a `law enforcement officer' is a public
servant authorized by law or by a Government agency or Congress to conduct or
engage in the prevention, investigation, or prosecution or adjudication of an
offense, and includes those engaged in corrections, parole, or probation
functions.

  "(15) PRIOR CONVICTION OF SEXUAL ASSAULT OR CHILD MOLESTATION.-In the case
of an offense under chapter 109A (sexual abuse) or chapter 110 (sexual abuse
of children), the defendant has previously been convicted of a crime of
sexual assault or crime of child molestation.

  The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.

  "(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PENALTY.-In determining
whether a sentence of death is justified for an offense described in section
3591(b), the jury, or if there is no jury, the court, shall consider each of
the following aggravating factors for which notice has been given and
determine which, if any, exist:

  "(1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE
IMPRISONMENT WAS AUTHORIZED.-The defendant has previously been convicted of
another Federal or State offense resulting in the death of a person, for
which a sentence of life imprisonment or death was authorized by statute.

  "(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-The defendant has
previously been convicted of two or more Federal or State offenses, each
punishable by a term of imprisonment of more than one year, committed on
different occasions, involving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) or the infliction of, or attempted infliction
of, serious bodily injury or death upon another person.

  "(3) PREVIOUS SERIOUS DRUG FELONY CONVICTION.-The defendant has previously
been convicted of another Federal or State offense involving the manufacture,
distribution, importation, or possession of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for
which a sentence of five or more years of imprisonment was authorized by
statute.

  "(4) USE OF FIREARM.-In committing the offense, or in furtherance of a
continuing criminal enterprise of which the offense was a part, the defendant
used a firearm or knowingly directed, advised, authorized, or assisted
another to use a firearm to threaten, intimidate, assault, or injure a
person.

  "(5) DISTRIBUTION TO PERSONS UNDER 21.-The offense, or a continuing
criminal enterprise of which the offense was a part, involved conduct
proscribed by section 418 of the Controlled Substances Act (21 U.S.C. 859)
which was committed directly by the defendant.

  "(6) DISTRIBUTION NEAR SCHOOLS.-The offense, or a continuing criminal
enterprise of which the offense was a part, involved conduct proscribed by
section 419 of the Controlled Substances Act (21 U.S.C. 860) which was
committed directly by the defendant.

  "(7) USING MINORS IN TRAFFICKING.-The offense, or a continuing criminal
enterprise of which the offense was a part, involved conduct proscribed by
section 420 of the Controlled Substances Act (21 U.S.C. 861) which was
committed directly by the defendant.

  "(8) LETHAL ADULTERANT.-The offense involved the importation, manufacture,
or distribution of a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), mixed with a potentially lethal
adulterant, and the defendant was aware of the presence of the adulterant.

  The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
                                                                   [pH8817]

  "3593. Special hearing to determine whether a sentence of death is
justified

  "(a) NOTICE BY THE GOVERNMENT.-If, in a case involving an offense
described in section 3591, the attorney for the government believes that the
circumstances of the offense are such that a sentence of death is justified
under this chapter, the attorney shall, a reasonable time before the trial or
before acceptance by the court of a plea of guilty, sign and file with the
court, and serve on the defendant, a notice-

  "(1) stating that the government believes that the circumstances of the
offense are such that, if the defendant is convicted, a sentence of death is
justified under this chapter and that the government will seek the sentence
of death; and

  "(2) setting forth the aggravating factor or factors that the government,
if the defendant is convicted, proposes to prove as justifying a sentence of
death.

  The factors for which notice is provided under this subsection may include
factors concerning the effect of the offense on the victim and the victim's
family, and may include oral testimony, a victim impact statement that
identifies the victim of the offense and the extent and scope of the injury
and loss suffered by the victim and the victim's family, and any other
relevant information. The court may permit the attorney for the government to
amend the notice upon a showing of good cause.

  "(b) HEARING BEFORE A COURT OR JURY.-If the attorney for the government
has filed a notice as required under subsection (a) and the defendant is
found guilty of or pleads guilty to an offense described in section 3591, the
judge who presided at the trial or before whom the guilty plea was entered,
or another judge if that judge is unavailable, shall conduct a separate
sentencing hearing to determine the punishment to be imposed. The hearing
shall be conducted-

  "(1) before the jury that determined the defendant's guilt;

  "(2) before a jury impaneled for the purpose of the hearing if-

  "(A) the defendant was convicted upon a plea of guilty;

  "(B) the defendant was convicted after a trial before the court sitting
without a jury;

  "(C) the jury that determined the defendant's guilt was discharged for
good cause; or

  "(D) after initial imposition of a sentence under this section,
reconsideration of the sentence under this section is necessary; or

  "(3) before the court alone, upon the motion of the defendant and with the
approval of the attorney for the government.

  A jury impaneled pursuant to paragraph (2) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a lesser
number.

  "(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS.-Notwithstanding rule
32(c) of the Federal Rules of Criminal Procedure, when a defendant is found
guilty or pleads guilty to an offense under section 3591, no presentence
report shall be prepared. At the sentencing hearing, information may be
presented as to any matter relevant to the sentence, including any mitigating
or aggravating factor permitted or required to be considered under section
3592. Information presented may include the trial transcript and exhibits if
the hearing is held before a jury or judge not present during the trial, or
at the trial judge's discretion. The defendant may present any information
relevant to a mitigating factor. The government may present any information
relevant to an aggravating factor for which notice has been provided under
subsection (a). Information is admissible regardless of its admissibility
under the rules governing admission of evidence at criminal trials except
that information may be excluded if its probative value is outweighed by the
danger of creating unfair prejudice, confusing the issues, or misleading the
jury. The government and the defendant shall be permitted to rebut any
information received at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information to establish the
existence of any aggravating or mitigating factor, and as to the
appropriateness in the case of imposing a sentence of death. The government
shall open the argument. The defendant shall be permitted to reply. The
government shall then be permitted to reply in rebuttal. The burden of
establishing the existence of any aggravating factor is on the government,
and is not satisfied unless the existence of such a factor is established
beyond a reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.

  "(d) RETURN OF SPECIAL FINDINGS.-The jury, or if there is no jury, the
court, shall consider all the information received during the hearing. It
shall return special findings identifying any aggravating factor or factors
set forth in section 3592 found to exist and any other aggravating factor for
which notice has been provided under subsection (a) found to exist. A finding
with respect to a mitigating factor may be made by 1 or more members of the
jury, and any member of the jury who finds the existence of a mitigating
factor may consider such factor established for purposes of this section
regardless of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must be
unanimous. If no aggravating factor set forth in section 3592 is found to
exist, the court shall impose a sentence other than death authorized by law.

  "(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH.-If, in the case
of-

  "(1) an offense described in section 3591(a)(1), an aggravating factor
required to be considered under section 3592(b) is found to exist;

  "(2) an offense described in section 3591(a)(2), an aggravating factor
required to be considered under section 3592(c) is found to exist; or

  "(3) an offense described in section 3591(b), an aggravating factor
required to be considered under section 3592(d) is found to exist,

  the jury, or if there is no jury, the court, shall consider whether all
the aggravating factor or factors found to exist sufficiently outweigh all
the mitigating factor or factors found to exist to justify a sentence of
death, or, in the absence of a mitigating factor, whether the aggravating
factor or factors alone are sufficient to justify a sentence of death. Based
upon this consideration, the jury by unanimous vote, or if there is no jury,
the court, shall recommend whether the defendant should be sentenced to
death, to life imprisonment without possibility of release or some other
lesser sentence.

  "(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION.-In a hearing
held before a jury, the court, prior to the return of a finding under
subsection (e), shall instruct the jury that, in considering whether a
sentence of death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death unless it has
concluded that it would recommend a sentence of death for the crime in
question no matter what the race, color, religious beliefs, national origin,
or sex of the defendant or of any victim may be. The jury, upon return of a
finding under subsection (e), shall also return to the court a certificate,
signed by each juror, that consideration of the race, color, religious
beliefs, national origin, or sex of the defendant or any victim was not
involved in reaching his or her individual decision and that the individual
juror would have made the same recommendation regarding a sentence for the
crime in question no matter what the race, color, religious beliefs, national
origin, or sex of the defendant or any victim may be.
                                                                   [pH8818]

  "3594. Imposition of a sentence of death

  "Upon a recommendation under section 3593(e) that the defendant should be
sentenced to death or life imprisonment without possibility of release, the
court shall sentence the defendant accordingly. Otherwise, the court shall
impose any lesser sentence that is authorized by law. Notwithstanding any
other law, if the maximum term of imprisonment for the offense is life
imprisonment, the court may impose a sentence of life imprisonment without
possibility of release.
  "3595. Review of a sentence of death

  "(a) APPEAL.-In a case in which a sentence of death is imposed, the
sentence shall be subject to review by the court of appeals upon appeal by
the defendant. Notice of appeal must be filed within the time specified for
the filing of a notice of appeal. An appeal under this section may be
consolidated with an appeal of the judgment of conviction and shall have
priority over all other cases.

  "(b) REVIEW.-The court of appeals shall review the entire record in the
case, including-

  "(1) the evidence submitted during the trial;

  "(2) the information submitted during the sentencing hearing;

  "(3) the procedures employed in the sentencing hearing; and

  "(4) the special findings returned under section 3593(d).

  "(c) DECISION AND DISPOSITION.-

  "(1) The court of appeals shall address all substantive and procedural
issues raised on the appeal of a sentence of death, and shall consider
whether the sentence of death was imposed under the influence of passion,
prejudice, or any other arbitrary factor and whether the evidence supports
the special finding of the existence of an aggravating factor required to be
considered under section 3592.

  "(2) Whenever the court of appeals finds that-

  "(A) the sentence of death was imposed under the influence of passion,
prejudice, or any other arbitrary factor;

  "(B) the admissible evidence and information adduced does not support the
special finding of the existence of the required aggravating factor; or

  "(C) the proceedings involved any other legal error requiring reversal of
the sentence that was properly preserved for appeal under the rules of
criminal procedure,

  the court shall remand the case for reconsideration under section 3593 or
imposition of a sentence other than death. The court of appeals shall not
reverse or vacate a sentence of death on account of any error which can be
harmless, including any erroneous special finding of an aggravating factor,
where the Government establishes beyond a reasonable doubt that the error was
harmless.

  "(3) The court of appeals shall state in writing the reasons for its
disposition of an appeal of a sentence of death under this section.
  "3596. Implementation of a sentence of death

  "(a) IN GENERAL.-A person who has been sentenced to death pursuant to this
chapter shall be committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment of conviction and for
review of the sentence. When the sentence is to be implemented, the Attorney
General shall release the person sentenced to death to the custody of a
United States marshal, who shall supervise implementation of the sentence in
the manner prescribed by the law of the State in which the sentence is
imposed. If the law of the State does not provide for implementation of a
sentence of death, the court shall designate another State, the law of which
does provide for the implementation of a sentence of death, and the sentence
shall be implemented in the latter State in the manner prescribed by such
law.

  "(b) PREGNANT WOMAN.-A sentence of death shall not be carried out upon a
woman while she is pregnant.

  "(c) MENTAL CAPACITY.-A sentence of death shall not be carried out upon a
person who is mentally retarded. A sentence of death shall not be carried out
upon a person who, as a result of mental disability, lacks the mental
capacity to understand the death penalty and why it was imposed on that
person.
  "3597. Use of State facilities

  "(a) IN GENERAL.-A United States marshal charged with supervising the
implementation of a sentence of death may use appropriate State or local
facilities for the purpose, may use the services of an appropriate State or
local official or of a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the Attorney General.

  "(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.-No employee of
any State department of corrections, the United States Department of Justice,
the Federal Bureau of Prisons, or the United States Marshals Service, and no
employee providing services to that department, bureau, or service under
contract shall be required, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any prosecution or
execution under this section if such participation is contrary to the moral
or religious convictions of the employee. In this subsection, `participation
in executions' includes personal preparation of the condemned individual and
the apparatus used for execution and supervision of the activities of other
personnel in carrying out such activities.
  "3598. Special provisions for Indian country

  "Notwithstanding sections 1152 and 1153, no person subject to the criminal
jurisdiction of an Indian tribal government shall be subject to a capital
sentence under this chapter for any offense the Federal jurisdiction for
which is predicated solely on Indian country (as defined in section 1151 of
this title) and which has occurred within the boundaries of Indian country,
unless the governing body of the tribe has elected that this chapter have
effect over land and persons subject to its criminal jurisdiction.".

  (b) TECHNICAL AMENDMENT.-The part analysis for part II of title 18, United
States Code, is amended by inserting after the item relating to chapter 227
the following new item:


"228. Death sentence     3591".

                                                                   [pH8819]

  SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.

  (a) CONFORMING CHANGES IN TITLE 18.-Title 18, United States Code, is
amended as follows:

  (1) AIRCRAFT AND MOTOR VEHICLES.-Section 34 of title 18, United States
Code, is amended by striking the comma after "imprisonment for life",
inserting a period, and striking the remainder of the section.

  (2) ESPIONAGE.-Section 794(a) of title 18, United States Code, is amended
by striking the period at the end of the section and inserting ", except that
the sentence of death shall not be imposed unless the jury or, if there is no
jury, the court, further finds that the offense resulted in the
identification by a foreign power (as defined in section 101(a) of the
Foreign Intelligence Surveillance Act of 1978) of an individual acting as an
agent of the United States and consequently in the death of that individual,
or directly concerned nuclear weaponry, military spacecraft or satellites,
early warning systems, or other means of defense or retaliation against
large-scale attack; war plans; communications intelligence or cryptographic
information; or any other major weapons system or major element of defense
strategy.".

  (3) EXPLOSIVE MATERIALS.-(A) Section 844(d) of title 18, United States
Code, is amended by striking "as provided in section 34 of this title".

  (B) Section 844(f) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".

  (C) Section 844(i) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".

  (4) MURDER.-The second undesignated paragraph of section 1111(b) of title
18, United States Code, is amended to read as follows:

  "Whoever is guilty of murder in the first degree shall be punished by
death or by imprisonment for life;".

  (5) KILLING OF FOREIGN OFFICIAL.-Section 1116(a) of title 18, United
States Code, is amended by striking "any such person who is found guilty of
murder in the first degree shall be sentenced to imprisonment for life, and".

  (6) KIDNAPPING.-Section 1201(a) of title 18, United States Code, is
amended by inserting after "or for life" the following: "and, if the death of
any person results, shall be punished by death or life imprisonment".

  (7) NONMAILABLE INJURIOUS ARTICLES.-The last paragraph of section 1716 of
title 18, United States Code, is amended by striking the comma
after "imprisonment for life" and inserting a period and striking the
remainder of the paragraph.

  (8) WRECKING TRAINS.-The second to the last undesignated paragraph of
section 1992 of title 18, United States Code, is amended by striking the
comma after "imprisonment for life", inserting a period, and striking the
remainder of the section.

  (9) BANK ROBBERY.-Section 2113(e) of title 18, United States Code, is
amended by striking "or punished by death if the verdict of the jury shall so
direct" and inserting "or if death results shall be punished by death or life
imprisonment".

  (10) HOSTAGE TAKING.-Section 1203(a) of title 18, United States Code, is
amended by inserting after "or for life" the following: "and, if the death of
any person results, shall be punished by death or life imprisonment".

  (11) MURDER FOR HIRE.-Section 1958 of title 18, United States Code, is
amended by striking "and if death results, shall be subject to imprisonment
for any term of years or for life, or shall be fined not more than $50,000,
or both" and inserting "and if death results, shall be punished by death or
life imprisonment, or shall be fined not more than $250,000, or both".

  (12) RACKETEERING.-Section 1959(a)(1) of title 18, United States Code, is
amended to read as follows:

  "(1) for murder, by death or life imprisonment, or a fine of not more
than $250,000, or both; and for kidnapping, by imprisonment for any term of
years or for life, or a fine of not more than $250,000, or both;".

  (13) GENOCIDE.-Section 1091(b)(1) of title 18, United States Code, is
amended by striking "a fine of not more than $1,000,000 or imprisonment for
life," and inserting ", where death results, by death or imprisonment for
life and a fine of not more than $1,000,000, or both;".

  (14) CARJACKING.-Section 2119(3) of title 18, United States Code, is
amended by striking the period after "both" and inserting ", or sentenced to
death."; and by striking ", possessing a firearm as defined in section 921 of
this title," and inserting ", with the intent to cause death or serious
bodily harm".

  (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.-Chapter 465 of
title 49, United States Code, is amended-

  (1) in the chapter analysis by striking "Death penalty sentencing
procedure for aircraft piracy" and inserting "Repealed"; and

  (2) by striking section 46503.
  SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

  Chapter 228 of title 18, United States Code, as added by this title, shall
not apply to prosecutions under the Uniform Code of Military Justice (10
U.S.C. 801).
  SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.

  (a) IN GENERAL.-Chapter 51 of title 18, United States Code, is amended by
adding at the end the following new section:
  "1118. Murder by a Federal prisoner

  "(a) OFFENSE.-A person who, while confined in a Federal correctional
institution under a sentence for a term of life imprisonment, commits the
murder of another shall be punished by death or by life imprisonment.

  "(b) DEFINITIONS.-In this section-

  "`Federal correctional institution' means any Federal prison, Federal
correctional facility, Federal community program center, or Federal halfway
house.

  "`murder' means a first degree or second degree murder (as defined in
section 1111).

  "`term of life imprisonment' means a sentence for the term of natural
life, a sentence commuted to natural life, an indeterminate term of a minimum
of at least fifteen years and a maximum of life, or an unexecuted sentence of
death.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 51 of title 18,
United States Code, is amended by adding at the end the following new item:



"1118. Murder by a Federal prisoner.".

  SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

  (a) CONSPIRACY AGAINST RIGHTS.-Section 241 of title 18, United States
Code, is amended by striking the period at the end of the last sentence and
inserting ", or may be sentenced to death.".

  (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-Section 242 of title 18,
United States Code, is amended by striking the period at the end of the last
sentence and inserting ", or may be sentenced to death.".

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

  (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF
RELIGIOUS RIGHTS.-Section 247(c)(1) of title 18, United States Code, is
amended by inserting ", or may be sentenced to death" after "or both".
  SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.

  Section 1114 of title 18, United States Code, is amended by
striking "punished as provided under sections 1111 and 1112 of this title,"
and inserting "punished, in the case of murder, as provided under section
1111, or, in the case of manslaughter, as provided under section 1112.".
  SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER
DRUG CONSPIRACIES.

  (a) SHORT TITLE.-This section may be cited as the "Drive-By Shooting
Prevention Act of 1994".

  (b) IN GENERAL.-Chapter 2 of title 18, United States Code, is amended by
adding at the end the following new section:
  "36. Drive-by shooting

  "(a) DEFINITION.-In this section, `major drug offense' means-

  "(1) a continuing criminal enterprise punishable under section 403(c) of
the Controlled Substances Act (21 U.S.C. 848(c));

  "(2) a conspiracy to distribute controlled substances punishable under
section 406 of the Controlled Substances Act (21 U.S.C. 846) section 1013 of
the Controlled Substances Import and Export Control Act (21 U.S.C. 963); or

  "(3) an offense involving major quantities of drugs and punishable under
section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)).

  "(b) OFFENSE AND PENALTIES.-(1) A person who, in furtherance or to escape
detection of a major drug offense and with the intent to intimidate, harass,
injure, or maim, fires a weapon into a group of two or more persons and who,
in the course of such conduct, causes grave risk to any human life shall be
punished by a term of no more than 25 years, by fine under this title, or
both.

  "(2) A person who, in furtherance or to escape detection of a major drug
offense and with the intent to intimidate, harass, injure, or maim, fires a
weapon into a group of 2 or more persons and who, in the course of such
conduct, kills any person shall, if the killing-

  "(A) is a first degree murder (as defined in section 1111(a)), be punished
by death or imprisonment for any term of years or for life, fined under this
title, or both; or

  "(B) is a murder other than a first degree murder (as defined in section
1111(a)), be fined under this title, imprisoned for any term of years or for
life, or both.".

  (c) TECHNICAL AMENDMENT.-The chapter analysis for chapter 2 of title 18,
United States Code, is amended by adding at the end the following new item:



"36. Drive-by shooting.".

  SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.

  (a) IN GENERAL.-Chapter 51 of title 18, United States Code, as amended by
section 60005(a), is amended by adding at the end the following new section:
  "1119. Foreign murder of United States nationals

  "(a) DEFINITION.-In this section, `national of the United States' has the
meaning stated in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)).

  "(b) OFFENSE.-A person who, being a national of the United States, kills
or attempts to kill a national of the United States while such national is
outside the United States but within the jurisdiction of another country
shall be punished as provided under sections 1111, 1112, and 1113.

  "(c) LIMITATIONS ON PROSECUTION.-(1) No prosecution may be instituted
against any person under this section except upon the written approval of the
Attorney General, the Deputy Attorney General, or an Assistant Attorney
General, which function of approving prosecutions may not be delegated. No
prosecution shall be approved if prosecution has been previously undertaken
by a foreign country for the same conduct.

  "(2) No prosecution shall be approved under this section unless the
Attorney General, in consultation with the Secretary of State, determines
that the conduct took place in a country in which the person is no longer
present, and the country lacks the ability to lawfully secure the person's
return. A determination by the Attorney General under this paragraph is not
subject to judicial review.".

  (b) TECHNICAL AMENDMENTS.-(1) Section 1117 of title 18, United States
Code, is amended by striking "or 1116" and inserting "1116, or 1119".

  (2) The chapter analysis for chapter 51 of title 18, United States Code,
as amended by section 60005(a), is amended by adding at the end the following
new item:



"1119. Foreign murder of United States nationals.".

                                                                   [pH8820]

  SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

  (a) OFFENSE.-Chapter 109A of title 18, United States Code, is amended-

  (1) by redesignating section 2245 as section 2246; and

  (2) by inserting after section 2244 the following new section:
  "2245. Sexual abuse resulting in death

  "A person who, in the course of an offense under this chapter, engages in
conduct that results in the death of a person, shall be punished by death or
imprisoned for any term of years or for life.".

  (b) TECHNICAL AMENDMENTS.-The chapter analysis for chapter 109A of title
18, United States Code, is amended by striking the item for section 2245 and
inserting the following:



"2245. Sexual abuse resulting in death.
"2246. Definitions for chapter.".

  SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.

  Section 2251(d) of title 18, United States Code, is amended by adding at
the end the following: "Whoever, in the course of an offense under this
section, engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.".
  SEC. 60012. MURDER BY ESCAPED PRISONERS.

  (a) IN GENERAL.-Chapter 51 of title 18, United States Code, as amended by
section 60009(a), is amended by adding at the end the following new section:
  "1120. Murder by escaped prisoners

  "(a) DEFINITION.-In this section, `Federal prison' and `term of life
imprisonment' have the meanings stated in section 1118.

  "(b) OFFENSE AND PENALTY.-A person, having escaped from a Federal prison
where the person was confined under a sentence for a term of life
imprisonment, kills another shall be punished as provided in sections 1111
and 1112.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 51 of title 18,
United States Code, as amended by section 60009(b)(2), is amended by adding
at the end the following new item:



"1120. Murder by escaped prisoners.".

  SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF
VIOLENCE AND DRUG TRAFFICKING CRIMES.

  Section 924 of title 18, United States Code, is amended by adding at the
end the following new subsection:

  "(i) A person who, in the course of a violation of subsection (c), causes
the death of a person through the use of a firearm, shall-

  "(1) if the killing is a murder (as defined in section 1111), be punished
by death or by imprisonment for any term of years or for life; and

  "(2) if the killing is manslaughter (as defined in section 1112), be
punished as provided in that section.".
  SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN
FEDERAL FACILITIES.

  Section 930 of title 18, United States Code, is amended-

  (1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;

  (2) in subsection (a) by striking "(c)" and inserting "(d)"; and

  (3) by inserting after subsection (b) the following new subsection:

  "(c) A person who kills or attempts to kill any person in the course of a
violation of subsection (a) or (b), or in the course of an attack on a
Federal facility involving the use of a firearm or other dangerous weapon,
shall be punished as provided in sections 1111, 1112, and 1113.".
  SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS
ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE CORRECTIONAL OFFICERS.

  (a) IN GENERAL.-Chapter 51 of title 18, United States Code, as amended by
section 60012(a), is amended by adding at the end the following new section:
  " 1121. Killing persons aiding Federal investigations or State
correctional officers

  "(a) Whoever intentionally kills-

  "(1) a State or local official, law enforcement officer, or other officer
or employee while working with Federal law enforcement officials in
furtherance of a Federal criminal investigation-

  "(A) while the victim is engaged in the performance of official duties;

  "(B) because of the performance of the victim's official duties; or

  "(C) because of the victim's status as a public servant; or

  "(2) any person assisting a Federal criminal investigation, while that
assistance is being rendered and because of it,

  shall be sentenced according to the terms of section 1111, including by
sentence of death or by imprisonment for life.

  "(b)(1) Whoever, in a circumstance described in paragraph (3) of this
subsection, while incarcerated, intentionally kills any State correctional
officer engaged in, or on account of the performance of such officer's
official duties, shall be sentenced to a term of imprisonment which shall not
be less than 20 years, and may be sentenced to life imprisonment or death.

  "(2) As used in this section, the term, `State correctional officer'
includes any officer or employee of any prison, jail, or other detention
facility, operated by, or under contract to, either a State or local
governmental agency, whose job responsibilities include providing for the
custody of incarcerated individuals.

  "(3) The circumstance referred to in paragraph (1) is that-

  "(A) the correctional officer is engaged in transporting the incarcerated
person interstate; or

  "(B) the incarcerated person is incarcerated pursuant to a conviction for
an offense against the United States.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 51 of title 18,
United States Code, as amended by section 60012(b), is amended by adding at
the end the following new item:



"1121. Killing persons aiding Federal investigations or State correctional
officers.".

  SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.

  Section 1503 of title 18, United States Code, is amended-

  (1) by inserting "(a)" before "Whoever";

  (2) by striking "fined not more than $5,000 or imprisoned not more than
five years, or both." and inserting "punished as provided in
subsection (b).";

  (3) by adding at the end the following new subsection:

  "(b) The punishment for an offense under this section is-

  "(1) in the case of a killing, the punishment provided in sections 1111
and 1112;

  "(2) in the case of an attempted killing, or a case in which the offense
was committed against a petit juror and in which a class A or B felony was
charged, imprisonment for not more than 20 years, a fine under this title, or
both; and

  "(3) in any other case, imprisonment for not more than 10 years, a fine
under this title, or both."; and

  (4) in subsection (a), as designated by paragraph (1), by
striking "commissioner" each place it appears and inserting "magistrate
judge".
  SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, AND
INFORMANTS.

  Section 1513 of title 18, United States Code, is amended-

  (1) by redesignating subsections (a) and (b) as subsections (b) and (c),
respectively; and

  (2) by inserting after the section heading the following new subsection:

  "(a)(1) Whoever kills or attempts to kill another person with intent to
retaliate against any person for-

  "(A) the attendance of a witness or party at an official proceeding, or
any testimony given or any record, document, or other object produced by a
witness in an official proceeding; or

  "(B) providing to a law enforcement officer any information relating to
the commission or possible commission of a Federal offense or a violation of
conditions of probation, parole, or release pending judicial proceedings,

  shall be punished as provided in paragraph (2).

  "(2) The punishment for an offense under this subsection is-

  "(A) in the case of a killing, the punishment provided in sections 1111
and 1112; and

  "(B) in the case of an attempt, imprisonment for not more than 20 years.".
  SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

  Section 1512(a)(2)(A) of title 18, United States Code, is amended to read
as follows:

  "(A) in the case of murder (as defined in section 1111), the death penalty
or imprisonment for life, and in the case of any other killing, the
punishment provided in section 1112;".
  SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.

  (a) IN GENERAL.-Chapter 111 of title 18, United States Code, is amended by
adding at the end the following new sections:
  "2280. Violence against maritime navigation

  "(a) OFFENSES.-

  "(1) IN GENERAL.-A person who unlawfully and intentionally-

  "(A) seizes or exercises control over a ship by force or threat thereof or
any other form of intimidation;

  "(B) performs an act of violence against a person on board a ship if that
act is likely to endanger the safe navigation of that ship;

  "(C) destroys a ship or causes damage to a ship or to its cargo which is
likely to endanger the safe navigation of that ship;

  "(D) places or causes to be placed on a ship, by any means whatsoever, a
device or substance which is likely to destroy that ship, or cause damage to
that ship or its cargo which endangers or is likely to endanger the safe
navigation of that ship;

  "(E) destroys or seriously damages maritime navigational facilities or
seriously interferes with their operation, if such act is likely to endanger
the safe navigation of a ship;

  "(F) communicates information, knowing the information to be false and
under circumstances in which such information may reasonably be believed,
thereby endangering the safe navigation of a ship;

  "(G) injures or kills any person in connection with the commission or the
attempted commission of any of the offenses set forth in subparagraphs (A)
through (F); or

  "(H) attempts to do any act prohibited under subparagraphs (A)
through (G),

  shall be fined under this title, imprisoned not more than 20 years, or
both; and if the death of any person results from conduct prohibited by this
paragraph, shall be punished by death or imprisoned for any term of years or
for life.

  "(2) THREAT TO NAVIGATION.-A person who threatens to do any act prohibited
under paragraph (1) (B), (C) or (E), with apparent determination and will to
carry the threat into execution, if the threatened act is likely to endanger
the safe navigation of the ship in question, shall be fined under this title,
imprisoned not more than 5 years, or both.

  "(b) JURISDICTION.-There is jurisdiction over the activity prohibited in
subsection (a)-

  "(1) in the case of a covered ship, if-

  "(A) such activity is committed-

"(i) against or on board a ship flying the flag of the United States at the
time the prohibited activity is committed;

"(ii) in the United States and the activity is not prohibited as a crime by
the State in which the activity takes place; or

"(iii) the activity takes place on a ship flying the flag of a foreign
country or outside the United States, by a national of the United States or
by a stateless person whose habitual residence is in the United States;

  "(B) during the commission of such activity, a national of the United
States is seized, threatened, injured or killed; or

  "(C) the offender is later found in the United States after such activity
is committed;

  "(2) in the case of a ship navigating or scheduled to navigate solely
within the territorial sea or internal waters of a country other than the
United States, if the offender is later found in the United States after such
activity is committed; and

  "(3) in the case of any vessel, if such activity is committed in an
attempt to compel the United States to do or abstain from doing any act.

  "(c) BAR TO PROSECUTION.-It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that the
conduct involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term `labor dispute' has the
meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29
U.S.C. 113(c)).

  "(d) DELIVERY OF SUSPECTED OFFENDER.-The master of a covered ship flying
the flag of the United States who has reasonable grounds to believe that
there is on board that ship any person who has committed an offense under
Article 3 of the Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation may deliver such person to the authorities of a
State Party to that Convention. Before delivering such person to the
authorities of another country, the master shall notify in an appropriate
manner the Attorney General of the United States of the alleged offense and
await instructions from the Attorney General as to what action to take. When
delivering the person to a country which is a State Party to the Convention,
the master shall, whenever practicable, and if possible before entering the
territorial sea of such country, notify the authorities of such country of
the master's intention to deliver such person and the reasons therefor. If
the master delivers such person, the master shall furnish to the authorities
of such country the evidence in the master's possession that pertains to the
alleged offense.

  "(e) DEFINITIONS.-In this section-

  "`covered ship' means a ship that is navigating or is scheduled to
navigate into, through or from waters beyond the outer limit of the
territorial sea of a single country or a lateral limit of that country's
territorial sea with an adjacent country.

  "`national of the United States' has the meaning stated in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

  "`territorial sea of the United States' means all waters extending seaward
to 12 nautical miles from the baselines of the United States determined in
accordance with international law.

  "`ship' means a vessel of any type whatsoever not permanently attached to
the sea-bed, including dynamically supported craft, submersibles or any other
floating craft, but does not include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or for customs or police
purposes, or a ship which has been withdrawn from navigation or laid up.

  "`United States', when used in a geographical sense, includes the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands
and all territories and possessions of the United States.
                                                                   [pH8821]

  "2281. Violence against maritime fixed platforms

  "(a) OFFENSES.-

  "(1) IN GENERAL.-A person who unlawfully and intentionally-

  "(A) seizes or exercises control over a fixed platform by force or threat
thereof or any other form of intimidation;

  "(B) performs an act of violence against a person on board a fixed
platform if that act is likely to endanger its safety;

  "(C) destroys a fixed platform or causes damage to it which is likely to
endanger its safety;

  "(D) places or causes to be placed on a fixed platform, by any means
whatsoever, a device or substance which is likely to destroy that fixed
platform or likely to endanger its safety;

  "(E) injures or kills any person in connection with the commission or the
attempted commission of any of the offenses set forth in subparagraphs (A)
through (D); or

  "(F) attempts to do anything prohibited under subparagraphs (A)
through (E),

  shall be fined under this title, imprisoned not more than 20 years, or
both; and if death results to any person from conduct prohibited by this
paragraph, shall be punished by death or imprisoned for any term of years or
for life.

  "(2) THREAT TO SAFETY.-A person who threatens to do anything prohibited
under paragraph (1) (B) or (C), with apparent determination and will to carry
the threat into execution, if the threatened act is likely to endanger the
safety of the fixed platform, shall be fined under this title, imprisoned not
more than 5 years, or both.

  "(b) JURISDICTION.-There is jurisdiction over the activity prohibited in
subsection (a) if-

  "(1) such activity is committed against or on board a fixed platform-

  "(A) that is located on the continental shelf of the United States;

  "(B) that is located on the continental shelf of another country, by a
national of the United States or by a stateless person whose habitual
residence is in the United States; or

  "(C) in an attempt to compel the United States to do or abstain from doing
any act;

  "(2) during the commission of such activity against or on board a fixed
platform located on a continental shelf, a national of the United States is
seized, threatened, injured or killed; or

  "(3) such activity is committed against or on board a fixed platform
located outside the United States and beyond the continental shelf of the
United States and the offender is later found in the United States.

  "(c) BAR TO PROSECUTION.-It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that the
conduct involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term `labor dispute' has the
meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29
U.S.C. 113(c)).

  "(d) DEFINITIONS.-In this section-

  "`continental shelf' means the sea-bed and subsoil of the submarine areas
that extend beyond a country's territorial sea to the limits provided by
customary international law as reflected in Article 76 of the 1982 Convention
on the Law of the Sea.

  "`fixed platform' means an artificial island, installation or structure
permanently attached to the sea-bed for the purpose of exploration or
exploitation of resources or for other economic purposes.

  "`national of the United States' has the meaning stated in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

  "`territorial sea of the United States' means all waters extending seaward
to 12 nautical miles from the baselines of the United States determined in
accordance with international law.

  "`United States', when used in a geographical sense, includes the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands
and all territories and possessions of the United States.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 111 of title 18,
United States Code, is amended by adding at the end the following new items:

  "2280. Violence against maritime navigation.

  "2281. Violence against maritime fixed platforms.".

  (c) EFFECTIVE DATES.-This section and the amendments made by this section
shall take effect on the later of-

  (1) the date of the enactment of this Act; or

  (2)(A) in the case of section 2280 of title 18, United States Code, the
date the Convention for the Suppression of Unlawful Acts Against the Safety
of Maritime Navigation has come into force and the United States has become a
party to that Convention; and

  (B) in the case of section 2281 of title 18, United States Code, the date
the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed
Platforms Located on the Continental Shelf has come into force and the United
States has become a party to that Protocol.
  SEC. 60020. TORTURE.

  Section 2340A(a) of title 18, United States Code, is amended by
inserting "punished by death or" before "imprisoned for any term of years or
for life.".
  SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

  (a) OFFENSE.-Chapter 2 of title 18, United States Code, as amended by
section 60008(b), is amended by adding at the end the following new section:
  "37. Violence at international airports

  "(a) OFFENSE.-A person who unlawfully and intentionally, using any device,
substance, or weapon-

  "(1) performs an act of violence against a person at an airport serving
international civil aviation that causes or is likely to cause serious bodily
injury (as defined in section 1365 of this title) or death; or

  "(2) destroys or seriously damages the facilities of an airport serving
international civil aviation or a civil aircraft not in service located
thereon or disrupts the services of the airport,

  if such an act endangers or is likely to endanger safety at that airport,
or attempts to do such an act, shall be fined under this title, imprisoned
not more than 20 years, or both; and if the death of any person results from
conduct prohibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.

  "(b) JURISDICTION.-There is jurisdiction over the prohibited activity in
subsection (a) if-

  "(1) the prohibited activity takes place in the United States; or

  "(2) the prohibited activity takes place outside the United States and the
offender is later found in the United States.

  "(c) It is a bar to Federal persecution under subsection (a) for conduct
that occurred within the United States that the conduct involved was during
or in relation to a labor dispute, and such conduct is prohibited as a felony
under the law of the State in which it was committed. For purposes of this
section, the term `labor dispute' has the meaning set forth in section 2(c)
of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 2 of title 18,
United States Code, as amended by section 60008(c), is amended by adding at
the end the following new item:



"37. Violence at international airports.".


  (c) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect
on the later of-

  (1) the date of enactment of this Act; or

  (2) the date on which the Protocol for the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil Aviation, Supplementary to
the Convention for the Suppression of Unlawful Acts Against the Safety of
Civil Aviation, done at Montreal on 23 September 1971, has come into force
and the United States has become a party to the Protocol.
                                                                   [pH8822]

  SEC. 60022. TERRORIST DEATH PENALTY ACT.

  Section 2332(a)(1) of title 18, United States Code is amended to read as
follows:

  "(1) if the killing is murder (as defined in section 1111(a)), be fined
under this title, punished by death or imprisonment for any term of years or
for life, or both;".
  SEC. 60023. WEAPONS OF MASS DESTRUCTION.

  (a) OFFENSE.-Chapter 113A of title 18, United States Code, is amended by
inserting after section 2332 the following new section:
  "2332a. Use of weapons of mass destruction

  "(a) OFFENSE.-A person who uses, or attempts or conspires to use, a weapon
of mass destruction-

  "(1) against a national of the United States while such national is
outside of the United States;

  "(2) against any person within the United States; or

  "(3) against any property that is owned, leased or used by the United
States or by any department or agency of the United States, whether the
property is within or outside of the United States,

  shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of years or
for life.

  "(b) DEFINITIONS.-For purposes of this section-

  "(1) the term `national of the United States' has the meaning given in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)); and

  "(2) the term `weapon of mass destruction' means-

  "(A) any destructive device as defined in section 921 of this title;

  "(B) poison gas;

  "(C) any weapon involving a disease organism; or

  "(D) any weapon that is designed to release radiation or radioactivity at
a level dangerous to human life.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 113A of title
18, United States Code, is amended by inserting after the item relating to
section 2332 the following:



"2332a. Use of weapons of mass destruction.".

  SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

  Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a))
is amended-

  (1) in paragraph (1)-

  (A) by striking "(1) Any person" and inserting "(1)(A) Any person";

  (B) by striking "(A) knowing" and inserting "(i) knowing";

  (C) by striking "(B) knowing" and inserting "(ii) knowing";

  (D) by striking "(C) knowing" and inserting "(iii) knowing";

  (E) by striking "(D) encourages" and inserting "(iv) encourages";

  (F) by striking "shall be fined in accordance with title 18, or imprisoned
not more than five years, or both, for each alien in respect to whom any
violation of this paragraph occurs" and inserting "shall be punished as
provided in subparagraph (B)"; and

  (G) by adding at the end the following new subparagraph:

  "(B) A person who violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs-

  "(i) in the case of a violation of subparagraph (A)(i), be fined under
title 18, United States Code, imprisoned not more than 10 years, or both;

  "(ii) in the case of a violation of subparagraph (A) (ii), (iii), or (iv),
be fined under title 18, United States Code, imprisoned not more than 5
years, or both;

  "(iii) in the case of a violation of subparagraph (A) (i), (ii), (iii),
or (iv) during and in relation to which the person causes serious bodily
injury (as defined in section 1365 of title 18, United States Code) to, or
places in jeopardy the life of, any person, be fined under title 18, United
States Code, imprisoned not more than 20 years, or both; and

  "(iv) in the case of a violation of subparagraph (A) (i), (ii), (iii),
or (iv) resulting in the death of any person, be punished by death or
imprisoned for any term of years or for life, fined under title 18, United
States Code, or both."; and

  (2) in paragraph (2) by striking "or imprisoned not more than five years,
or both" and inserting "or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the
case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more
than 5 years, or both.".
  SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

  Section 3432 of title 18, United States Code, is amended by inserting
before the period the following: ", except that such list of the veniremen
and witnesses need not be furnished if the court finds by a preponderance of
the evidence that providing the list may jeopardize the life or safety of any
person".
  SEC. 60026. APPOINTMENT OF COUNSEL.

  Section 3005 of title 18, United States Code, is amended by
striking "learned in the law" and all that follows through "He shall" and
inserting "; and the court before which the defendant is to be tried, or a
judge thereof, shall promptly, upon the defendant's request, assign 2 such
counsel, of whom at least 1 shall be learned in the law applicable to capital
cases, and who shall have free access to the accused at all reasonable hours.
In assigning counsel under this section, the court shall consider the
recommendation of the Federal Public Defender organization, or, if no such
organization exists in the district, of the Administrative Office of the
United States Courts. The defendant shall".

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

  SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES.

  Section 3559 of title 18, United States Code, is amended-

  (1) in subsection (b), by striking "An" and inserting "Except as provided
in subsection (c), an" in lieu thereof; and

  (2) by adding the following new subsection at the end:

  "(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.-

  "(1) MANDATORY LIFE IMPRISONMENT.-Notwithstanding any other provision of
law, a person who is convicted in a court of the United States of a serious
violent felony shall be sentenced to life imprisonment if-

  "(A) the person has been convicted (and those convictions have become
final) on separate prior occasions in a court of the United States or of a
State of-

"(i) 2 or more serious violent felonies; or

"(ii) one or more serious violent felonies and one or more serious drug
offenses; and

  "(B) each serious violent felony or serious drug offense used as a basis
for sentencing under this subsection, other than the first, was committed
after the defendant's conviction of the preceding serious violent felony or
serious drug offense.

  "(2) DEFINITIONS.-For purposes of this subsection-

  "(A) the term `assault with intent to commit rape' means an offense that
has as its elements engaging in physical contact with another person or using
or brandishing a weapon against another person with intent to commit
aggravated sexual abuse or sexual abuse (as described in sections 2241 and
2242);

  "(B) the term `arson' means an offense that has as its elements
maliciously damaging or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire or an explosive;

  "(C) the term `extortion' means an offense that has as its elements the
extraction of anything of value from another person by threatening or placing
that person in fear of injury to any person or kidnapping of any person;

  "(D) the term `firearms use' means an offense that has as its elements
those described in section 924(c) or 929(a), if the firearm was brandished,
discharged, or otherwise used as a weapon and the crime of violence or drug
trafficking crime during and relation to which the firearm was used was
subject to prosecution in a court of the United States or a court of a State,
or both;

  "(E) the term `kidnapping' means an offense that has as its elements the
abduction, restraining, confining, or carrying away of another person by
force or threat of force;

  "(F) the term `serious violent felony' means-

"(i) a Federal or State offense, by whatever designation and wherever
committed, consisting of murder (as described in section 1111); manslaughter
other than involuntary manslaughter (as described in section 1112); assault
with intent to commit murder (as described in section 113(a)); assault with
intent to commit rape; aggravated sexual abuse and sexual abuse (as described
in sections 2241 and 2242); abusive sexual contact (as described in sections
2244 (a)(1) and (a)(2)); kidnapping; aircraft piracy (as described in section
46502 of Title 49); robbery (as described in section 2111, 2113, or 2118);
carjacking (as described in section 2119); extortion; arson; firearms use; or
attempt, conspiracy, or solicitation to commit any of the above offenses; and

"(ii) any other offense punishable by a maximum term of imprisonment of 10
years or more that has as an element the use, attempted use, or threatened
use of physical force against the person of another or that, by its nature,
involves a substantial risk that physical force against the person of another
may be used in the course of committing the offense;

  "(G) the term `State' means a State of the United States, the District of
Columbia, and a commonwealth, territory, or possession of the United States;
and

  "(H) the term `serious drug offense' means-

"(i) an offense that is punishable under section 401(b)(1)(A) or 408 of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section
1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)(A)); or

"(ii) an offense under State law that, had the offense been prosecuted in a
court of the United States, would have been punishable under section
401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A),
848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(1)(A)).

  "(3) NONQUALIFYING FELONIES.-

  "(A) ROBBERY IN CERTAIN CASES.-Robbery, an attempt, conspiracy, or
solicitation to commit robbery; or an offense described in
paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this
subsection if the defendant establishes by clear and convincing evidence
that-

"(i) no firearm or other dangerous weapon was used in the offense and no
threat of use of a firearm or other dangerous weapon was involved in the
offense; and

"(ii) the offense did not result in death or serious bodily injury (as
defined in section 1365) to any person.

  "(B) ARSON IN CERTAIN CASES.-Arson shall not serve as a basis for
sentencing under this subsection if the defendant establishes by clear and
convincing evidence that-

"(i) the offense posed no threat to human life; and

"(ii) the defendant reasonably believed the offense posed no threat to human
life.

  "(4) INFORMATION FILED BY UNITED STATES ATTORNEY.-The provisions of
section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this subsection.

  "(5) RULE OF CONSTRUCTION.-This subsection shall not be construed to
preclude imposition of the death penalty.

  "(6) SPECIAL PROVISION FOR INDIAN COUNTRY.-No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject to this
subsection for any offense for which Federal jurisdiction is solely
predicated on Indian country (as defined in section 1151) and which occurs
within the boundaries of such Indian country unless the governing body of the
tribe has elected that this subsection have effect over land and persons
subject to the criminal jurisdiction of the tribe.

  "(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION.-If the conviction
for a serious violent felony or serious drug offense that was a basis for
sentencing under this subsection is found, pursuant to any appropriate State
or Federal procedure, to be unconstitutional or is vitiated on the explicit
basis of innocence, or if the convicted person is pardoned on the explicit
basis of innocence, the person serving a sentence imposed under this
subsection shall be resentenced to any sentence that was available at the
time of the original sentencing.".
                                                                   [pH8823]

  SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.

  Section 3582(c)(1)(A) of title 18, United States Code, is amended-

  (1) so that the margin of the matter starting with "extraordinary" and
ending with "reduction" the first place it appears is indented an additional
two ems;

  (2) by inserting a one-em dash after "that" the second place it appears;

  (3) by inserting a semicolon after "reduction" the first place it appears;

  (4) by indenting the first line of the matter referred to in paragraph (1)
and designating that matter as clause (i); and

  (5) by inserting after such matter the following:

"(ii) the defendant is at least 70 years of age, has served at least 30
years in prison, pursuant to a sentence imposed under section 3559(c), for
the offense or offenses for which the defendant is currently imprisoned, and
a determination has been made by the Director of the Bureau of Prisons that
the defendant is not a danger to the safety of any other person or the
community, as provided under section 3142(g);".

          TITLE VIII-APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
                                CERTAIN CASES

  SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
CERTAIN CASES.

  (a) IN GENERAL.-Section 3553 of title 18, United States Code, is amended
by adding at the end the following new subsection:

  "(f) LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS IN CERTAIN
CASES.-Notwithstanding any other provision of law, in the case of an offense
under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C.
841, 844, 846) or section 1010 or 1013 of the Controlled Substances Import
and Export Act (21 U.S.C. 961, 963), the court shall impose a sentence
pursuant to guidelines promulgated by the United States Sentencing Commission
under section 994 of title 28 without regard to any statutory minimum
sentence, if the court finds at sentencing, after the Government has been
afforded the opportunity to make a recommendation, that-

  "(1) the defendant does not have more than 1 criminal history point, as
determined under the sentencing guidelines;

  "(2) the defendant did not use violence or credible threats of violence or
possess a firearm or other dangerous weapon (or induce another participant to
do so) in connection with the offense;

  "(3) the offense did not result in death or serious bodily injury to any
person;

  "(4) the defendant was not an organizer, leader, manager, or supervisor of
others in the offense, as determined under the sentencing guidelines and was
not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. 848;
and

  "(5) not later than the time of the sentencing hearing, the defendant has
truthfully provided to the Government all information and evidence the
defendant has concerning the offense or offenses that were part of the same
course of conduct or of a common scheme or plan, but the fact that the
defendant has no relevant or useful other information to provide or that the
Government is already aware of the information shall not preclude a
determination by the court that the defendant has complied with this
requirement.

  (b) SENTENCING COMMISSION AUTHORITY.-

  (1) IN GENERAL.-(A) The United States Sentencing Commission (referred to
in this subsection as the "Commission"), under section 994(a)(1) and (p) of
title 28-

  (i) shall promulgate guidelines, or amendments to guidelines, to carry out
the purposes of this section and the amendment made by this section; and

  (ii) may promulgate policy statements, or amendments to policy statements,
to assist in the application of this section and that amendment.

  (B) In the case of a defendant for whom the statutorily required minimum
sentence is 5 years, such guidelines and amendments to guidelines issued
under subparagraph (A) shall call for a guideline range in which the lowest
term of imprisonment is at least 24 months.

  (2) PROCEDURES.-If the Commission determines that it is necessary to do so
in order that the amendments made under paragraph (1) may take effect on the
effective date of the amendment made by subsection (a), the Commission may
promulgate the amendments made under paragraph (1) in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that section had not expired.

  (c) EFFECTIVE DATE AND APPLICATION.-The amendment made by subsection (a)
shall apply to all sentences imposed on or after the 10th day beginning after
the date of enactment of this Act.

                            TITLE IX-DRUG CONTROL


             Subtitle A-Enhanced Penalties and General Provisions

  SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.

  Section 1791 of title 18, United States Code, is amended-

  (1) in subsection (c), by inserting before "Any" the following new
sentence: "Any punishment imposed under subsection (b) for a violation of
this section involving a controlled substance shall be consecutive to any
other sentence imposed by any court for an offense involving such a
controlled substance.";

  (2) in subsection (d)(1)(A), by inserting after "a firearm or destructive
device" the following: "or a controlled substance in schedule I or II, other
than marijuana or a controlled substance referred to in subparagraph (C) of
this subsection";

  (3) in subsection (d)(1)(B), by inserting before "ammunition," the
following: "marijuana or a controlled substance in schedule III, other than a
controlled substance referred to in subparagraph (C) of this subsection,";

  (4) in subsection (d)(1)(C), by inserting "methamphetamine, its salts,
isomers, and salts of its isomers," after "a narcotic drug,";

  (5) in subsection (d)(1)(D), by inserting "(A), (B), or" before "(C)"; and


  (6) in subsection (b), by striking "(c)" each place it appears and
inserting "(d)".
  SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN "DRUG-FREE" ZONES.

  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement for a defendant convicted of
violating section 419 of the Controlled Substances Act (21 U.S.C. 860).
  SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS AND
FOR SMUGGLING DRUGS INTO FEDERAL PRISONS.

  (a) DECLARATION OF POLICY.-It is the policy of the Federal Government that
the use or distribution of illegal drugs in the Nation's Federal prisons will
not be tolerated and that such crimes shall be prosecuted to the fullest
extent of the law.

  (b) SENTENCING GUIDELINES.-Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing Commission shall
amend its sentencing guidelines to appropriately enhance the penalty for a
person convicted of an offense-

  (1) under section 404 of the Controlled Substances Act involving simple
possession of a controlled substance within a Federal prison or other Federal
detention facility; or

  (2) under section 401(b) of the Controlled Substances Act involving the
smuggling of a controlled substance into a Federal prison or other Federal
detention facility or the distribution or intended distribution of a
controlled substance within a Federal prison or other Federal detention
facility.

  (c) NO PROBATION.-Notwithstanding any other law, the court shall not
sentence a person convicted of an offense described in subsection (b) to
probation.
  SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER RICO.

  Section 1961(1) of title 18, United States Code, is amended by
striking "narcotic or other dangerous drugs" each place it appears and
inserting "a controlled substance or listed chemical (as defined in section
102 of the Controlled Substances Act)".
  SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF THE
CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND EXPORT
ACT.

  (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances
Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (1), (2),
and (3) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b) (1), (2), and (3)) are each amended in the sentence or sentences
beginning "If any person commits" by striking "one or more prior convictions"
through "have become final" and inserting "a prior conviction for a felony
drug offense has become final".

  (b) Section 1012(b) of the Controlled Substances Import and Export Act (21
U.S.C. 962(b)) is amended by striking "one or more prior convictions of him
for a felony under any provision of this title or title II or other law of a
State, the United States, or a foreign country relating to narcotic drugs,
marihuana, or depressant or stimulant drugs, have become final" and
inserting "one or more prior convictions of such person for a felony drug
offense have become final".

  (c) Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) is amended by striking the sentence beginning "For purposes of
this subparagraph, the term `felony drug offense' means".

  (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended by adding at the end the following new paragraph:

  "(43) The term `felony drug offense' means an offense that is punishable
by imprisonment for more than one year under any law of the United States or
of a State or foreign country that prohibits or restricts conduct relating to
narcotic drugs, marihuana, or depressant or stimulant substances.".
                                                                   [pH8824]

  SEC. 90106. ADVERTISING.

  Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended-

  (1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and

  (2) by inserting after subsection (b) the following new subsection:

  "(c) It shall be unlawful for any person to place in any newspaper,
magazine, handbill, or other publications, any written advertisement knowing
that it has the purpose of seeking or offering illegally to receive, buy, or
distribute a Schedule I controlled substance. As used in this section the
term `advertisement' includes, in addition to its ordinary meaning, such
advertisements as those for a catalog of Schedule I controlled substances and
any similar written advertisement that has the purpose of seeking or offering
illegally to receive, buy, or distribute a Schedule I controlled substance.
The term `advertisement' does not include material which merely advocates the
use of a similar material, which advocates a position or practice, and does
not attempt to propose or facilitate an actual transaction in a Schedule I
controlled substance.".
  SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.

  (a) DEFINITIONS.-In this section-

  "major violent crime or drug-related emergency" means an occasion or
instance in which violent crime, drug smuggling, drug trafficking, or drug
abuse violence reaches such levels, as determined by the President, that
Federal assistance is needed to supplement State and local efforts and
capabilities to save lives, and to protect property and public health and
safety.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.

  (b) DECLARATION OF VIOLENT CRIME AND DRUG EMERGENCY AREAS.-If a major
violent crime or drug-related emergency exists throughout a State or a part
of a State, the President may declare the State or part of a State to be a
violent crime or drug emergency area and may take appropriate actions
authorized by this section.

  (c) PROCEDURE.-

  (1) IN GENERAL.-A request for a declaration designating an area to be a
violent crime or drug emergency area shall be made, in writing, by the chief
executive officer of a State or local government, respectively (or in the
case of the District of Columbia, the mayor), and shall be forwarded to the
Attorney General in such form as the Attorney General may by regulation
require. One or more cities, counties, States, or the District of Columbia
may submit a joint request for designation as a major violent crime or drug
emergency area under this subsection.

  (2) FINDING.-A request made under paragraph (1) shall be based on a
written finding that the major violent crime or drug-related emergency is of
such severity and magnitude that Federal assistance is necessary to ensure an
effective response to save lives and to protect property and public health
and safety.

  (d) IRRELEVANCY OF POPULATION DENSITY.-The President shall not limit
declarations made under this section to highly populated centers of violent
crime or drug trafficking, drug smuggling, or drug use, but shall also
consider applications from governments of less populated areas where the
magnitude and severity of such activities is beyond the capability of the
State or local government to respond.

  (e) REQUIREMENTS.-As part of a request for a declaration under this
section, and as a prerequisite to Federal violent crime or drug emergency
assistance under this section, the chief executive officer of a State or
local government shall-

  (1) take appropriate action under State or local law and furnish
information on the nature and amount of State and local resources that have
been or will be committed to alleviating the major violent crime- or
drug-related emergency;

  (2) submit a detailed plan outlining that government's short- and
long-term plans to respond to the violent crime or drug emergency, specifying
the types and levels of Federal assistance requested and including explicit
goals (including quantitative goals) and timetables; and

  (3) specify how Federal assistance provided under this section is intended
to achieve those goals.

  (f) REVIEW PERIOD.-The Attorney General shall review a request submitted
pursuant to this section, and the President shall decide whether to declare a
violent crime or drug emergency area, within 30 days after receiving the
request.

  (g)  FEDERAL ASSISTANCE.-The President may-

  (1) direct any Federal agency, with or without reimbursement, to utilize
its authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, financial assistance, and
managerial, technical, and advisory services) in support of State and local
assistance efforts; and

  (2) provide technical and advisory assistance, including communications
support and law enforcement-related intelligence information.

  (h) DURATION OF FEDERAL ASSISTANCE.-

  (1) IN GENERAL.-Federal assistance under this section shall not be
provided to a violent crime or drug emergency area for more than 1 year.

  (2) EXTENSION.-The chief executive officer of a jurisdiction may apply to
the President for an extension of assistance beyond 1 year. The President may
extend the provision of Federal assistance for not more than an additional
180 days.

  (i) REGULATIONS.-Not later than 120 days after the date of enactment of
this Act, the Attorney General shall issue regulations to implement this
section.

  (j) NO EFFECT ON EXISTING AUTHORITY.-Nothing in this section shall
diminish or detract from existing authority possessed by the President or
Attorney General.

           Subtitle B-NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS

  SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.

  (a) PROGRAM BUDGET.-Section 1003(c) of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1502(c)) is amended-

  (1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6), (7),
and (8), respectively; and

  (2) by inserting after paragraph (4) the following new paragraph:

  "(5) The Director shall request the head of a department or agency to
include in the department's or agency's budget submission to the Office of
Management and Budget funding requests for specific initiatives that are
consistent with the President's priorities for the National Drug Control
Strategy and certifications made pursuant to paragraph (3), and the head of
the department or agency shall comply with such a request.".

  (b) BUDGET RECOMMENDATION.-Section 1003(b) of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended-

  (1) by striking "and" at the end of paragraph (6);

  (2) by striking the period at the end of paragraph (7) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:

  "(8) provide, by July 1 of each year, budget recommendations to the heads
of departments and agencies with responsibilities under the National Drug
Control Program, which recommendations shall apply to the second following
fiscal year and address funding priorities developed in the annual National
Drug Control Strategy.".

  (c) CONTROL OF DRUG-RELATED RESOURCES.-Section 1003 of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended-

  (1) in subsection (d)-

  (A) by amending paragraph (2) to read as follows:

  "(2) request the head of a department or agency or program to place
department, agency, or program personnel who are engaged in drug control
activities on temporary detail to another department or agency in order to
implement the National Drug Control Strategy, and the head of the department
or agency shall comply with such a request;

  (B) by striking "and" at the end of paragraph (6);

  (C) by striking the period at the end of paragraph (7) and inserting a
semicolon; and

  (D) by adding after paragraph (7) the following new paragraphs:

  "(8) except to the extent that the Director's authority under this
paragraph is limited in an annual appropriations Act, transfer funds
appropriated to a National Drug Control Program agency account to a different
National Drug Control Program agency account in an amount that does not
exceed 2 percent of the amount appropriated to either account, upon advance
approval of the Committees on Appropriations of each House of Congress; and

  "(9) in order to ensure compliance with the National Drug Control Program,
issue to the head of a National Drug Control Program agency a funds control
notice described in subsection (f)."; and

  (2) by adding at the end the following new subsections:

  "(f) FUNDS CONTROL NOTICES.-(1) A funds control notice may direct that all
or part of an amount appropriated to the National Drug Control Program agency
account be obligated by-

  "(A) months, fiscal year quarters, or other time periods; and

  "(B) activities, functions, projects, or object classes.

  "(2) An officer or employee of a National Drug Control Program agency
shall not make or authorize an expenditure or obligation contrary to a funds
control notice issued by the Director.

  "(3) In the case of a violation of paragraph (2) by an officer or employee
of a National Drug Control Program agency, the head of the agency, upon the
request of and in consultation with the Director, may subject the officer or
employee to appropriate administrative discipline, including, when
circumstances warrant, suspension from duty without pay or removal from
office.".

  (d) CERTIFICATION OF ADEQUACY OF BUDGET REQUEST.-Section 1003(c)(3)(B) of
the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)(3)(B)) is
amended-

  (1) by inserting "in whole or in part" after "adequacy of such request";
and

  (2) by striking the semicolon at the end and inserting "and, with respect
to a request that is not certified as adequate to implement the objectives of
the National Drug Control Strategy, include in the certification an
initiative or funding level that would make the request adequate;".
                                                                   [pH8825]

  SEC. 90202. OFFICE PERSONNEL RESTRICTION.

  Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1502) is amended by adding at the end the following new subsection:

  "(f) PROHIBITION ON POLITICAL CAMPAIGNING.-A Federal officer in the Office
of National Drug Control Policy who is appointed by the President, by and
with the advice and consent of the Senate, may not participate in Federal
election campaign activities, except that such an official is not prohibited
by this subsection from making contributions to individual candidates.".
  SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.

  Section 1005(a) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1504(a)) is amended-

  (1) in paragraph (2)(A) by inserting "and the consequences of drug abuse"
after "drug abuse"; and

  (2) by amending paragraph (4) to read as follows:

  "(4) The Director shall include with each National Drug Control Strategy
an evaluation of the effectiveness of Federal drug control during the
preceding year. The evaluation shall include an assessment of Federal drug
control efforts, including-

  "(A) assessment of the reduction of drug use, including estimates of drug
prevalence and frequency of use as measured by national, State, and local
surveys of illicit drug use and by other special studies of-

"(i) high-risk populations, including school dropouts, the homeless and
transient, arrestees, parolees, and probationers, and juvenile delinquents;
and

"(ii) drug use in the workplace and the productivity lost by such use;

  "(B) assessment of the reduction of drug availability, as measured by-

"(i) the quantities of cocaine, heroin, and marijuana available for
consumption in the United States;

"(ii) the amount of cocaine and heroin entering the United States;

"(iii) the number of hectares of poppy and coca cultivated and destroyed;

"(iv) the number of metric tons of heroin and cocaine seized;

"(v) the number of cocaine processing labs destroyed;

"(vi) changes in the price and purity of heroin and cocaine;

"(vii) the amount and type of controlled substances diverted from legitimate
retail and wholesale sources; and

"(viii) the effectiveness of Federal technology programs at improving drug
detection capabilities at United States ports of entry;

  "(C) assessment of the reduction of the consequences of drug use and
availability, which shall include estimation of-

"(i) burdens drug users placed on hospital emergency rooms in the United
States, such as the quantity of drug-related services provided;

"(ii) the annual national health care costs of drug use, including costs
associated with people becoming infected with the human immunodeficiency
virus and other communicable diseases as a result of drug use;

"(iii) the extent of drug-related crime and criminal activity; and

"(iv) the contribution of drugs to the underground economy, as measured by
the retail value of drugs sold in the United States; and

  "(D) determination of the status of drug treatment in the United States,
by assessing-

"(i) public and private treatment capacity within each State, including
information on the number of treatment slots available in relation to the
number actually used, including data on intravenous drug users and pregnant
women;

"(ii) the extent, within each State, to which treatment is available, on
demand, to intravenous drug users and pregnant women;

"(iii) the number of drug users the Director estimates could benefit from
treatment; and

"(iv) the success of drug treatment programs, including an assessment of the
effectiveness of the mechanisms in place federally, and within each State, to
determine the relative quality of substance abuse treatment programs, the
qualifications of treatment personnel, and the mechanism by which patients
are admitted to the most appropriate and cost effective treatment setting.

  "(5) The Director shall include with the National Drug Control Strategy
required to be submitted not later than February 1, 1995, and with every
second such strategy submitted thereafter-

  "(A) an assessment of the quality of current drug use measurement
instruments and techniques to measure supply reduction and demand reduction
activities;

  "(B) an assessment of the adequacy of the coverage of existing national
drug use measurement instruments and techniques to measure the casual drug
user population and groups at-risk for drug use;

  "(C) an assessment of the actions the Director shall take to correct any
deficiencies and limitations identified pursuant to subparagraphs (A)
and (B); and

  "(D) identification of the specific factors that restrict the availability
of treatment services to those seeking it and proposed administrative or
legislative remedies to make treatment available to those individuals.

  "(6) Federal agencies responsible for the collection or estimation of
drug-related information required by the Director shall cooperate with the
Director, to the fullest extent possible, to enable the Director to satisfy
the requirements of sections 4 and 5.

  "(7) With each National Drug Control Strategy, the Director shall report
to the President and the Congress on the Director's assessment of drug use
and availability in the United States, including an estimate of the
effectiveness of interdiction, treatment, prevention, law enforcement, and
international programs under the National Drug Control Strategy in effect in
the preceding year in reducing drug use and availability.".
  SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

  (a) DRUG ABUSE ADDICTION AND REHABILITATION CENTER.-Section 1003A of the
National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1)) is amended-

  (1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and

  (2) by inserting after subparagraph (A) the following:

  "(B) in consultation with the National Institute on Drug Abuse, and
through interagency agreements or grants, examine addiction and
rehabilitation research and the application of technology to expanding the
effectiveness or availability of drug treatment;".

  (b) ASSISTANCE FROM THE ADVANCED RESEARCH PROJECT AGENCY.-Section 1003A of
the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a) is amended by
adding at the end the following:

  "(f) ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG CONTROL POLICY.-The
Director of the Advanced Research Project Agency shall, to the fullest extent
possible, render assistance and support to the Office of National Drug
Control Policy and its Director.".

  (c) REPEAL AND REDESIGNATION.-The National Narcotics Leadership Act of
1988 is amended by-

  (1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date of
the enactment of this Act;

  (2) redesignating section 1003A, as amended by subsection (b) of this
section, as section 1008; and

  (3) moving such section, as redesignated, so as to follow section 1007.
  SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.

  (a) DEPOSITS INTO SPECIAL FORFEITURE FUND.-Section 6073 of the Asset
Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended to read as
follows:

  "(b) DEPOSITS.-There shall be deposited into the Fund the amounts
specified by section 524(c)(9) of title 28, United States Code, and section
9307(g) of title 31, United States Code, and any earnings on the investments
authorized by subsection (d).".

  (b) TRANSFERS FROM DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.-Section
524(c)(9) of title 28, United States Code, is amended by amending
subparagraphs (B), (C), and (D) to read as follows:

  "(B) Subject to subparagraphs (C) and (D), at the end of each of fiscal
years 1994, 1995, 1996, and 1997, the Attorney General shall transfer from
the Fund not more than $100,000,000 to the Special Forfeiture Fund
established by section 6073 of the Anti-Drug Abuse Act of 1988.

  "(C) Transfers under subparagraph (B) may be made only from the excess
unobligated balance and may not exceed one-half of the excess unobligated
balance for any year. In addition, transfers under subparagraph (B) may be
made only to the extent that the sum of the transfers in a fiscal year and
one-half of the unobligated balance at the beginning of that fiscal year for
the Special Forfeiture Fund does not exceed $100,000,000.

  "(D) For the purpose of determining amounts available for distribution at
year end for any fiscal year, `excess unobligated balance' means the
unobligated balance of the Fund generated by that fiscal year's operations,
less any amounts that are required to be retained in the Fund to ensure the
availability of amounts in the subsequent fiscal year for purposes authorized
under paragraph (1).".

  (c) TRANSFERS FROM DEPARTMENT OF THE TREASURY FORFEITURE FUND.- Section
9703(g) of title 31, United States Code, is amended-

  (1) in paragraph (3)-

  (A) by amending subparagraph (A) to read as follows:

  "(A) Subject to subparagraphs (B) and (C), at the end of each of fiscal
years 1994, 1995, 1996, and 1997, the Secretary shall transfer from the Fund
not more than $100,000,000 to the Special Forfeiture Fund established by
section 6073 of the Anti-Drug Abuse Act of 1988."; and

  (B) in subparagraph (B) by adding the following at the end: "Further,
transfers under subparagraph (A) may not exceed one-half of the excess
unobligated balance for a year. In addition, transfers under subparagraph (A)
may be made only to the extent that the sum of the transfers in a fiscal year
and one-half of the unobligated balance at the beginning of that fiscal year
for the Special Forfeiture Fund does not exceed $100,000,000."; and

  (2) in subparagraph (4)(A)-

  (A) in clause (i) by striking "(i)"; and

  (B) by striking clause (ii).

  (d) SURPLUS FUNDS.-Section 6073 of the Asset Forfeiture Amendments Act of
1988 (21 U.S.C. 1509) is amended-

  (1) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g), respectively; and

  (2) by inserting after subsection (b) the following new subsection:

  "(c) SUPER SURPLUS.-(1) Any unobligated balance up to $20,000,000
remaining in the Fund on September 30 of a fiscal year shall be available to
the Director, subject to paragraph (2), to transfer to, and for obligation
and expenditure in connection with drug control activities of, any Federal
agency or State or local entity with responsibilities under the National Drug
Control Strategy.

  "(2) A transfer may be made under paragraph (1) only with the advance
written approval of the Committees on Appropriations of each House of
Congress.".
                                                                   [pH8826]

  SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.

  Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1508) is amended by striking "4" and inserting "8".
  SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG CONTROL
POLICY.

  Section 1008(d)(1) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1502(d)(1)) is amended by striking "such" and inserting "up to 75 and
such additional".
  SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

  (a) REAUTHORIZATION.-Section 1009 of the National Narcotics Leadership Act
of 1988 (21 U.S.C. 1506) is amended by striking "the date which is 5 years
after the date of the enactment of this subtitle" and inserting "September
30, 1997".

  (b) CONTINUED EFFECTIVENESS.-The National Narcotics Leadership Act of
1988 (21 U.S.C. 1501 et seq.) shall be considered not to have been repealed
by operation of section 1009 of that Act, but shall remain in effect as if
the amendment made by subsection (a) had been included in that Act on the
date of its enactment.

                       TITLE X-DRUNK DRIVING PROVISIONS

  SEC. 100001. SHORT TITLE.

  This title may be cited as the "Drunk Driving Child Protection Act of
1994".
  SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.

  Section 13(b) of title 18, United States Code, is amended-

  (1) by striking "For purposes" and inserting "(1) Subject to paragraph (2)
and for purposes"; and

  (2) by adding at the end the following new paragraph:

  "(2)(A) In addition to any term of imprisonment provided for operating a
motor vehicle under the influence of a drug or alcohol imposed under the law
of a State, territory, possession, or district, the punishment for such an
offense under this section shall include an additional term of imprisonment
of not more than 1 year, or if serious bodily injury of a minor is caused,
not more than 5 years, or if death of a minor is caused, not more than 10
years, and an additional fine of not more than $1,000, or both, if-

  "(i) a minor (other than the offender) was present in the motor vehicle
when the offense was committed; and

  "(ii) the law of the State, territory, possession, or district in which
the offense occurred does not provide an additional term of imprisonment
under the circumstances described in clause (i).

  "(B) For the purposes of subparagraph (A), the term `minor' means a person
less than 18 years of age.".
  SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.

  Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751) is amended-

  (1) by striking "and" at the end of paragraph (20);

  (2) by striking the period at the end of paragraph (21) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:
  "(22) programs for the prosecution of driving while intoxicated charges
and the enforcement of other laws relating to alcohol use and the operation
of motor vehicles.".

                              TITLE XI-FIREARMS


                          Subtitle A-Assault Weapons

  SEC. 110101. SHORT TITLE.

  This subtitle may be cited as the "Public Safety and Recreational Firearms
Use Protection Act".

  SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF
CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

  (a) RESTRICTION.-Section 922 of title 18, United States Code, is amended
by adding at the end the following new subsection:

  "(v)(1) It shall be unlawful for a person to manufacture, transfer, or
possess a semiautomatic assault weapon.

  "(2) Paragraph (1) shall not apply to the possession or transfer of any
semiautomatic assault weapon otherwise lawfully possessed under Federal law
on the date of the enactment of this subsection.

  "(3) Paragraph (1) shall not apply to-

  "(A) any of the firearms, or replicas or duplicates of the firearms,
specified in Appendix A to this section, as such firearms were manufactured
on October 1, 1993;

  "(B) any firearm that-

  "(i) is manually operated by bolt, pump, lever, or slide action;

  "(ii) has been rendered permanently inoperable; or

  "(iii) is an antique firearm;

  "(C) any semiautomatic rifle that cannot accept a detachable magazine that
holds more than 5 rounds of ammunition; or

  "(D) any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine.

  The fact that a firearm is not listed in Appendix A shall not be construed
to mean that paragraph (1) applies to such firearm. No firearm exempted by
this subsection may be deleted from Appendix A so long as this subsection is
in effect.

  "(4) Paragraph (1) shall not apply to-

  "(A) the manufacture for, transfer to, or possession by the United States
or a department or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a transfer to or possession
by a law enforcement officer employed by such an entity for purposes of law
enforcement (whether on or off duty);

  "(B) the transfer to a licensee under title I of the Atomic Energy Act of
1954 for purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal law, or
possession by an employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized training or
transportation of nuclear materials;

  "(C) the possession, by an individual who is retired from service with a
law enforcement agency and is not otherwise prohibited from receiving a
firearm, of a semiautomatic assault weapon transferred to the individual by
the agency upon such retirement; or

  "(D) the manufacture, transfer, or possession of a semiautomatic assault
weapon by a licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Secretary.".

  (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON.-Section 921(a) of title
18, United States Code, is amended by adding at the end the following new
paragraph:

  "(30) The term `semiautomatic assault weapon' means-

  "(A) any of the firearms, or copies or duplicates of the firearms in any
caliber, known as-

  "(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);

  "(ii) Action Arms Israeli Military Industries UZI and Galil;

  "(iii) Beretta Ar70 (SC-70);

  "(iv) Colt AR-15;

  "(v) Fabrique National FN/FAL, FN/LAR, and FNC;

  "(vi) SWD M-10, M-11, M-11/9, and M-12;

  "(vii) Steyr AUG;

  "(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

  "(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;

  "(B) a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least 2 of-

  "(i) a folding or telescoping stock;

  "(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;

  "(iii) a bayonet mount;

  "(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor; and

  "(v) a grenade launcher;

  "(C) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least 2 of-

  "(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;

  "(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;

  "(iii) a shroud that is attached to, or partially or completely encircles,
the barrel and that permits the shooter to hold the firearm with the
nontrigger hand without being burned;

  "(iv) a manufactured weight of 50 ounces or more when the pistol is
unloaded; and

  "(v) a semiautomatic version of an automatic firearm; and

  "(D) a semiautomatic shotgun that has at least 2 of-

  "(i) a folding or telescoping stock;

  "(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;

  "(iii) a fixed magazine capacity in excess of 5 rounds; and

  "(iv) an ability to accept a detachable magazine.".

  (c) PENALTIES.-

  (1) VIOLATION OF SECTION 922(v).-Section 924(a)(1)(B) of such title is
amended by striking "or (q) of section 922" and inserting "(r), or (v) of
section 922".

  (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING
CRIME.-Section 924(c)(1) of such title is amended in the first sentence by
inserting ", or semiautomatic assault weapon," after "short-barreled
shotgun,".

  (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.-Section
923(i) of such title is amended by adding at the end the following: "The
serial number of any semiautomatic assault weapon manufactured after the date
of the enactment of this sentence shall clearly show the date on which the
weapon was manufactured.".
  SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

  (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended
by section 110102(a), is amended by adding at the end the following new
subsection:

  "(w)(1) Except as provided in paragraph (2), it shall be unlawful for a
person to transfer or possess a large capacity ammunition feeding device.

  "(2) Paragraph (1) shall not apply to the possession or transfer of any
large capacity ammunition feeding device otherwise lawfully possessed on or
before the date of the enactment of this subsection.

  "(3) This subsection shall not apply to-

  "(A) the manufacture for, transfer to, or possession by the United States
or a department or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a transfer to or possession
by a law enforcement officer employed by such an entity for purposes of law
enforcement (whether on or off duty);

  "(B) the transfer to a licensee under title I of the Atomic Energy Act of
1954 for purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal law, or
possession by an employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized training or
transportation of nuclear materials;

  "(C) the possession, by an individual who is retired from service with a
law enforcement agency and is not otherwise prohibited from receiving
ammunition, of a large capacity ammunition feeding device transferred to the
individual by the agency upon such retirement; or

  "(D) the manufacture, transfer, or possession of any large capacity
ammunition feeding device by a licensed manufacturer or licensed importer for
the purposes of testing or experimentation authorized by the Secretary.

  "(4) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not apply to such person because of paragraph (2) or (3),
the Government shall have the burden of proof to show that such paragraph (1)
applies to such person. The lack of a serial number as described in section
923(i) of title 18, United States Code, shall be a presumption that the large
capacity ammunition feeding device is not subject to the prohibition of
possession in paragraph (1).".

  (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.-Section 921(a)
of title 18, United States Code, as amended by section 110102(b), is amended
by adding at the end the following new paragraph:

  "(31) The term `large capacity ammunition feeding device'-

  "(A) means a magazine, belt, drum, feed strip, or similar device
manufactured after the date of enactment of the Violent Crime Control and Law
Enforcement Act of 1994 that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of ammunition; but

  "(B) does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition.".

  (c) PENALTY.-Section 924(a)(1)(B) of title 18, United States Code, as
amended by section 110102(c)(1), is amended by striking "or (v)" and
inserting "(v), or (w)".

  (d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING
DEVICES.-Section 923(i) of title 18, United States Code, as amended by
section 110102(d) of this Act, is amended by adding at the end the
following: "A large capacity ammunition feeding device manufactured after the
date of the enactment of this sentence shall be identified by a serial number
that clearly shows that the device was manufactured or imported after the
effective date of this subsection, and such other identification as the
Secretary may by regulation prescribe.".
                                                                   [pH8827]

  SEC. 110104. STUDY BY ATTORNEY GENERAL.

  (a) STUDY.-The Attorney General shall investigate and study the effect of
this subtitle and the amendments made by this subtitle, and in particular
shall determine their impact, if any, on violent and drug trafficking crime.
The study shall be conducted over a period of 18 months, commencing 12 months
after the date of enactment of this Act.

  (b) REPORT.-Not later than 30 months after the date of enactment of this
Act, the Attorney General shall prepare and submit to the Congress a report
setting forth in detail the findings and determinations made in the study
under subsection (a).
  SEC. 110105. EFFECTIVE DATE.

  This subtitle and the amendments made by this subtitle-

  (1) shall take effect on the date of the enactment of this Act; and

  (2) are repealed effective as of the date that is 10 years after that
date.
  SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.

  Section 922 of title 18, United States Code, is amended by adding at the
end the following appendix:




                                 "APPENDIX A


                        CENTERFIRE RIFLES-AUTOLOADERS

Browning BAR Mark II
Safari Semi-Auto Rifle
Browning BAR Mark II

Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300
Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th

Anniversary M-1 Carbine
Marlin Model 9 Camp
Carbine
Marlin Model 45 Carbine
Remington Nylon 66

Auto-Loading Rifle
Remington Model 7400
Auto Rifle
Remington Model 7400

Rifle
Remington Model 7400

Special Purpose Auto

Rifle
Ruger Mini-14
Autoloading Rifle (w/o
folding stock)
Ruger Mini Thirty Rifle


           CENTERFIRE RIFLES-LEVER & SLIDEBROWNING MODEL 81 BLR

                         Lever-Action Rifle
Browning Model 81 Long
Action BLR                Browning Model 1886
                                                  Lever-Action Carbine
Browning Model 1886 High
                         Grade Carbine
Cimarron 1860 Henry
Replica                   Cimarron 1866 Winchester
                                                  Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting
Rifle                     Cimarron 1873 30"
                                                  Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy
Lever Actions             E.M.F. 1860 Henry Rifle
E.M.F. Model 73
                         Lever-Action Rifle
Marlin Model 336CS
Lever-Action Carbine      Marlin Model 30AS
                                                  Lever-Action Carbine
Marlin Model 444SS
                         Lever-Action Sporter
Marlin Model 1894S
Lever-Action Carbine      Marlin Model 1894CS
                                                  Carbine
Marlin Model 1894CL
                         Classic
Marlin Model 1895SS
Lever-Action Rifle        Mitchell 1858 Henry
                                                  Replica
Mitchell 1866 Winchester
                         Replica
Mitchell 1873 Winchester
Replica                   Navy Arms Military Henry
                                                  Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame
Henry                     Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy
                         Rifle
Navy Arms 1873
Winchester-Style Rifle    Navy Arms 1873 Sporting
                                                  Rifle
Remington 7600 Slide
                         Action
Remington Model 7600
Special Purpose Slide
Action                    Rossi M92 SRC
                                                  Saddle-Ring Carbine
Rossi M92 SRS Short
                         Carbine
Savage 99C Lever-Action
Rifle                     Uberti Henry Rifle
Uberti 1866 Sporting
                         Rilfe
Uberti 1873 Sporting
Rifle                     Winchester Model 94 Side
                                                  Eject Lever-Action Rifle
Winchester Model 94
                         Trapper Side Eject
Winchester Model 94 Big
Bore Side Eject           Winchester Model 94


Ranger Side Eject
                                                  Lever-Action Rifle
Winchester Model 94
                         Wrangler Side Eject

                        CENTERFIRE RIFLES-BOLT ACTION

Alpine Bolt-Action Rifle A-Square Caesar
                                                  Bolt-Action Rifle
A-Square Hannibal
                         Bolt-Action Rifle
Anschutz 1700D Classic
Rifles                    Anschutz 1700D Custom
                                                  Rifles
Anschutz 1700D Bavarian
                         Bolt-Action Rifle
Anschutz 1733D
Mannlicher Rifle          Barret Model 90
                                                  Bolt-Action Rifle
Beeman/HW 60J
                         Bolt-Action Rifle
Blaser R84 Bolt-Action
Rifle                     BRNO 537 Sporter
                                                  Bolt-Action Rifle
BRNO ZKB 527 Fox
                         Bolt-Action Rifle
BRNO ZKK 600, 601, 602
Bolt-Action Rifles        Browning A-Bolt Rifle
Browning A-Bolt
                         Stainless Stalker
Browning A-Bolt Left Hand Browning A-Bolt Short
                                                  Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold
Medallion                 Browning A-Bolt Micro
                                                  Medallion
Century Centurion 14
                         Sporter
Century Enfield Sporter
#4                        Century Swedish Sporter
                                                  #38
Century Mauser 98 Sporter
Cooper Model 38
Centerfire Sporter        Dakota 22 Sporter
                                                  Bolt-Action Rifle
Dakota 76 Classic
                         Bolt-Action Rifle
Dakota 76 Short Action
Rifles                    Dakota 76 Safari
                                                  Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870
Bolt-Action Rifle         Auguste Francotte
                                                  Bolt-Action Rifles
Carl Gustaf 2000
                         Bolt-Action Rifle
Heym Magnum Express
Series Rifle              Howa Lightning
                                                  Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X
Viscount Bolt-Action
Rifle                     Interarms Mini-Mark X
                                                  Rifle
Interarms Mark X
                                                  Whitworth Bolt-Action
                         Rifle
Interarms Whitworth
Express Rifle             Iver Johnson Model
                                                  5100A1 Long-Range Rifle
KDF K15 American
                         Bolt-Action Rifle
Krico Model 600
Bolt-Action Rifle         Krico Model 700
                                                  Bolt-Action Rifles
Mauser Model 66
                         Bolt-Action Rifle
Mauser Model 99
Bolt-Action Rifle         McMillan Signature
                                                  Classic Sporter
McMillan Signature Super
                         Varminter
McMillan Signature
Alaskan                   McMillan Signature
                                                  Titanium Mountain Rifle
McMillan Classic
                         Stainless Sporter
McMillan Talon Safari
Rifle                     McMillan Talon Sporter
                                                  Rifle
Midland 1500S Survivor
                         Rifle
Navy Arms TU-33/40
Carbine                   Parker-Hale Model 81
                                                  Classic Rifle
Parker-Hale Model 81
                         Classic African Rifle
Parker-Hale Model 1000
Rifle                     Parker-Hale Model 1100M
                                                  African Magnum
Parker-Hale Model 1100
                         Lightweight Rifle
Parker-Hale Model 1200
Super Rifle               Parker-Hale Model 1200
                                                  Super Clip Rifle
Parker-Hale Model 1300C
                         Scout Rifle
Parker-Hale Model 2100
Midland Rifle             Parker-Hale Model 2700
                                                  Lightweight Rifle
Parker-Hale Model 2800
                         Midland Rifle
Remington Model Seven
Bolt-Action Rifle         Remington Model Seven
                                                  Youth Rifle
Remington Model Seven
                         Custom KS
Remington Model Seven
Custom MS Rifle           Remington 700 ADL
                                                  Bolt-Action Rifle
Remington 700 BDL
                         Bolt-Action Rifle
Remington 700 BDL
Varmint Special           Remington 700 BDL


European Bolt-Action
                                                  Rifle
Remington 700 Varmint
                         Synthetic Rifle
Remington 700 BDL SS
Rifle                     Remington 700 Stainless
                                                  Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left
Hand                      Remington 700 Camo
                                                  Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain
Rifle                     Remington 700 Custom KS
                                                  Mountain Rifle
Remington 700 Classic
                         Rifle
Ruger M77 Mark II Rifle  Ruger M77 Mark II Magnum
                                                  Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II
All-Weather Stainless
Rifle                     Ruger M77 RSI
                                                  International Carbine
Ruger M77 Mark II
                         Express Rifle
Ruger M77VT Target Rifle Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt
Action                    Sako Hunter Left-Hand
                                                  Rifle
Sako Classic Bolt Action
Sako Hunter LS Rifle     Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style
Carbine                   Sako Varmint Heavy Barrel
Sako TRG-S Bolt-Action
                         Rifle
Sauer 90 Bolt-Action
Rifle                     Savage 110G Bolt-Action
                                                  Rifle
Savage 110CY
                         Youth/Ladies Rifle
Savage 110WLE One of One
Thousand Limited Edition
Rifle                     Savage 110GXP3
                                                  Bolt-Action Rifle
Savage 110F Bolt-Action
                         Rifle
Savage 110FXP3
Bolt-Action Rifle         Savage 110GV Varmint
                                                  Rifle
Savage 112FV Varmint
                         Rifle
Savage Model 112FVS
Varmint Rifle             Savage Model 112BV Heavy
                                                  Barrel Varmint Rifle
Savage 116FSS
                         Bolt-Action Rifle
Savage Model 116FSK
Kodiak Rifle              Savage 110FP Police Rifle
Steyr-Mannlicher Sporter
                         Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus
Model L, M, S             Steyr-Mannlicher Model M
                                                  Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade
Rifles                    Tikka
                                                  Varmint/Continental Rifle
Tikka Whitetail/Battue
                         Rifle
Ultra Light Arms Model
20 Rifle                  Ultra Light Arms Model
                                                  28, Model 40 Rifles
Voere VEC 91 Lightning
                         Bolt-Action Rifle
Voere Model 2165
Bolt-Action Rifle         Voere Model 2155, 2150
                                                  Bolt-Action Rifles
Weatherby Mark V Deluxe
                         Bolt-Action Rifle
Weatherby Lasermark V
Rifle                     Weatherby Mark V Crown
                                                  Custom Rifles
Weatherby Mark V Sporter
                         Rifle
Weatherby Mark V Safari
Grade Custom Rifles       Weatherby Weathermark
                                                  Rifle
Weatherby Weathermark
                         Alaskan Rifle
Weatherby Classicmark
No. 1 Rifle               Weatherby Weatherguard
                                                  Alaskan Rifle
Weatherby Vanguard VGX
                         Deluxe Rifle
Weatherby Vanguard
Classic Rifle             Weatherby Vanguard
                                                  Classic No. 1 Rifle
Weatherby Vanguard
                         Weatherguard Rifle
Wichita Classic Rifle    Wichita Varmint Rifle
Winchester Model 70
                         Sporter
Winchester Model 70
Sporter WinTuff           Winchester Model 70 SM
                                                  Sporter
Winchester Model 70
                         Stainless Rifle
Winchester Model 70
Varmint                   Winchester Model 70


Synthetic Heavy Varmint
                                                  Rifle
Winchester Model 70 DBM
                         Rifle
Winchester Model 70
DBM-S Rifle               Winchester Model 70
                                                  Featherweight
Winchester Model 70
                         Featherweight WinTuff
Winchester Model 70
Featherweight Classic     Winchester Model 70
                                                  Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70
Super Express Magnum      Winchester Model 70
                                                  Super Grade
Winchester Model 70
                         Custom Sharpshooter
Winchester Model 70
Custom Sporting
Sharpshooter Rifle

            CENTERFIRE RIFLES-SINGLE SHOTARMSPORT 1866 SHARPS

                                                  Rifle, Carbine
Brown Model One Single
                         Shot Rifle
Browning Model 1885
Single Shot Rifle         Dakota Single Shot Rifle
Desert Industries G-90
                         Single Shot Rifle
Harrington & Richardson
Ultra Varmint Rifle       Model 1885 High Wall
                                                  Rifle
Navy Arms Rolling Block
                         Buffalo Rifle
Navy Arms #2 Creedmoor
Rifle                     Navy Arms Sharps Cavalry
                                                  Carbine
Navy Arms Sharps Plains
                         Rifle
New England Firearms
Handi-Rifle               Red Willow Armory
                                                  Ballard No. 5 Pacific
Red Willow Armory
                                                  Ballard No. 1.5 Hunting
                         Rifle
Red Willow Armory
Ballard No. 8 Union Hill
Rifle                     Red Willow Armory


Ballard No. 4.5 Target
                                                  Rifle
Remington-Style Rolling
                         Block Carbine
Ruger No. 1B Single Shot Ruger No. 1A Light
                                                  Sporter
Ruger No. 1H Tropical
                         Rifle
Ruger No. 1S Medium
Sporter                   Ruger No. 1 RSI
                                                  International
Ruger No. 1V Special
                         Varminter
C. Sharps Arms New Model
1874 Old Reliable         C. Sharps Arms New Model
                                                  1875 Rifle
C. Sharps Arms 1875
                         Classic Sharps
C. Sharps Arms New Model
1875 Target & Long Range  Shiloh Sharps 1874 Long
                                                  Range Express
Shiloh Sharps 1874
                         Montana Roughrider
Shiloh Sharps 1874
Military Carbine          Shiloh Sharps 1874
                                                  Business Rifle
Shiloh Sharps 1874
                         Military Rifle
Sharps 1874 Old Reliable Thompson/Center
                                                  Contender Carbine
Thompson/Center
                                                  Stainless Contender
                         Carbine
Thompson/Center
Contender Carbine
Survival System           Thompson/Center


Contender Carbine Youth
                                                  Model
Thompson/Center TCR '87
                         Single Shot Rifle
Uberti Rolling Block
Baby Carbine

          DRILLINGS, COMBINATION GUNS, DOUBLE RIFLESBERETTA EXPRESS
                                  SSO O/U

                                                  Double Rifles
Beretta Model 455 SxS
                         Express Rifle
Chapuis RGExpress Double
Rifle                     Auguste Francotte
                                                  Sidelock Double Rifles
Auguste Francotte
                         Boxlock Double Rifle
Heym Model 55B O/U
Double Rifle              Heym Model 55FW O/U
                                                  Combo Gun
Heym Model 88b
                         Side-by-Side Double Rifle
Kodiak Mk. IV Double
Rifle                     Kreighoff Teck O/U
                                                  Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under
Combination Guns          Merkel Drillings
Merkel Model 160
                                                  Side-by-Side Double
                         Rifles
Merkel Over/Under Double
Rifles                    Savage 24F O/U
                                                  Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6
Scout Rifle/Shotgun       Tikka Model 412s
                                                  Combination Gun
Tikka Model 412S Double
                         Fire
A. Zoli Rifle-Shotgun
O/U Combo

             RIMFIRE RIFLES-AUTOLOADERSAMT LIGHTNING 25/22 RIFLE

AMT Lightning Small-Game
                         Hunting Rifle II
AMT Magnum Hunter Auto
Rifle                     Anschutz 525 Deluxe Auto
Armscor Model 20P Auto
                         Rifle
Browning Auto-22 Rifle   Browning Auto-22 Grade VI
Krico Model 260 Auto
                         Rifle
Lakefield Arms Model 64B
Auto Rifle                Marlin Model 60
                                                  Self-Loading Rifle
Marlin Model 60ss
                         Self-Loading Rifle
Marlin Model 70 HC Auto  Marlin Model 990l
                                                  Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum
Self-Loading Rifle        Marlin Model 995
                                                  Self-Loading Rifle
Norinco Model 22 ATD
                         Rifle
Remington Model 522
Viper Autoloading Rifle   Remington 552BDL
                                                  Speedmaster Rifle
Ruger 10/22 Autoloading
                                                  Carbine (w/o folding
                         stock)
Survival Arms AR-7
Explorer Rifle            Texas Remington
                                                  Revolving Carbine
Voere Model 2115 Auto
                         Rifle

                     RIMFIRE RIFLES-LEVER & SLIDE ACTION

Browning BL-22
Lever-Action Rifle        Marlin 39TDS Carbine
Marlin Model 39AS Golden
                         Lever-Action Rifle
Remington 572BDL
Fieldmaster Pump Rifle    Norinco EM-321 Pump Rifle
Rossi Model 62 SA Pump
                         Rifle
Rossi Model 62 SAC
Carbine                   Winchester Model 9422
                                                  Lever-Action Rifle
Winchester Model 9422
                         Magnum Lever-Action Rifle

                  RIMFIRE RIFLES-BOLT ACTIONS & SINGLE SHOTS

Anschutz Achiever
Bolt-Action Rifle         Anschutz 1416D/1516D
                                                  Classic Rifles
Anschutz 1418D/1518D
                         Mannlicher Rifles
Anschutz 1700D Classic
Rifles                    Anschutz 1700D Custom
                                                  Rifles
Anschutz 1700 FWT
                         Bolt-Action Rifle
Anschutz 1700D Graphite
Custom Rifle              Anschutz 1700D Bavarian
                                                  Bolt-Action Rifle
Armscor Model 14P
                         Bolt-Action Rifle
Armscor Model 1500 Rifle BRNO ZKM-452 Deluxe
                                                  Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST
Bolt-Action Rifle         Browning A-Bolt 22
                                                  Bolt-Action Rifle
Browning A-Bolt Gold
                         Medallion
Cabanas Phaser Rifle     Cabanas Master
                                                  Bolt-Action Rifle
Cabanas Espronceda IV
                         Bolt-Action Rifle
Cabanas Leyre
Bolt-Action Rifle         Chipmunk Single Shot
                                                  Rifle
Cooper Arms Model 36S
                         Sporter Rifle
Dakota 22 Sporter
Bolt-Action Rifle         Krico Model 300
                                                  Bolt-Action Rifles
Lakefield Arms Mark II
                         Bolt-Action Rifle
Lakefield Arms Mark I
Bolt-Action Rifle         Magtech Model MT-22C
                                                  Bolt-Action Rifle
Marlin Model 880
                         Bolt-Action Rifle
Marlin Model 881
Bolt-Action Rifle         Marlin Model 882
                                                  Bolt-Action Rifle
Marlin Model 883
                         Bolt-Action Rifle
Marlin Model 883SS
Bolt-Action Rifle         Marlin Model 25MN
                                                  Bolt-Action Rifle
Marlin Model 25N
                         Bolt-Action Repeater
Marlin Model 15YN
"Little Buckaroo"         Mauser Model 107
                                                  Bolt-Action Rifle
Mauser Model 201
                         Bolt-Action Rifle
Navy Arms TU-KKW
Training Rifle            Navy Arms TU-33/40
                                                  Carbine
Navy Arms TU-KKW Sniper
                         Trainer
Norinco JW-27
Bolt-Action Rifle         Norinco JW-15
                                                  Bolt-Action Rifle
Remington 541-T
Remington 40-XR Rimfire
Custom sporter            Remington 541-T HB
                                                  Bolt-Action Rifle
Remington 581-S
                         Sportsman Rifle
Ruger 77/22 Rimfire
Bolt-Action Rifle         Ruger K77/22 Varmint
                                                  Rifle
Ultra Light Arms Model
                         20 RF Bolt-Action Rifle
Winchester Model 52B
Sporting Rifle

          COMPETITION RIFLES-CENTERFIRE & RIMFIREANSCHUTZ 64-MS LEFT



                                                  Silhouette
Anschutz 1808D RT Super
                         Match 54 Target
Anschutz 1827B Biathlon
Rifle                     Anschutz 1903D Match
                                                  Rifle
Anschutz 1803D
                         Intermediate Match
Anschutz 1911 Match Rifle Anschutz 54.18MS REP
                                                  Deluxe Silhouette Rifle
Anschutz 1913 Super
                         Match Rifle
Anschutz 1907 Match Rifle Anschutz 1910 Super
                                                  Match II
Anschutz 54.18MS
                         Silhouette Rifle
Anschutz Super Match 54
Target Model 2013         Anschutz Super Match 54
                                                  Target Model 2007
Beeman/Feinwerkbau 2600
                         Target Rifle
Cooper Arms Model TRP-1
ISU Standard Rifle        E.A.A./Weihrauch HW 60
                                                  Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard
Target Rifle              Krico Model 360 S2
                                                  Biathlon Rifle
Krico Model 400 Match
                         Rifle
Krico Model 360S
Biathlon Rifle            Krico Model 500
                                                  Kricotronic Match Rifle
Krico Model 600 Sniper
                         Rifle
Krico Model 600 Match
Rifle                     Lakefield Arms Model 90B
                                                  Target Rifle
Lakefield Arms Model 91T
                         Target Rifle
Lakefield Arms Model 92S
Silhouette Rifle          Marlin Model 2000 Target
                                                  Rifle
Mauser Model 86-SR
                         Specialty Rifle
McMillan M-86 Sniper
Rifle                     McMillan Combo M-87/M-88
                                                  50-Caliber Rifle
McMillan 300 Phoenix
                         Long Range Rifle
McMillan M-89 Sniper
Rifle                     McMillan National Match
                                                  Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target
Rifle                     Parker-Hale M-85 Sniper
                                                  Rifle
Remington 40-XB
                                                  Rangemaster Target
                         Centerfire
Remington 40-XR KS
Rimfire Position Rifle    Remington 40-XBBR KS
Remington 40-XC KS
                                                  National Match Course
                         Rifle
Sako TRG-21 Bolt-Action
Rifle                     Steyr-Mannlicher Match
                                                  SPG-UIT Rifle
Steyr-Mannlicher SSG P-I
                         Rifle
Steyr-Mannlicher SSG
P-III Rifle               Steyr-Mannlicher SSG
                                                  P-IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free
Rifle                     Tanner 300 Meter Free
                                                  Rifle
Wichita Silhouette Rifle

                             SHOTGUNS-AUTOLOADERS

American Arms/Franchi
Black Magic 48/AL         Benelli Super Black
                                                  Eagle Shotgun
Benelli Super Black
                         Eagle Slug Gun
Benelli M1 Super 90
Field Auto Shotgun        Benelli Montefeltro
                                                  Super 90 20-Gauge Shotgun
Benelli Montefeltro
                         Super 90 Shotgun
Benelli M1 Sporting
Special Auto Shotgun      Benelli Black Eagle
                                                  Competition Auto Shotgun
Beretta A-303 Auto
                         Shotgun
Beretta 390 Field Auto
Shotgun                   Beretta 390 Super Trap,
                                                  Super Skeet Shotguns
Beretta Vittoria Auto
                         Shotgun
Beretta Model 1201F Auto
Shotgun                   Browning BSA 10 Auto
                                                  Shotgun
Browning BSA 10 Stalker
                         Auto Shotgun
Browning A-500R Auto
Shotgun                   Browning A-500G Auto
                                                  Shotgun
Browning A-500G Sporting
                         Clays
Browning Auto-5 Light 12
and 20                    Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12 Churchill Turkey
                                                  Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto
Shotgun                   Mossberg Model 5500
                                                  Shotgun
Mossberg Model 9200
                         Regal Semi-Auto Shotgun
Mossberg Model 9200 USST
Auto Shotgun              Mossberg Model 9200 Camo
                                                  Shotgun
Mossberg Model 6000 Auto
                         Shotgun
Remington Model 1100
Shotgun                   Remington 11-87 Premier
                                                  Shotgun
Remington 11-87 Sporting
                         Clays
Remington 11-87 Premier
Skeet                     Remington 11-87 Premier
                                                  Trap
Remington 11-87 Special
                         Purpose Magnum
Remington 11-87 SPS-T
Camo Auto Shotgun         Remington 11-87 Special
                                                  Purpose Deer Gun
Remington 11-87
                                                  SPS-BG-Camo Deer/Turkey
                         Shotgun
Remington 11-87 SPS-Deer
Shotgun                   Remington 11-87 Special
                                                  Purpose Synthetic Camo
Remington SP-10
                         Magnum-Camo Auto Shotgun
Remington SP-10 Magnum
Auto Shotgun              Remington SP-10 Magnum
                                                  Turkey Combo
Remington 1100 LT-20 Auto
Remington 1100 Special
Field                     Remington 1100 20-Gauge
                                                  Deer Gun
Remington 1100 LT-20
                         Tournament Skeet
Winchester Model 1400
Semi-Auto Shotgun

               SHOTGUNS-SLIDE ACTIONSBROWNING MODEL 42 PUMP

                                                  Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker
Pump Shotgun              Browning BPS Pigeon
                                                  Grade Pump Shotgun
Browning BPS pump
                                                  Shotgun (Ladies and Youth
                         Model)
Browning BPS Game Gun
Turkey Special            Browning BPS Game Gun
                                                  Deer Special
Ithaca Model 87 Supreme
                         Pump Shotgun
Ithaca Model 87
Deerslayer Shotgun        Ithaca Deerslayer II
                                                  Rifled Shotgun
Ithaca Model 87 Turkey
                         Gun
Ithaca Model 87 Deluxe
Pump Shotgun              Magtech Model 586-VR
                                                  Pump Shotgun
Maverick Models 88, 91
                         Pump Shotguns
Mossberg Model 500
Sporting Pump             Mossberg Model 500 Camo
                                                  Pump
Mossberg Model 500
                         Muzzleloader Combo
Mossberg Model 500
Trophy Slugster           Mossberg Turkey Model
                                                  500 Pump
Mossberg Model 500
                         Bantam Pump
Mossberg Field Grade
Model 835 Pump Shotgun    Mossberg Model 835 Regal
                                                  Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special
Purpose Deer Gun          Remington 870


SPS-BG-Camo Deer/Turkey
                                                  Shotgun
Remington 870 SPS-Deer
                         Shotgun
Remington 870 Marine
Magnum                    Remington 870 TC Trap
Remington 870 Special
                         Purpose Synthetic Camo
Remington 870 Wingmaster
Small Gauges              Remington 870 Express
                                                  Rifle Sighted Deer Gun
Remington 879 SPS
                         Special Purpose Magnum
Remington 870 SPS-T Camo
Pump Shotgun              Remington 870 Special
                                                  Field
Remington 870 Express
                         Turkey
Remington 870 High Grades Remington 870 Express
Remington Model 870
                         Express Youth Gun
Winchester Model 12 Pump
Shotgun                   Winchester Model 42 High
                                                  Grade Shotgun
Winchester Model 1300
                         Walnut Pump
Winchester Model 1300
Slug Hunter Deer Gun      Winchester Model 1300


Ranger Pump Gun Combo &
                                                  Deer Gun
Winchester Model 1300
                         Turkey Gun
Winchester Model 1300
Ranger Pump Gun

                SHOTGUNS-OVER/UNDERSAMERICAN ARMS/FRANCHI

                                                  Falconet 2000 O/U
American Arms Silver I
                         O/U
American Arms Silver II
Shotgun                   American Arms Silver
                                                  Skeet O/U
American Arms/Franchi
                         Sporting 2000 O/U
American Arms Silver
Sporting O/U              American Arms Silver
                                                  Trap O/U
American Arms WS/OU 12,
                         TS/OU 12 Shotguns
American Arms WT/OU 10
Shotgun                   Armsport 2700 O/U Goose
                                                  Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel
Shotgun                   Baby Bretton Over/Under
                                                  Shotgun
Beretta Model 686
                         Ultralight O/U
Beretta ASE 90
Competition O/U Shotgun   Beretta Over/Under Field
                                                  Shotguns
Beretta Onyx Hunter
                         Sport O/U Shotgun
Beretta Model SO5, SO6,
SO9 Shotguns              Beretta Sporting Clay
                                                  Shotguns
Beretta 687EL Sporting
                         O/U
Beretta 682 Super
Sporting O/U              Beretta Series 682
                                                  Competition Over/Unders
Browning Citori O/U
                         Shotgun
Browning Superlight
Citori Over/Under         Browning Lightning
                                                  Sporting Clays
Browning Micro Citori
                         Lightning
Browning Citori Plus
Trap Combo                Browning Citori Plus
                                                  Trap Gun
Browning Citori O/U
                         Skeet Models
Browning Citori O/U Trap
Models                    Browning Special
                                                  Sporting Clays
Browning Citori GTI
                         Sporting Clays
Browning 325 Sporting
Clays                     Centurion Over/Under
                                                  Shotgun
Chapuis Over/Under
                         Shotgun
Connecticut Valley
Classics Classic Sporter
O/U                       Connecticut Valley


Classics Classic Field
                                                  Waterfowler
Charles Daly Field Grade
                         O/U
Charles Daly Lux
Over/Under                E.A.A./Sabatti Sporting                                                   Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon
                         Over/Under
Kassnar Grade I O/U
Shotgun                   Krieghoff K-80 Sporting
                                                  Clays O/U
Krieghoff K-80 Skeet
                         Shotgun
Krieghoff K-80
International Skeet       Krieghoff K-80
                                                  Four-Barrel Skeet Set
Krieghoff K-80/RT
                         Shotguns
Krieghoff K-80 O/U Trap
Shotgun                   Laurona Silhouette 300
                                                  Sporting Clays
Laurona Silhouette 300
                         Trap
Laurona Super Model
Over/Unders               Ljutic LM-6 Deluxe O/U
                                                  Shotgun
Marocchi Conquista
                         Over/Under Shotgun
Marocchi Avanza O/U
Shotgun                   Merkel Model 200E O/U
                                                  Shotgun
Merkel Model 200E Skeet,
                         Trap Over/Unders
Merkel Model 203E, 303E
Over/Under Shotguns       Perazzi Mirage Special
                                                  Sporting O/U
Perazzi Mirage Special
                         Four-Gauge Skeet
Perazzi Sporting Classic
O/U                       Perazzi MX7 Over/Under
                                                  Shotguns
Perazzi Mirage Special
                         Skeet Over/Under
Perazzi MX8/MX8 Special
Trap, Skeet               Perazzi MX8/20
                                                  Over/Under Shotgun
Perazzi MX9 Single
                         Over/Under Shotguns
Perazzi MX12 Hunting
Over/Under                Perazzi MX28, MX410 Game
                                                  O/U Shotguns
Perazzi MX20 Hunting
                         Over/Under
Piotti Boss Over/Under
Shotgun                   Remington Peerless
                                                  Over/Under Shotgun
Ruger Red Label O/U
                         Shotgun
Ruger Sporting Clays O/U
Shotgun                   San Marco 12-Ga.
                                                  Wildflower Shotgun
San Marco Field Special
                         O/U Shotgun
San Marco 10-Ga. O/U
Shotgun                   SKB Model 505 Deluxe
                                                  Over/Under Shotgun
SKB Model 685 Over/Under
                         Shotgun
SKB Model 885 Over/Under
Trap, Skeet, Sporting
Clays                     Stoeger/IGA Condor I O/U
                                                  Shotgun
Stoeger/IGA ERA 2000
                         Over/Under Shotgun
Techni-Mec Model 610
Over/Under                Tikka Model 412S Field
                                                  Grade Over/Under
Weatherby Athena Grade
                         IV O/U Shotguns
Weatherby Athena Grade V
Classic Field O/U         Weatherby Orion O/U
                                                  Shotguns
Weatherby II, III
                         Classic Field O/Us
Weatherby Orion II
Classic Sporting Clays
O/U                       Weatherby Orion II
                                                  Sporting Clays O/U
Winchester Model 1001
                         O/U Shotgun
Winchester Model 1001
Sporting Clays O/U        Pietro Zanoletti Model
                                                  2000 Field O/U


               SHOTGUNS-SIDE BY SIDESAMERICAN ARMS BRITTANY

                         Shotgun
American Arms Gentry
Double Shotgun            American Arms Derby
                                                  Side-by-Side
American Arms Grulla #2
                         Double Shotgun
American Arms WS/SS 10   American Arms TS/SS 10
                                                  Double Shotgun
American Arms TS/SS 12
                         Side-by-Side
Arrieta Sidelock Double
Shotguns                  Armsport 1050 Series
                                                  Double Shotguns
Arizaga Model 31 Double
                         Shotgun
AYA Boxlock Shotguns     AYA Sidelock Double
                                                  Shotguns
Beretta Model 452
                         Sidelock Shotgun
Beretta Side-by-Side
Field Shotguns            Crucelegui Hermanos
                                                  Model 150 Double
Chapuis Side-by-Side
                         Shotgun
E.A.A./Sabatti Saba-Mon
Double Shotgun            Charles Daly Model Dss
                                                  Double
Ferlib Model F VII
                         Double Shotgun
Auguste Francotte
Boxlock Shotgun           Auguste Francotte
                                                  Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101
Side-by-Side              Garbi Model 103A, B
                                                  Side-by-Side
Garbi Model 200
                         Side-by-Side
Bill Hanus Birdgun
Doubles                   Hatfield Uplander Shotgun
Merkel Model 8, 47E
                         Side-by-Side Shotguns
Merkel Model 47LSC
Sporting Clays Double     Merkel Model 47S, 147S
                                                  Side-by-Sides
Parker Reproductions
                         Side-by-Side
Piotti King No. 1
Side-by-Side              Piotti Lunik Side-by-Side
Piotti King Extra
                         Side-by-Side
Piotti Piuma Side-by-Side Precision Sports Model
                                                  600 Series Doubles
Rizzini Boxlock
                         Side-by-Side
Rizzini Sidelock
Side-by-Side              Stoeger/IGA Uplander
                                                  Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum
                         Shotgun

                     SHOTGUNS-BOLT ACTIONS & SINGLE SHOTS

Armsport Single Barrel
Shotgun                   Browning BT-99
                                                  Competition Trap Special
Browning BT-99 Plus Trap
                         Gun
Browning BT-99 Plus Micro Browning Recoilless Trap
                                                  Shotgun
Browning Micro
                         Recoilless Trap Shotgun
Desert Industries Big
Twenty Shotgun            Harrington & Richardson
                                                  Topper Model 098
Harrington & Richardson
                                                  Topper Classic Youth
                         Shotgun
Harrington & Richardson
N.W.T.F. Turkey Mag       Harrington & Richardson
                                                  Topper Deluxe Model 098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special   Krieghoff K-80 Single
                                                  Barrel Trap Gun
Ljutic Mono Gun Single
                         Barrel
Ljutic LTX Super Deluxe
Mono Gun                  Ljutic Recoilless Space
                                                  Gun Shotgun
Marlin Model 55 Goose
                         Gun Bolt Action
New England Firearms
Turkey and Goose Gun      New England Firearms
                                                  N.W.T.F. Shotgun
New England Firearms
                         Tracker Slug Gun
New England Firearms
Standard Pardner          New England Firearms
                                                  Survival Gun
Perazzi TM1 Special
                         Single Trap
Remington 90-T Super
Single Shotgun            Snake Charmer II Shotgun
Stoeger/IGA Reuna Single
                         Barrel Shotgun
Thompson/Center TCR '87
Hunter Shotgun.".

                                                                   [pH8830]


                       Subtitle B-Youth Handgun Safety

  SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY,
OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.

  (a) OFFENSE.-Section 922 of title 18, United States Code, as amended by
section 110103(a), is amended by adding at the end the following new
subsection:

  "(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise
transfer to a person who the transferor knows or has reasonable cause to
believe is a juvenile-

  "(A) a handgun; or

  "(B) ammunition that is suitable for use only in a handgun.

  "(2) It shall be unlawful for any person who is a juvenile to knowingly
possess-

  "(A) a handgun; or

  "(B) ammunition that is suitable for use only in a handgun.

  "(3) This subsection does not apply to-

  "(A) a temporary transfer of a handgun or ammunition to a juvenile or to
the possession or use of a handgun or ammunition by a juvenile if the handgun
and ammunition are possessed and used by the juvenile-

  "(i) in the course of employment, in the course of ranching or farming
related to activities at the residence of the juvenile (or on property used
for ranching or farming at which the juvenile, with the permission of the
property owner or lessee, is performing activities related to the operation
of the farm or ranch), target practice, hunting, or a course of instruction
in the safe and lawful use of a handgun;

  "(ii) with the prior written consent of the juvenile's parent or guardian
who is not prohibited by Federal, State, or local law from possessing a
firearm, except-

"(I) during transportation by the juvenile of an unloaded handgun in a
locked container directly from the place of transfer to a place at which an
activity described in clause (i) is to take place and transportation by the
juvenile of that handgun, unloaded and in a locked container, directly from
the place at which such an activity took place to the transferor; or

"(II) with respect to ranching or farming activities as described in
clause (i), a juvenile may possess and use a handgun or ammunition with the
prior written approval of the juvenile's parent or legal guardian and at the
direction of an adult who is not prohibited by Federal, State or local law
from possessing a firearm;

  "(iii) the juvenile has the prior written consent in the juvenile's
possession at all times when a handgun is in the possession of the juvenile;
and

  "(iv) in accordance with State and local law;

  "(B) a juvenile who is a member of the Armed Forces of the United States
or the National Guard who possesses or is armed with a handgun in the line of
duty;

  "(C) a transfer by inheritance of title (but not possession) of a handgun
or ammunition to a juvenile; or

  "(D) the possession of a handgun or ammunition by a juvenile taken in
defense of the juvenile or other persons against an intruder into the
residence of the juvenile or a residence in which the juvenile is an invited
guest.

  "(4) A handgun or ammunition, the possession of which is transferred to a
juvenile in circumstances in which the transferor is not in violation of this
subsection shall not be subject to permanent confiscation by the Government
if its possession by the juvenile subsequently becomes unlawful because of
the conduct of the juvenile, but shall be returned to the lawful owner when
such handgun or ammunition is no longer required by the Government for the
purposes of investigation or prosecution.

  "(5) For purposes of this subsection, the term `juvenile' means a person
who is less than 18 years of age.

  "(6)(A) In a prosecution of a violation of this subsection, the court
shall require the presence of a juvenile defendant's parent or legal guardian
at all proceedings.

  "(B) The court may use the contempt power to enforce subparagraph (A).

  "(C) The court may excuse attendance of a parent or legal guardian of a
juvenile defendant at a proceeding in a prosecution of a violation of this
subsection for good cause shown.".

  (b) PENALTIES.-Section 924(a) of title 18, United States Code, is amended-

  (1) in paragraph (1) by striking "paragraph (2) or (3) of"; and

  (2) by adding at the end the following new paragraph:

  "(5)(A)(i) A juvenile who violates section 922(x) shall be fined under
this title, imprisoned not more than 1 year, or both, except that a juvenile
described in clause (ii) shall be sentenced to probation on appropriate
conditions and shall not be incarcerated unless the juvenile fails to comply
with a condition of probation.

  "(ii) A juvenile is described in this clause if-

  "(I) the offense of which the juvenile is charged is possession of a
handgun or ammunition in violation of section 922(x)(2); and

  "(II) the juvenile has not been convicted in any court of an
offense (including an offense under section 922(x) or a similar State law,
but not including any other offense consisting of conduct that if engaged in
by an adult would not constitute an offense) or adjudicated as a juvenile
delinquent for conduct that if engaged in by an adult would constitute an
offense.

  "(B) A person other than a juvenile who knowingly violates section 922(x)-

  "(i) shall be fined under this title, imprisoned not more than 1 year, or
both; and

  "(ii) if the person sold, delivered, or otherwise transferred a handgun or
ammunition to a juvenile knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or discharge or otherwise use
the handgun or ammunition in the commission of a crime of violence, shall be
fined under this title, imprisoned not more than 10 years, or both.".

  (c) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVISIONS IN TITLE 18,
UNITED STATES CODE.-

  (1) SECTION 5031.-Section 5031 of title 18, United States Code, is amended
by inserting "or a violation by such a person of section 922(x)" before the
period at the end.

  (2) SECTION 5032.-Section 5032 of title 18, United States Code, is
amended-

  (A) in the first undesignated paragraph by inserting "or (x)"
after "922(p)"; and

  (B) in the fourth undesignated paragraph by inserting "or section 922(x)
of this title," before "criminal prosecution on the basis".

  (d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 1974.-Section 223(a)(12)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by
striking "which do not constitute violations of valid court orders" and
inserting "(other than an offense that constitutes a violation of a valid
court order or a violation of section 922(x) of title 18, United States Code,
or a similar State law)."

  (e) MODEL LAW.-The Attorney General, acting through the Director of the
National Institute for Juvenile Justice and Delinquency Prevention, shall-

  (1) evaluate existing and proposed juvenile handgun legislation in each
State;

  (2) develop model juvenile handgun legislation that is constitutional and
enforceable;

  (3) prepare and disseminate to State authorities the findings made as the
result of the evaluation; and

  (4) report to Congress by December 31, 1995, findings and recommendations
concerning the need or appropriateness of further action by the Federal
Government.
                                                                   [pH8831]


                             Subtitle C-Licensure

  SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH
AND FINGERPRINTS.

  (a) FIREARMS LICENSURE.-Section 923(a) of title 18, United States Code, is
amended in the second sentence by inserting "and shall include a photograph
and fingerprints of the applicant" before the period.

  (b) REGISTRATION.-Section 5802 of the Internal Revenue Code of 1986 is
amended by inserting after the first sentence the following: "An individual
required to register under this section shall include a photograph and
fingerprints of the individual with the initial application.".
  SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO
LICENSE.

  Section 923(d)(1) of title 18, United States Code, is amended-

  (1) by striking "and" at the end of subparagraph (D);

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

  (3) by adding at the end the following new subparagraph:

  "(F) the applicant certifies that-

  "(i) the business to be conducted under the license is not prohibited by
State or local law in the place where the licensed premise is located;

  "(ii)(I) within 30 days after the application is approved the business
will comply with the requirements of State and local law applicable to the
conduct of the business; and

  "(II) the business will not be conducted under the license until the
requirements of State and local law applicable to the business have been met;
and

  "(iii) that the applicant has sent or delivered a form to be prescribed by
the Secretary, to the chief law enforcement officer of the locality in which
the premises are located, which indicates that the applicant intends to apply
for a Federal firearms license.".
  SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.

  Section 923(d)(2) of title 18, United States Code, is amended by
striking "forty-five-day" and inserting "60-day".
  SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.

  Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended to
read as follows:

"(ii) for ensuring compliance with the record keeping requirements of this
chapter-

"(I) not more than once during any 12-month period; or

"(II) at any time with respect to records relating to a firearm involved in
a criminal investigation that is traced to the licensee.".
  SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.

  Section 923(g) of title 18, United States Code, is amended by adding at
the end the following new paragraph:

  "(6) Each licensee shall report the theft or loss of a firearm from the
licensee's inventory or collection, within 48 hours after the theft or loss
is discovered, to the Secretary and to the appropriate local authorities.".
  SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.

  Section 923(g) of title 18, United States Code, as amended by section
110405, is amended by adding at the end the following new paragraph:

  "(7) Each licensee shall respond immediately to, and in no event later
than 24 hours after the receipt of, a request by the Secretary for
information contained in the records required to be kept by this chapter as
may be required for determining the disposition of 1 or more firearms in the
course of a bona fide criminal investigation. The requested information shall
be provided orally or in writing, as the Secretary may require. The Secretary
shall implement a system whereby the licensee can positively identify and
establish that an individual requesting information via telephone is employed
by and authorized by the agency to request such information.".
  SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.

  Section 923 of title 18, United States Code, is amended by adding at the
end the following new subsection:

  "(1) The Secretary of the Treasury shall notify the chief law enforcement
officer in the appropriate State and local jurisdictions of the names and
addresses of all persons in the State to whom a firearms license is issued.".

                         Subtitle D-Domestic Violence

  SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF
FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.

  (a) INTIMATE PARTNER DEFINED.-Section 921(a) of title 18, United States
Code, as amended by section 110103(b), is amended by inserting at the end the
following new paragraph:

  "(32) The term `intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a
parent of a child of the person, and an individual who cohabitates or has
cohabited with the person.".

  (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.-Section 922(d) of title 18,
United States Code, is amended-

  (1) by striking "or" at the end of paragraph (6);

  (2) by striking the period at the end of paragraph (7) and inserting ";
or"; and

  (3) by inserting after paragraph (7) the following new paragraph:

  "(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such person or
child of such intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily injury to the
partner or child, except that this paragraph shall only apply to a court
order that-

  "(A) was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to participate; and

  "(B)(i) includes a finding that such person represents a credible threat
to the physical safety of such intimate partner or child; or

  "(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury.".

  (c) PROHIBITION AGAINST RECEIPT OF FIREARMS.-Section 922(g) of title 18,
United States Code, is amended-

  (1) by striking "or" at the end of paragraph (6);

  (2) by inserting "or" at the end of paragraph (7); and

  (3) by inserting after paragraph (7) the following:

  "(8) who is subject to a court order that-

  "(A) was issued after a hearing of which such person received actual
notice, and at which such person had an opportunity to participate;

  "(B) restrains such person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or person,
or engaging in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child; and

  "(C)(i) includes a finding that such person represents a credible threat
to the physical safety of such intimate partner or child; or

  "(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury,".

  (d) STORAGE OF FIREARMS.-Section 926(a) of title 18, United States Code,
is amended-

  (1) by striking "and" at the end of paragraph (1);

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

  (3) by inserting after paragraph (2) the following:

  "(3) regulations providing for effective receipt and secure storage of
firearms relinquished by or seized from persons described in
subsection (d)(8) or (g)(8) of section 922.".

  (e) RETURN OF FIREARMS.-Section 924(d)(1) of title 18, United States Code,
is amended by striking "the seized" and inserting "or lapse of or court
termination of the restraining order to which he is subject, the seized or
relinquished".

                        Subtitle E-Gun Crime Penalties

  SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A
CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

  (a) AMENDMENT TO SENTENCING GUIDELINES.-Pursuant to its authority under
section 994 of title 28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to provide an appropriate
enhancement of the punishment for a crime of violence (as defined in section
924(c)(3) of title 18, United States Code) or a drug trafficking crime (as
defined in section 924(c)(2) of title 18, United States Code) if a
semiautomatic firearm is involved.

  (b) SEMIAUTOMATIC FIREARM.-In subsection (a), "semiautomatic firearm"
means any repeating firearm that utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the next round and
that requires a separate pull of the trigger to fire each cartridge.
                                                                   [pH8832]

  SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO
COMMIT A FELONY.

  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall promulgate amendments to
the sentencing guidelines to appropriately enhance penalties in a case in
which a defendant convicted under section 844(h) of title 18, United States
Code, has previously been convicted under that section.
  SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

  Section 924 of title 18, United States Code, as amended by section 60013,
is amended by adding at the end the following new subsection:

  "(j) A person who, with intent to engage in or to promote conduct that-

  "(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et
seq.);

  "(2) violates any law of a State relating to any controlled substance (as
defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or

  "(3) constitutes a crime of violence (as defined in subsection (c)(3),

  smuggles or knowingly brings into the United States a firearm, or attempts
to do so, shall be imprisoned not more than 10 years, fined under this title,
or both.".
  SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

  (a) FIREARMS.-Section 924 of title 18, United States Code, as amended by
section 110203(a), is amended by adding at the end the following new
subsection:

  "(k) A person who steals any firearm which is moving as, or is a part of,
or which has moved in, interstate or foreign commerce shall be imprisoned for
not more than 10 years, fined under this title, or both.".

  (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:

  "(k) A person who steals any explosives materials which are moving as, or
are a part of, or which have moved in, interstate or foreign commerce shall
be imprisoned for not more than 10 years, fined under this title, or both.".
  SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.

  Section 3583 of title 18, United States Code, is amended-

  (1) in subsection (d) by striking "possess illegal controlled substances"
and inserting "unlawfully possess a controlled substance";

  (2) in subsection (e)-

  (A) by striking "person" each place such term appears in such subsection
and inserting "defendant"; and

  (B) by amending paragraph (3) to read as follows:

  "(3) revoke a term of supervised release, and require the defendant to
serve in prison all or part of the term of supervised release authorized by
statute for the offense that resulted in such term of supervised release
without credit for time previously served on postrelease supervision, if the
court, pursuant to the Federal Rules of Criminal Procedure applicable to
revocation of probation or supervised release, finds by a preponderance of
the evidence that the defendant violated a condition of supervised release,
except that a defendant whose term is revoked under this paragraph may not be
required to serve more than 5 years in prison if the offense that resulted in
the term of supervised release is a class A felony, more than 3 years in
prison if such offense is a class B felony, more than 2 years in prison if
such offense is a class C or D felony, or more than one year in any other
case; or"; and

  (3) by striking subsection (g) and inserting the following:

  "(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR
FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG TESTING.-If the defendant-

  "(1) possesses a controlled substance in violation of the condition set
forth in subsection (d);

  "(2) possesses a firearm, as such term is defined in section 921 of this
title, in violation of Federal law, or otherwise violates a condition of
supervised release prohibiting the defendant from possessing a firearm; or

  "(3) refuses to comply with drug testing imposed as a condition of
supervised release;

  the court shall revoke the term of supervised release and require the
defendant to serve a term of imprisonment not to exceed the maximum term of
imprisonment authorized under subsection (e)(3).

  "(h) SUPERVISED RELEASE FOLLOWING REVOCATION.-When a term of supervised
release is revoked and the defendant is required to serve a term of
imprisonment that is less than the maximum term of imprisonment authorized
under subsection (e)(3), the court may include a requirement that the
defendant be placed on a term of supervised release after imprisonment. The
length of such a term of supervised release shall not exceed the term of
supervised release authorized by statute for the offense that resulted in the
original term of supervised release, less any term of imprisonment that was
imposed upon revocation of supervised release.

  "(i) DELAYED REVOCATION.-The power of the court to revoke a term of
supervised release for violation of a condition of supervised release, and to
order the defendant to serve a term of imprisonment and, subject to the
limitations in subsection (h), a further term of supervised release, extends
beyond the expiration of the term of supervised release for any period
reasonably necessary for the adjudication of matters arising before its
expiration if, before its expiration, a warrant or summons has been issued on
the basis of an allegation of such a violation.".
  SEC. 110506. REVOCATION OF PROBATION.

  (a) IN GENERAL.-Section 3565(a) of title 18, United States Code, is
amended-

  (1) in paragraph (2) by striking "impose any other sentence that was
available under subchapter A at the time of the initial sentencing" and
inserting "resentence the defendant under subchapter A"; and

  (2) by striking the last sentence.

  (b) MANDATORY REVOCATION.-Section 3565(b) of title 18, United States Code,
is amended to read as follows:

  "(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR
FIREARM OR REFUSAL TO COMPLY WITH DRUG TESTING.-If the defendant-

  "(1) possesses a controlled substance in violation of the condition set
forth in section 3563(a)(3);

  "(2) possesses a firearm, as such term is defined in section 921 of this
title, in violation of Federal law, or otherwise violates a condition of
probation prohibiting the defendant from possessing a firearm; or

  "(3) refuses to comply with drug testing, thereby violating the condition
imposed by section 3563(a)(4),

  the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.".
  SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED
DEALER.

  Section 924(a) of title 18, United States Code, is amended-

  (1) in subsection (a)(1)(B) by striking "(a)(6),"; and

  (2) in subsection (a)(2) by inserting "(a)(6)," after "subsections".
  SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

  Section 842(i) of title 18, United States Code, is amended by
inserting "or possess" after "to receive".
  SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

  Section 844(c) of title 18, United States Code, is amended-

  (1) by inserting "(1)" after "(c)"; and

  (2) by adding at the end the following new paragraphs:

  "(2) Notwithstanding paragraph (1), in the case of the seizure of any
explosive materials for any offense for which the materials would be subject
to forfeiture in which it would be impracticable or unsafe to remove the
materials to a place of storage or would be unsafe to store them, the seizing
officer may destroy the explosive materials forthwith. Any destruction under
this paragraph shall be in the presence of at least 1 credible witness. The
seizing officer shall make a report of the seizure and take samples as the
Secretary may by regulation prescribe.

  "(3) Within 60 days after any destruction made pursuant to paragraph (2),
the owner of (including any person having an interest in) the property so
destroyed may make application to the Secretary for reimbursement of the
value of the property. If the claimant establishes to the satisfaction of the
Secretary that-

  "(A) the property has not been used or involved in a violation of law; or

  "(B) any unlawful involvement or use of the property was without the
claimant's knowledge, consent, or willful blindness,

  the Secretary shall make an allowance to the claimant not exceeding the
value of the property destroyed.".
  SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

  (a) SECTION 924(e)(1) OF TITLE 18.-Section 924(e)(1) of title 18, United
States Code, is amended by striking ", and such person shall not be eligible
for parole with respect to the sentence imposed under this subsection".

  (b) SECTION 924(c)(1) OF TITLE 18.-Section 924(c)(1) of title 18, United
States Code, is amended by striking "No person sentenced under this
subsection shall be eligible for parole during the term of imprisonment
imposed under this subsection.".
  SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS
WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

  Section 922(j) of title 18, United States Code, is amended to read as
follows:

  "(j) It shall be unlawful for any person to receive, possess, conceal,
store, barter, sell, or dispose of any stolen firearm or stolen ammunition,
or pledge or accept as security for a loan any stolen firearm or stolen
ammunition, which is moving as, which is a part of, which constitutes, or
which has been shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having reasonable cause to
believe that the firearm or ammunition was stolen.".
  SEC. 110512. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR
FORGERY.

  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement of the punishment for a
defendant convicted of a felony under chapter 25 of title 18, United States
Code, if the defendant used or carried a firearm (as defined in section
921(a)(3) of title 18, United States Code) during and in relation to the
felony.
                                                                   [pH8833]

  SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS
AND SERIOUS DRUG OFFENDERS.

  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to-

  (1) appropriately enhance penalties in cases in which a defendant
convicted under section 922(g) of title 18, United States Code, has 1 prior
conviction by any court referred to in section 922(g)(1) of title 18 for a
violent felony (as defined in section 924(e)(2)(B) of that title) or a
serious drug offense (as defined in section 924(e)(2)(A) of that title); and

  (2) appropriately enhance penalties in cases in which such a defendant has
2 prior convictions for a violent felony (as so defined) or a serious drug
offense (as so defined).
  SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.

  Section 922(a) of title 18, United States Code, is amended-

  (1) by striking "and" at the end of paragraph (7);

  (2) by striking the period at the end of paragraph (8) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:

  "(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does not reside in
any State to receive any firearms unless such receipt is for lawful sporting
purposes.".
  SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

  (a) FIREARMS.-Section 924 of title 18, United States Code, as amended by
section 110504(a), is amended by adding at the end the following new
subsection:

  "(l) A person who steals any firearm from a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector shall be fined under
this title, imprisoned not more than 10 years, or both.".

  (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as amended by
section 110204(b), is amended by adding at the end the following new
subsection:

  "(l) A person who steals any explosive material from a licensed importer,
licensed manufacturer, or licensed dealer, or from any permittee shall be
fined under this title, imprisoned not more than 10 years, or both.".
  SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

  Section 842(d) of title 18, United States Code, is amended by
striking "licensee" and inserting "person".
  SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

  Section 924 of title 18, United States Code, as amended by section
110515(a), is amended by adding at the end the following new subsection:

  "(m) A person who, with the intent to engage in conduct that constitutes a
violation of section 922(a)(1)(A), travels from any State or foreign country
into any other State and acquires, or attempts to acquire, a firearm in such
other State in furtherance of such purpose shall be imprisoned for not more
than 10 years.".
  SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.

  (a) FIREARMS.-Section 924 of title 18, United States Code, as amended by
section 110517(a), is amended by adding at the end the following new
subsection:

  "(n) A person who conspires to commit an offense under subsection (c)
shall be imprisoned for not more than 20 years, fined under this title, or
both; and if the firearm is a machinegun or destructive device, or is
equipped with a firearm silencer or muffler, shall be imprisoned for any term
of years or life.".

  (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as amended by
section 110515(b), is amended by adding at the end the following new
subsection:

  "(m) A person who conspires to commit an offense under subsection (h)
shall be imprisoned for any term of years not exceeding 20, fined under this
title, or both.
  SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.

  Section 921(a)(17) of title 18, United States Code, is amended by revising
subparagraph (B) and adding a new subparagraph (C) to read as follows:

  "(B) The term `armor piercing ammunition' means-

  "(i) a projectile or projectile core which may be used in a handgun and
which is constructed entirely (excluding the presence of traces of other
substances) from one or a combination of tungsten alloys, steel, iron, brass,
bronze, beryllium copper, or depleted uranium; or

  "(ii) a full jacketed projectile larger than .22 caliber designed and
intended for use in a handgun and whose jacket has a weight of more than 25
percent of the total weight of the projectile.

  "(C) The term `armor piercing ammunition' does not include shotgun shot
required by Federal or State environmental or game regulations for hunting
purposes, a frangible projectile designed for target shooting, a projectile
which the Secretary finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which the Secretary
finds is intended to be used for industrial purposes, including a charge used
in an oil and gas well perforating device.".

                             TITLE XII-TERRORISM

  SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CERTAIN TERRORISM
OFFENSES.

  (a) IN GENERAL.-Chapter 213 of title 18, United States Code, is amended by
inserting after section 3285 the following new section:
  "3286. Extension of statute of limitation for certain terrorism offenses

  "Notwithstanding section 3282, no person shall be prosecuted, tried, or
punished for any offense involving a violation of section 32 (aircraft
destruction), section 36 (airport violence), section 112 (assaults upon
diplomats), section 351 (crimes against Congressmen or Cabinet officers),
section 1116 (crimes against diplomats), section 1203 (hostage taking),
section 1361 (willful injury to government property), section 1751 (crimes
against the President), section 2280 (maritime violence), section
2281 (maritime platform violence), section 2331 (terrorist acts abroad
against United States nationals), section 2339 (use of weapons of mass
destruction), or section 2340A (torture) of this title or section 46502,
46504, 46505, or 46506 of title 49, unless the indictment is found or the
information is instituted within 8 years after the offense was committed.".

  (b) APPLICATION OF AMENDMENT.-The amendment made by subsection (a) shall
not apply to any offense committed more than 5 years prior to the date of
enactment of this Act.

  (c) TECHNICAL AMENDMENT.-The chapter analysis for chapter 213 of title 18,
United States Code, is amended by inserting after the item relating to
section 3285 the following new item:



"3286. Extension of statute of limitation for certain terrorism offenses.".

  SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON
CERTAIN FOREIGN SHIPS.

  Section 7 of title 18, United States Code (relating to the special
maritime and territorial jurisdiction of the United States), is amended by
inserting at the end thereof the following new paragraph:

  "(8) To the extent permitted by international law, any foreign vessel
during a voyage having a scheduled departure from or arrival in the United
States with respect to an offense committed by or against a national of the
United States.".
  SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

  (a) IN GENERAL.-Chapter 25 of title 18, United States Code, is amended by
adding before section 471 the following new section:
  "470. Counterfeit acts committed outside the United States

  "A person who, outside the United States, engages in the act of-

  "(1) making, dealing, or possessing any counterfeit obligation or other
security of the United States; or

  "(2) making, dealing, or possessing any plate, stone, or other thing, or
any part thereof, used to counterfeit such obligation or security,

  if such act would constitute a violation of section 471, 473, or 474 if
committed within the United States, shall be fined under this title,
imprisoned not more than 20 years, or both.".

  (b) TECHNICAL AMENDMENTS.-

  (1) CHAPTER ANALYSIS.-The chapter analysis for chapter 25 of title 18,
United States Code, is amended by adding before section 471 the following new
item:



"470. Counterfeit acts committed outside the United States.".


  (2) PART ANALYSIS.-The part analysis for part I of title 18, United States
Code, is amended by amending the item for chapter 25 to read as follows:


"25. Counterfeiting and
                                                  forgery
470".

  SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

  The United States Sentencing Commission is directed to amend its
sentencing guidelines to provide an appropriate enhancement for any felony,
whether committed within or outside the United States, that involves or is
intended to promote international terrorism, unless such involvement or
intent is itself an element of the crime.
  SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

  (a) OFFENSE.-Chapter 113A of title 18, United States Code, is amended by
adding the following new section:
  "2339A. Providing material support to terrorists

  "(a) DEFINITION.-In this section, `material support or resources' means
currency or other financial securities, financial services, lodging,
training, safehouses, false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, but does not include humanitarian
assistance to persons not directly involved in such violations.

  "(b) OFFENSE.-A person who, within the United States, provides material
support or resources or conceals or disguises the nature, location, source,
or ownership of material support or resources, knowing or intending that they
are to be used in preparation for, or in carrying out, a violation of section
32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2331, or 2339 of this title or section 46502 of title 49, or in preparation
for or carrying out the concealment of an escape from the commission of any
such violation, shall be fined under this title, imprisoned not more than 10
years, or both.

  "(c) INVESTIGATIONS.-

  "(1) IN GENERAL.-Within the United States, an investigation may be
initiated or continued under this section only when facts reasonably indicate
that-

  "(A) in the case of an individual, the individual knowingly or
intentionally engages, has engaged, or is about to engage in the violation of
this or any other Federal criminal law; and

  "(B) in the case of a group of individuals, the group knowingly or
intentionally engages, has engaged, or is about to engage in the violation of
this or any other Federal criminal law.

  "(2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT.-An investigation may not
be initiated or continued under this section based on activities protected by
the First Amendment to the Constitution, including expressions of support or
the provision of financial support for the nonviolent political, religious,
philosophical, or ideological goals or beliefs of any person or group.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 113A of title
18, United States Code, is amended by adding the following new item:



"2339A. Providing material support to terrorists.".

                                                                   [pH8834]


            TITLE XIII-CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

  SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR
REENTERING, AFTER FINAL ORDER OF DEPORTATION.

  (a) FAILURE TO DEPART.-Section 242(e) of the Immigration and Nationality
Act (8 U.S.C. 1252(e)) is amended-

  (1) by striking "paragraph (2), (3), or (4) of" the first time it appears;
and

  (2) by striking "shall be imprisoned not more than ten years" and
inserting "shall be imprisoned not more than four years, or shall be
imprisoned not more than ten years if the alien is a member of any of the
classes described in paragraph (1)(E), (2), (3), or (4) of section 241(a).".

  (b) REENTRY.-Section 276(b) of the Immigration and Nationality Act (8
U.S.C. 1326(b)) is amended-

  (1) in paragraph (1)-

  (A) by inserting after "commission of" the following: "three or more
misdemeanors involving drugs, crimes against the person, or both, or"; and

  (B) by striking "5" and inserting "10";

  (2) in paragraph (2), by striking "15" and inserting "20"; and

  (3) by adding at the end the following sentence:

  "For the purposes of this subsection, the term `deportation' includes any
agreement in which an alien stipulates to deportation during a criminal trial
under either Federal or State law.".
  SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

  (a) OPERATION.-The Attorney General shall, under the authority of section
242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)),
operate a criminal alien tracking center.

  (b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (1) $3,400,000 for fiscal year 1996;

  (2) $3,600,000 for fiscal year 1997;

  (3) $3,700,000 for fiscal year 1998;

  (4) $3,800,000 for fiscal year 1999; and

  (5) $3,900,000 for fiscal year 2000.
  SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM INFORMATION.

  (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION.-Section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-

  (1) by striking "or" at the end of subparagraph (Q),

  (2) by striking the period at the end of subparagraph (R) and inserting ";
or", and

  (3) by adding at the end the following new subparagraph:

  "(S) subject to section 214(j), an alien-

  "(i) who the Attorney General determines-

"(I) is in possession of critical reliable information concerning a criminal
organization or enterprise;

"(II) is willing to supply or has supplied such information to Federal or
State law enforcement authorities or a Federal or State court; and

"(III) whose presence in the United States the Attorney General determines
is essential to the success of an authorized criminal investigation or the
successful prosecution of an individual involved in the criminal organization
or enterprise; or

  "(ii) who the Secretary of State and the Attorney General jointly
determine-

"(I) is in possession of critical reliable information concerning a
terrorist organization, enterprise, or operation;

"(II) is willing to supply or has supplied such information to Federal law
enforcement authorities or a Federal court;

"(III) will be or has been placed in danger as a result of providing such
information; and

"(IV) is eligible to receive a reward under section 36(a) of the State
Department Basic Authorities Act of 1956,

  and, if the Attorney General (or with respect to clause (ii), the
Secretary of State and the Attorney General jointly) considers it to be
appropriate, the spouse, married and unmarried sons and daughters, and
parents of an alien described in clause (i) or (ii) if accompanying, or
following to join, the alien.".

  (b) CONDITIONS OF ENTRY.-

  (1) WAIVER OF GROUNDS FOR EXCLUSION.-Section 212(d) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)) is amended by inserting at the beginning
the following new paragraph:

  "(1) The Attorney General shall determine whether a ground for exclusion
exists with respect to a nonimmigrant described in section 101(a)(15)(S). The
Attorney General, in the Attorney General's discretion, may waive the
application of subsection (a) (other than paragraph (3)(E)) in the case of a
nonimmigrant described in section 101(a)(15)(S), if the Attorney General
considers it to be in the national interest to do so. Nothing in this section
shall be regarded as prohibiting the Immigration and Naturalization Service
from instituting deportation proceedings against an alien admitted as a
nonimmigrant under section 101(a)(15)(S) for conduct committed after the
alien's admission into the United States, or for conduct or a condition that
was not disclosed to the Attorney General prior to the alien's admission as a
nonimmigrant under section 101(a)(15)(S).".

  (2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC.-Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the
end the following new subsection:

  "(j)(1) The number of aliens who may be provided a visa as nonimmigrants
under section 101(a)(15)(S)(i) in any fiscal year may not exceed 100. The
number of aliens who may be provided a visa as nonimmigrants under section
101(a)(15)(S)(ii) in any fiscal year may not exceed 25.

  "(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.

  "(3) The period of admission of an alien as such a nonimmigrant may not
exceed 3 years. Such period may not be extended by the Attorney General.

  "(4) As a condition for the admission, and continued stay in lawful
status, of such a nonimmigrant, the nonimmigrant-

  "(A) shall report not less often than quarterly to the Attorney General
such information concerning the alien's whereabouts and activities as the
Attorney General may require;

  "(B) may not be convicted of any criminal offense punishable by a term of
imprisonment of 1 year or more after the date of such admission;

  "(C) must have executed a form that waives the nonimmigrant's right to
contest, other than on the basis of an application for withholding of
deportation, any action for deportation of the alien instituted before the
alien obtains lawful permanent resident status; and

  "(D) shall abide by any other condition, limitation, or restriction
imposed by the Attorney General.

  "(5) The Attorney General shall submit a report annually to the Committee
on the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate concerning-

  "(A) the number of such nonimmigrants admitted;

  "(B) the number of successful criminal prosecutions or investigations
resulting from cooperation of such aliens;

  "(C) the number of terrorist acts prevented or frustrated resulting from
cooperation of such aliens;

  "(D) the number of such nonimmigrants whose admission or cooperation has
not resulted in successful criminal prosecution or investigation or the
prevention or frustration of a terrorist act; and

  "(E) the number of such nonimmigrants who have failed to report
quarterly (as required under paragraph (4)) or who have been convicted of
crimes in the United States after the date of their admission as such a
nonimmigrant.".

  (3) PROHIBITION OF CHANGE OF STATUS.-Section 248(1) of the Immigration and
Naturalization Act (8 U.S.C. 1258(1)) is amended by striking "or (K)" and
inserting "(K), or (S)".

  (c) ADJUSTMENT TO PERMANENT RESIDENT STATUS.-

  (1) IN GENERAL.-Section 245 of the Immigration and Nationality Act (8
U.S.C. 1255) is amended by adding at the end the following new subsection:

  "(i)(1) If, in the opinion of the Attorney General-

  "(A) a nonimmigrant admitted into the United States under section
101(a)(15)(S)(i) has supplied information described in subclause (I) of such
section; and

  "(B) the provision of such information has substantially contributed to
the success of an authorized criminal investigation or the prosecution of an
individual described in subclause (III) of that section,

  the Attorney General may adjust the status of the alien (and the spouse,
married and unmarried sons and daughters, and parents of the alien if
admitted under that section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section 212(a)(3)(E).

  "(2) If, in the sole discretion of the Attorney General-

  "(A) a nonimmigrant admitted into the United States under section
101(a)(15)(S)(ii) has supplied information described in subclause (I) of such
section, and

  "(B) the provision of such information has substantially contributed to-

  "(i) the prevention or frustration of an act of terrorism against a United
States person or United States property, or

  "(ii) the success of an authorized criminal investigation of, or the
prosecution of, an individual involved in such an act of terrorism, and

  "(C) the nonimmigrant has received a reward under section 36(a) of the
State Department Basic Authorities Act of 1956,

  the Attorney General may adjust the status of the alien (and the spouse,
married and unmarried sons and daughters, and parents of the alien if
admitted under such section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section 212(a)(3)(E).

  "(3) Upon the approval of adjustment of status under paragraphs (1)
or (2), the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval and the Secretary of
State shall reduce by one the number of visas authorized to be issued under
sections 201(d) and 203(b)(4) for the fiscal year then current.".

  (2) EXCLUSIVE MEANS OF ADJUSTMENT.-Section 245(c) of the Immigration and
Nationality Act (8 U.S.C. 1255(c)) is amended by striking "or" before "(4)"
and by inserting before the period at the end the following: "; or (5) an
alien who was admitted as a nonimmigrant described in section 101(a)(15)(S)".

  (d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION OF A CRIME.-Section
241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 U.S.C.
1251(a)(2)(A)(i)(I)) is amended by inserting "(or 10 years in the case of an
alien provided lawful permanent resident status under section 245(i))"
after "five years".
                                                                   [pH8835]

  SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE
NOT PERMANENT RESIDENTS.

  (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR CERTAIN CRIMINAL
ALIENS.-Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a)
is amended by adding at the end the following new subsection:

  "(b) DEPORTATION OF ALIENS WHO ARE NOT PERMANENT RESIDENTS.-

  "(1) The Attorney General may, in the case of an alien described in
paragraph (2), determine the deportability of such alien under section
241(a)(2)(A)(iii) (relating to conviction of an aggravated felony) and issue
an order of deportation pursuant to the procedures set forth in this
subsection or section 242(b).

  "(2) An alien is described in this paragraph if the alien-

  "(A) was not lawfully admitted for permanent residence at the time at
which proceedings under this section commenced; and

  "(B) is not eligible for any relief from deportation under this Act.

  "(3) The Attorney General may not execute any order described in
paragraph (1) until 30 calendar days have passed from the date that such
order was issued, unless waived by the alien, in order that the alien has an
opportunity to apply for judicial review under section 106.

  "(4) Proceedings before the Attorney General under this subsection shall
be in accordance with such regulations as the Attorney General shall
prescribe. The Attorney General shall provide that-

  "(A) the alien is given reasonable notice of the charges and of the
opportunity described in subparagraph (C);

  "(B) the alien shall have the privilege of being represented (at no
expense to the government) by such counsel, authorized to practice in such
proccedings, as the alien shall choose;

  "(C) the alien has a reasonable opportunity to inspect the evidence and
rebut the charges;

  "(D) the determination of deportability is supported by clear, convincing,
and unequivocal evidence and a record is maintained for judicial review; and

  "(E) the final order of deportation is not entered by the same person who
issues the charges.".

  (b) LIMITED JUDICIAL REVIEW.-Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended-

  (1) in the first sentence of subsection (a), by inserting "or pursuant to
section 242A" after "under section 242(b)";

  (2) in subsection (a)(1) and subsection (a)(3), by inserting "(including
an alien described in section 242A)" after "aggravated felony"; and

  (3) by adding at the end the following new subsection:

  "(d)(1) A petition for review or for habeas corpus on behalf of an alien
against whom a final order of deportation has been issued pursuant to section
242A(b) may challenge only-

  "(A) whether the alien is in fact the alien described in the order;

  "(B) whether the alien is in fact an alien described in section
242A(b)(2);

  "(C) whether the alien has been convicted of an aggravated felony and such
conviction has become final; and

  "(D) whether the alien was afforded the procedures required by section
242A(b)(5).

  "(2) No court shall have jurisdiction to review any issue other than an
issue described in paragraph (1).".

  (c) TECHNICAL AMENDMENTS.-Section 242A of the Immigration and Nationality
Act (8 U.S.C. 1252a) is amended-

  (1) by amending the heading to read as follows:

           "EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING
                            AGGRAVATED FELONIES";


  (2) in subsection (a), as designated prior to enactment of this Act, by
striking "(a) IN GENERAL.-" and inserting the following:

  "(a) DEPORTATION OF CRIMINAL ALIENS.-

  "(1) IN GENERAL.-";

  (3) in subsection (b), as designated prior to enactment of this Act, by
striking "(b) IMPLEMENTATION.-" and inserting "(2) IMPLEMENTATION.-";

  (4) by striking subsection (c);

  (5) in subsection (d)-

  (A) by striking "(d) EXPEDITED PROCEEDINGS.-(1)" and inserting "(3)
EXPEDITED PROCEEDINGS.-(A)"; and

  (B) by striking "(2)" and inserting "(B)"; and

  (6) in subsection (e)-

  (A) by striking "(e) REVIEW.-(1)" and inserting "(4) REVIEW.-(A)";

  (B) by striking the second sentence; and

  (C) by striking "(2)" and inserting "(B)".

  (d) EFFECTIVE DATE.-The amendments made by this section shall apply to all
aliens against whom deportation proceedings are initiated after the date of
enactment of this Act.
  SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.

  (a) IN GENERAL.-The Attorney General may provide for the expeditious
adjudication of asylum claims and the expeditious deportation of asylum
applicants whose applications have been finally denied, unless the applicant
remains in an otherwise valid nonimmigrant status.

  (b) EMPLOYMENT AUTHORIZATION.-Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following
new subsection:

  "(e) An applicant for asylum is not entitled to employment authorization
except as may be provided by regulation in the discretion of the Attorney
General.".

  (c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (1) $64,000,000 for fiscal year 1995;

  (2) $90,000,000 for fiscal year 1996;

  (3) $93,000,000 for fiscal year 1997; and

  (4) $91,000,000 for fiscal year 1998.
  SEC. 130006. IMPROVING BORDER CONTROLS.

  (a) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated for the Immigration and Naturalization Service to increase the
resources for the Border Patrol, the Inspections Program, and the Deportation
Branch to apprehend illegal aliens who attempt clandestine entry into the
United States or entry into the United States with fraudulent documents or
who remain in the country after their nonimmigrant visas expire-

  (1) $228,000,000 for fiscal year 1995;

  (2) $185,000,000 for fiscal year 1996;

  (3) $204,000,000 for fiscal year 1997;

  (4) $58,000,000 for fiscal year 1998.

  Of the sums authorized in this section, all necessary funds shall, subject
to the availability of appropriations, be allocated to increase the number of
agent positions (and necessary support personnel positions) in the Border
Patrol by not less than 1,000 full-time equivalent positions in each of
fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of
October 1, 1994.

  (b) REPORT.-By September 30, 1996 and September 30, 1998, the Attorney
General shall report to the Congress on the programs described in this
section. The report shall include an evaluation of the programs, an
outcome-based measurement of performance, and an analysis of the cost
effectiveness of the additional resources provided under this Act.
  SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

  (a) IN GENERAL.-Subject to the availability of appropriations, the
Attorney General may expand the program authorized by section 242A(d) and
242(i) of the Immigration and Nationality Act to ensure that such aliens are
immediately deportable upon their release from incarceration.

  (b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.-Subject to the availability
of appropriations, the Attorney General may-

  (1) construct or contract for the construction of 2 Immigration and
Naturalization Service Processing Centers to detain criminal aliens; and

  (2) provide for the detention and removal of such aliens.

  (c) REPORT.-By September 30, 1996, and September 30, 1998 the Attorney
General shall report to the Congress on the programs referred to in
subsections (a) and (b). The report shall include an evaluation of the
programs, an outcome-based measurement of performance, and an analysis of the
cost effectiveness of the additional resources provided under this Act.

  (d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (1) $55,000,000 for fiscal year 1995;

  (2) $54,000,000 for fiscal year 1996;

  (3) $49,000,000 for fiscal year 1997; and

  (4) $2,000,000 for fiscal year 1998.
  SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.

  (a) IN GENERAL.-Subject to subsection (b) and notwithstanding any other
provision of law, the Attorney General, in the discretion of the Attorney
General, may accept, hold, administer, and utilize gifts of property and
services (which may not include cash assistance) from State and local
governments for the purpose of assisting the Immigration and Naturalization
Service in the transportation of deportable aliens who are arrested for
misdemeanor or felony crimes under State or Federal law and who are either
unlawfully within the United States or willing to submit to voluntary
departure under safeguards. Any property acquired pursuant to this section
shall be acquired in the name of the United States.

  (b) LIMITATION.-The Attorney General shall terminate or rescind the
exercise of the authority under subsection (a) if the Attorney General
determines that the exercise of such authority has resulted in discrimination
by law enforcement officials on the basis of race, color, or national origin.
  SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.

  (a) IN GENERAL.-Chapter 75 of title 18, United States Code, is amended-

  (1) in section 1541 by striking "not more than $500 or imprisoned not more
than one year" and inserting "under this title, imprisoned not more than 10
years";

  (2) in each of sections 1542, 1543, and 1544 by striking "not more
than $2,000 or imprisoned not more than five years" and inserting "under this
title, imprisoned not more than 10 years";

  (3) in section 1545 by striking "not more than $2,000 or imprisoned not
more than three years" and inserting "under this title, imprisoned not more
than 10 years";

  (4) in section 1546(a) by striking "five years" and inserting "10 years";

  (5) in section 1546(b) by striking "in accordance with this title, or
imprisoned not more than two years" and inserting "under this title,
imprisoned not more than 5 years"; and

  (6) by adding at the end the following new section:
  "1547. Alternative imprisonment maximum for certain offenses

  "Notwithstanding any other provision of this title, the maximum term of
imprisonment that may be imposed for an offense under this chapter (other
than an offense under section 1545)-

  "(1) if committed to facilitate a drug trafficking crime (as defined in
929(a)) is 15 years; and

  "(2) if committed to facilitate an act of international terrorism (as
defined in section 2331) is 20 years.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 75 of title 18,
United States Code, is amended by adding at the end the following new item:



"1547. Alternative imprisonment maximum for certain offenses.".

                                                                   [pH8836]

  SEC. 130010. ASYLUM.

  (a) FINDINGS.-The Senate finds that-

  (1) in the last decade applications for asylum have greatly exceeded the
original 5,000 annual limit provided in the Refugee Act of 1980, with more
than 150,000 asylum applications filed in fiscal year 1993, and the backlog
of cases growing to 340,000;

  (2) this flood of asylum claims has swamped the system, creating delays in
the processing of applications of up to several years;

  (3) the delay in processing asylum claims due to the overwhelming numbers
has contributed to numerous problems, including-

  (A) an abuse of the asylum laws by fraudulent applicants whose primary
interest is obtaining work authority in the United States while their claim
languishes in the backlogged asylum processing system;

  (B) the growth of alien smuggling operations, often involving organized
crime;

  (C) a drain on limited resources resulting from the high cost of
processing frivolous asylum claims through our multilayered system; and

  (D) an erosion of public support for asylum, which is a treaty obligation.

  (4) asylum, a safe haven protection for aliens abroad who cannot return
home, has been perverted by some aliens who use asylum claims to circumvent
our immigration and refugee laws and procedures; and

  (5) a comprehensive revision of our asylum law and procedures is required
to address these problems.

  (b) POLICY.-It is the sense of the Senate that-

  (1) asylum is a process intended to protect aliens in the United States
who cannot safely return home;

  (2) persons outside their country of nationality who have a well-founded
fear of persecution if they return should apply for refugee status at one of
our refugee processing offices abroad; and

  (3) the immigration, refugee and asylum laws of the United States should
be reformed to provide-

  (A) a procedure for the expeditious exclusion of any asylum applicant who
arrives at a port-of-entry with fraudulent documents, or no documents, and
makes a noncredible claim of asylum; and

  (B) the immigration, refugee and asylum laws of the United States should
be reformed to provide for a streamlined affirmative asylum processing system
for asylum applicants who make their application after they have entered the
United States.

                          TITLE XIV-YOUTH VIOLENCE

  SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF
VIOLENCE.

  The 4th undesignated paragraph of section 5032 of title 18, United States
Code, is amended by striking "; however" and inserting ". In the application
of the preceding sentence, if the crime of violence is an offense under
section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a
firearm during the offense, section 2111, 2113, 2241(a), or
2241(c), `thirteen' shall be substituted for `fifteen' and `thirteenth' shall
be substituted for `fifteenth'. Notwithstanding sections 1152 and 1153, no
person subject to the criminal jurisdiction of an Indian tribal government
shall be subject to the preceding sentence for any offense the Federal
jurisdiction for which is predicated solely on Indian country (as defined in
section 1151), and which has occurred within the boundaries of such Indian
country, unless the governing body of the tribe has elected that the
preceding sentence have effect over land and persons subject to its criminal
jurisdiction. However".
  SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.

  Section 5032 of title 18, United States Code, is amended by striking "Any
proceedings against a juvenile under this chapter or as an adult shall not be
commenced until" and inserting "A juvenile shall not be transferred to adult
prosecution nor shall a hearing be held under section 5037 (disposition after
a finding of juvenile delinquency) until".
  SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.

  Section 5039 of title 18, United States Code, is amended by inserting ",
whether pursuant to an adjudication of delinquency or conviction for an
offense," after "committed" the first place it appears.
  SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.

  Section 501(b) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3751), as amended by section 100003, is amended-

  (1) by striking "and" at the end of paragraph (21);

  (2) by striking the period at the end of paragraph (22) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:

  "(23) programs that address the need for effective bindover systems for
the prosecution of violent 16- and 17-year-old juveniles in courts with
jurisdiction over adults for the crimes of-

  "(A) murder in the first degree;

  "(B) murder in the second degree;

  "(C) attempted murder;

  "(D) armed robbery when armed with a firearm;

  "(E) aggravated battery or assault when armed with a firearm;

  "(F) criminal sexual penetration when armed with a firearm; and

  "(G) drive-by shootings as described in section 36 of title 18, United
States Code.".
  SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY
JUVENILES.

  Section 5038 of title 18, United States Code, is amended in subsection (f)
by adding "or whenever a juvenille has been found guilty of committing an act
after his 13th birthday which if committed by an adult would be an offense
described in the second sentence of the fourth paragraph of section 5032 of
this title," after "title 21,".
  SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE
DRUGS NEAR SCHOOLS AND PLAYGROUNDS.

  Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended-

  (1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and

  (2) by inserting after subsection (b) the following new subsection:

  "(c) Notwithstanding any other law, any person at least 21 years of age
who knowingly and intentionally-

  "(1) employs, hires, uses, persuades, induces, entices, or coerces a
person under 18 years of age to violate this section; or

  "(2) employs, hires, uses, persuades, induces, entices, or coerces a
person under 18 years of age to assist in avoiding detection or apprehension
for any offense under this section by any Federal, State, or local law
enforcement official,

  is punishable by a term of imprisonment, a fine, or both, up to triple
those authorized by section 401.".
  SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE
AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.

  (a) TRAVEL ACT PENALTIES.-Section 1952(a) of title 18, United States Code,
is amended by striking "and thereafter performs or attempts to perform any of
the acts specified in subparagraphs (1), (2), and (3), shall be fined not
more than $10,000 or imprisoned for not more than five years, or both." and
inserting "and thereafter performs or attempts to perform-

  "(A) an act described in paragraph (1) or (3) shall be fined under this
title, imprisoned not more than 5 years, or both; or

  "(B) an act described in paragraph (2) shall be fined under this title,
imprisoned for not more than 20 years, or both, and if death results shall be
imprisoned for any term of years or for life.".

  (b) MURDER CONSPIRACY PENALTIES.-Section 1958(a) of title 18, United
States Code, is amended by inserting "or who conspires to do so"
before "shall be fined" the first place it appears.
  SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.

  (a) DIRECTIVE TO SENTENCING COMMISSION.-(1) The United States Sentencing
Commission shall promulgate guidelines or amend existing guidelines to
provide that a defendant 21 years of age or older who has been convicted of
an offense shall receive an appropriate sentence enhancement if the defendant
involved a minor in the commission of the offense.

  (2) The Commission shall provide that the guideline enhancement
promulgated pursuant to paragraph (1) shall apply for any offense in relation
to which the defendant has solicited, procured, recruited, counseled,
encouraged, trained, directed, commanded, intimidated, or otherwise used or
attempted to use any person less than 18 years of age with the intent that
the minor would commit a Federal offense.

  (b) RELEVANT CONSIDERATIONS.-In implementing the directive in
subsection (a), the Sentencing Commission shall consider-

  (1) the severity of the crime that the defendant intended the minor to
commit;

  (2) the number of minors that the defendant used or attempted to use in
relation to the offense;

  (3) the fact that involving a minor in a crime of violence is frequently
of even greater seriousness than involving a minor in a drug trafficking
offense, for which the guidelines already provide a two-level enhancement;
and

  (4) the possible relevance of the proximity in age between the offender
and the minor(s) involved in the offense.

                        TITLE XV-CRIMINAL STREET GANGS

  SEC. 150001. CRIMINAL STREET GANGS.

  (a) IN GENERAL.-Part I of title 18, United States Code, is amended by
inserting after chapter 25 the following new chapter:

                      "CHAPTER 26-CRIMINAL STREET GANGS

  "521. Criminal street gangs

  "(a) DEFINITIONS.-

  "`conviction' includes a finding, under State or Federal law, that a
person has committed an act of juvenile delinquency involving a violent or
controlled substances felony.

  "`criminal street gang' means an ongoing group, club, organization, or
association of 5 or more persons-

  "(A) that has as 1 of its primary purposes the commission of 1 or more of
the criminal offenses described in subsection (c);

  "(B) the members of which engage, or have engaged within the past 5 years,
in a continuing series of offenses described in subsection (c); and

  "(C) the activities of which affect interstate or foreign commerce.

  "(b) PENALTY.-The sentence of a person convicted of an offense described
in subsection (c) shall be increased by up to 10 years if the offense is
committed under the circumstances described in subsection (d).

  "(c) OFFENSES.-The offenses described in this section are-

  "(1) a Federal felony involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the
maximum penalty is not less than 5 years;

  "(2) a Federal felony crime of violence that has as an element the use or
attempted use of physical force against the person of another; and

  "(3) a conspiracy to commit an offense described in paragraph (1) or (2).

  "(d) CIRCUMSTANCES.-The circumstances described in this section are that
the offense described in subsection (c) was committed by a person who-

  "(1) participates in a criminal street gang with knowledge that its
members engage in or have engaged in a continuing series of offenses
described in subsection (c);

  "(2) intends to promote or further the felonious activities of the
criminal street gang or maintain or increase his or her position in the gang;
and

  "(3) has been convicted within the past 5 years for-

  "(A) an offense described in subsection (c);

  "(B) a State offense-

"(i) involving a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is
not less than 5 years' imprisonment; or

"(ii) that is a felony crime of violence that has as an element the use or
attempted use of physical force against the person of another;

  "(C) any Federal or State felony offense that by its nature involves a
substantial risk that physical force against the person of another may be
used in the course of committing the offense; or

  "(D) a conspiracy to commit an offense described in subparagraph (A), (B),
or (C).".

  (b) TECHNICAL AMENDMENT.-The part analysis for part I of title 18, United
States Code, is amended by inserting after the item relating to chapter 25
the following new item:


"26. Criminal street
                         gangs                     521".

                                                                   [pH8837]

  SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

  Section 5032 of title 18, United States Code, is amended-

  (1) in the first undesignated paragraph by striking "922(p)" and
inserting "924(b), (g), or (h)";

  (2) in the fourth undesignated paragraph by inserting "or in section
924(b), (g), or (h) of this title," before "criminal prosecution" the first
place it appears; and

  (3) in the fifth undesignated paragraph by adding at the end the
following: "In considering the nature of the offense, as required by this
paragraph, the court shall consider the extent to which the juvenile played a
leadership role in an organization, or otherwise influenced other persons to
take part in criminal activities, involving the use or distribution of
controlled substances or firearms. Such a factor, if found to exist, shall
weigh in favor of a transfer to adult status, but the absence of this factor
shall not preclude such a transfer.".
  SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.

  Section 501(b) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3751(4)), as amended by section 140004, is amended-

  (1) by striking "and" at the end of paragraph (22);

  (2) by striking the period at the end of paragraph (23) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:

  "(24) law enforcement and prevention programs relating to gangs, or to
youth who are involved or at risk of involvement in gangs.".
  SEC. 150004. MENTORING PROGRAM.

  Section 288C of part G of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 is amended to read as follows:

                         "REGULATIONS AND GUIDELINES


  "SEC. 288C. (a) PROGRAM GUIDELINES.-The Administrator shall issue program
guidelines to implement this part. The program guidelines shall be effective
only after a period for public notice and comment.

  "(b) MODEL SCREENING GUIDELINES.-The Administrator shall develop and
distribute to program participants specific model guidelines for the
screening of prospective program mentors.".
  SEC. 150005. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY ASSISTED
LOW-INCOME HOUSING.

  Grants authorized in this Act to reduce or prevent juvenile drug and
gang-related activity in "public housing" may be used for such purposes in
federally assisted, low-income housing.
  SEC. 150006. GANG INVESTIGATION COORDINATION AND INFORMATION COLLECTION.

  (a) COORDINATION.-The Attorney General (or the Attorney General's
designee), in consultation with the Secretary of the Treasury (or the
Secretary's designee), shall develop a national strategy to coordinate
gang-related investigations by Federal law enforcement agencies.

  (b) DATA COLLECTION.-The Director of the Federal Bureau of Investigation
shall acquire and collect information on incidents of gang violence for
inclusion in an annual uniform crime report.

  (c) REPORT.-The Attorney General shall prepare a report on national gang
violence outlining the strategy developed under subsection (a) to be
submitted to the President and Congress by January 1, 1996.

  (d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 1996.
  SEC. 150007. MULTIJURISDICTIONAL GANG TASK FORCES.

  Section 504(f) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended by inserting "victims assistance programs, or
multijurisdictional gang task forces" after "drug task forces".

                         TITLE XVI-CHILD PORNOGRAPHY

  SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.

  (a) IMPORT RELATED OFFENSE.-Chapter 110 of title 18, United States Code,
is amended by adding at the end the following new section:
  "2258. Production of sexually explicit depictions of a minor for
importation into the United States

  "(a) USE OF MINOR.-A person who, outside the United States, employs, uses,
persuades, induces, entices, or coerces any minor to engage in, or who has a
minor assist any other person to engage in, or who transports any minor with
the intent that the minor engage in any sexually explicit conduct for the
purpose of producing any visual depiction of such conduct, intending that the
visual depiction will be imported into the United States or into waters
within 12 miles of the coast of the United States, shall be punished as
provided in subsection (c).

  "(b) USE OF VISUAL DEPICTION.-A person who, outside the United States,
knowingly receives, transports, ships, distributes, sells, or possesses with
intent to transport, ship, sell, or distribute any visual depiction of a
minor engaging in sexually explicit conduct (if the production of the visual
depiction involved the use of a minor engaging in sexually explicit conduct),
intending that the visual depiction will be imported into the United States
or into waters within a distance of 12 miles of the coast of the United
States, shall be punished as provided in subsection (c).

  "(c) PENALTIES.-A person who violates subsection (a) or (b), or conspires
or attempts to do so-

  "(1) shall be fined under this title, imprisoned not more than 10 years,
or both; and

  "(2) if the person has a prior conviction under this chapter or chapter
109A, shall be fined under this title, imprisoned not more than 20 years, or
both.".

  (b) TECHNICAL AMENDMENT.-

  (1) CHAPTER ANALYSIS.-The chapter analysis for chapter 110 of title 18,
United States Code, is amended by adding at the end the following new item:



"2258. Production of sexually explicit depictions of a minor for importation
into the United States.".


  (2) FINE PROVISIONS.-Section 2251(d) of title 18, United States Code, is
amended-

  (A) by striking "not more than $100,000, or" and inserting "under this
title,";

  (B) by striking "not more than $200,000, or" and inserting "under this
title,"; and

  (C) by striking "not more than $250,000" and inserting "under this title".

  (c) SECTION 2251 PENALTY ENHANCEMENT.-Section 2251(d) of title 18, United
States Code, is amended by striking "this section" the second place it
appears and inserting "this chapter or chapter 109A".

  (d) SECTION 2252 PENALTY ENHANCEMENT.-Section 2252(b)(1) of title 18,
United States Code, is amended by striking "this section" and inserting "this
chapter or chapter 109A".

  (e) CONSPIRACY AND ATTEMPT.-Sections 2251(d) and 2252(b) of title 18,
United States Code, are each amended by inserting ", or attempts or conspires
to violate," after "violates" each place it appears.

  (f) RICO AMENDMENT.-Section 1961(l) of title 18, United States Code, is
amended by striking "2251-2252" and inserting "2251, 2251A, 2252, and 2258".

  (g) TRANSPORTATION OF MINORS.-Section 2423 of title 18, United States
Code, is amended-

  (1) by striking "(a) Whoever" and inserting "(a) TRANSPORTATION WITH
INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.-A person who"; and

  (2) by adding at the end the following new subsection:

  "(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH A JUVENILE.-A person
who travels in interstate commerce, or conspires to do so, or a United States
citizen or an alien admitted for permanent residence in the United States who
travels in foreign commerce, or conspires to do so, for the purpose of
engaging in any sexual act (as defined in section 2245) with a person under
18 years of age that would be in violation of chapter 109A if the sexual act
occurred in the special maritime and territorial jurisdiction of the United
States shall be fined under this title, imprisoned not more than 10 years, or
both.".
  SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING
CHILD PORNOGRAPHY.

  It is the sense of the Congress that each State that has not yet done so
should enact legislation prohibiting the production, distribution, receipt,
or simple possession of materials depicting a person under 18 years of age
engaging in sexually explicit conduct (as defined in section 2256 of title
18, United States Code) and providing for a maximum imprisonment of at least
1 year and for the forfeiture of assets used in the commission or support of,
or gained from, such offenses.
  SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252
AND 2256 OF TITLE 18, UNITED STATES CODE.

  (a) DECLARATION.-The Congress declares that in enacting sections 2252 and
2256 of title 18, United States Code, it was and is the intent of Congress
that-

  (1) the scope of "exhibition of the genitals or pubic area" in section
2256(2)(E), in the definition of "sexually explicit conduct", is not limited
to nude exhibitions or exhibitions in which the outlines of those areas were
discernible through clothing; and

  (2) the requirements in section 2252(a) (1)(A), (2)(A), (3)(B)(i),
and (4)(B)(i) that the production of a visual depiction involve the use of a
minor engaging in "sexually explicit conduct" of the kind described in
section 2256(2)(E) are satisfied if a person photographs a minor in such a
way as to exhibit the child in a lascivious manner.

  (b) SENSE OF THE CONGRESS.-It is the sense of the Congress that in filing
its brief in United States v. Knox, No. 92-1183, and thereby depriving the
United States Supreme Court of the adverseness necessary for full and fair
presentation of the issues arising in the case, the Department of Justice did
not accurately reflect the intent of Congress in arguing that "the videotapes
in [the Knox case] constitute `lascivious exhibition[s] of the genitals or
pubic area' only if those body parts are visible in the tapes and the minors
posed or acted lasciviously.".
                                                                   [pH8838]


                      TITLE XVII-CRIMES AGAINST CHILDREN


           Subtitle A-Jacob Wetterling Crimes Against Children and
                  Sexually Violent Offender Registration Act

  SEC. 170101. ESTABLISHMENT OF PROGRAM.

  (a) IN GENERAL.-

  (1) STATE GUIDELINES.-The Attorney General shall establish guidelines for
State programs that require-

  (A) a person who is convicted of a criminal offense against a victim who
is a minor or who is convicted of a sexually violent offense to register a
current address with a designated State law enforcement agency for the time
period specified in subparagraph (A) of subsection (b)(6); and

  (B) a person who is a sexually violent predator to register a current
address with a designated State law enforcement agency unless such
requirement is terminated under subparagraph (B) of subsection (b)(6).

  (2) COURT DETERMINATION.-A determination that a person is a sexually
violent predator and a determination that a person is no longer a sexually
violent predator shall be made by the sentencing court after receiving a
report by a State board composed of experts in the field of the behavior and
treatment of sexual offenders.

  (3) DEFINITIONS.-For purposes of this section:

  (A) The term "criminal offense against a victim who is a minor" means any
criminal offense that consists of-

(i) kidnapping of a minor, except by a parent;

(ii) false imprisonment of a minor, except by a parent;

(iii) criminal sexual conduct toward a minor;

(iv) solicitation of a minor to engage in sexual conduct;

(v) use of a minor in a sexual performance;

(vi) solicitation of a minor to practice prostitution;

(vii) any conduct that by its nature is a sexual offense against a minor; or

(viii) an attempt to commit an offense described in any of clauses (i)
through (vii), if the State-

(I) makes such an attempt a criminal offense; and

(II) chooses to include such an offense in those which are criminal offenses
against a victim who is a minor for the purposes of this section.

  For purposes of this subparagraph conduct which is criminal only because
of the age of the victim shall not be considered a criminal offense if the
perpetrator is 18 years of age or younger.

  (B) The term "sexually violent offense" means any criminal offense that
consists of aggravated sexual abuse or sexual abuse (as described in sections
2241 and 2242 of title 18, United States Code, or as described in the State
criminal code) or an offense that has as its elements engaging in physical
contact with another person with intent to commit aggravated sexual abuse or
sexual abuse (as described in such sections of title 18, United States Code,
or as described in the State criminal code).

  (C) The term "sexually violent predator" means a person who has been
convicted of a sexually violent offense and who suffers from a mental
abnormality or personality disorder that makes the person likely to engage in
predatory sexually violent offenses.

  (D) The term "mental abnormality" means a congenital or acquired condition
of a person that affects the emotional or volitional capacity of the person
in a manner that predisposes that person to the commission of criminal sexual
acts to a degree that makes the person a menace to the health and safety of
other persons.

  (E) The term "predatory" means an act directed at a stranger, or a person
with whom a relationship has been established or promoted for the primary
purpose of victimization.

  (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SUPERVISED RELEASE, OR
PROBATION.-An approved State registration program established under this
section shall contain the following elements:

  (1) DUTY OF STATE PRISON OFFICIAL OR COURT.-

  (A) If a person who is required to register under this section is released
from prison, or placed on parole, supervised release, or probation, a State
prison officer, or in the case of probation, the court, shall-

(i) inform the person of the duty to register and obtain the information
required for such registration;

(ii) inform the person that if the person changes residence address, the
person shall give the new address to a designated State law enforcement
agency in writing within 10 days;

(iii) inform the person that if the person changes residence to another
State, the person shall register the new address with the law enforcement
agency with whom the person last registered, and the person is also required
to register with a designated law enforcement agency in the new State not
later than 10 days after establishing residence in the new State, if the new
State has a registration requirement;

(iv) obtain fingerprints and a photograph of the person if these have not
already been obtained in connection with the offense that triggers
registration; and

(v) require the person to read and sign a form stating that the duty of the
person to register under this section has been explained.

  (B) In addition to the requirements of subparagraph (A), for a person
required to register under subparagraph (B) of subsection (a)(1), the State
prison officer or the court, as the case may be, shall obtain the name of the
person, identifying factors, anticipated future residence, offense history,
and documentation of any treatment received for the mental abnormality or
personality disorder of the person.

  (2) TRANSFER OF INFORMATION TO STATE AND THE FBI.-The officer, or in the
case of a person placed on probation, the court, shall, within 3 days after
receipt of information described in paragraph (1), forward it to a designated
State law enforcement agency. The State law enforcement agency shall
immediately enter the information into the appropriate State law enforcement
record system and notify the appropriate law enforcement agency having
jurisdiction where the person expects to reside. The State law enforcement
agency shall also immediately transmit the conviction data and fingerprints
to the Federal Bureau of Investigation.

  (3) VERIFICATION.-

  (A) For a person required to register under subparagraph (A) of
subsection (a)(1), on each anniversary of the person's initial registration
date during the period in which the person is required to register under this
section the following applies:

(i) The designated State law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the person.

(ii) The person shall mail the verification form to the designated State law
enforcement agency within 10 days after receipt of the form.

(iii) The verification form shall be signed by the person, and state that
the person still resides at the address last reported to the designated State
law enforcement agency.

(iv) If the person fails to mail the verification form to the designated
State law enforcement agency within 10 days after receipt of the form, the
person shall be in violation of this section unless the person proves that
the person has not changed the residence address.

  (B) The provisions of subparagraph (A) shall be applied to a person
required to register under subparagraph (B) of subsection (a)(1), except that
such person must verify the registration every 90 days after the date of the
initial release or commencement of parole.

  (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN
ADDRESS.-A change of address by a person required to register under this
section reported to the designated State law enforcement agency shall be
immediately reported to the appropriate law enforcement agency having
jurisdiction where the person is residing. The designated law enforcement
agency shall, if the person changes residence to another State, notify the
law enforcement agency with which the person must register in the new State,
if the new State has a registration requirement.

  (5) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE.-A person who has
been convicted of an offense which requires registration under this section
shall register the new address with a designated law enforcement agency in
another State to which the person moves not later than 10 days after such
person establishes residence in the new State, if the new State has a
registration requirement.

  (6) LENGTH OF REGISTRATION.-

  (A) A person required to register under subparagraph (A) of
subsection (a)(1) shall continue to comply with this section until 10 years
have elapsed since the person was released from prison, placed on parole,
supervised release, or probation.

  (B) The requirement of a person to register under subparagraph (B) of
subsection (a)(1) shall terminate upon a determination, made in accordance
with paragraph (2) of subsection (a), that the person no longer suffers from
a mental abnormality or personality disorder that would make the person
likely to engage in a predatory sexually violent offense.

  (c) PENALTY.-A person required to register under a State program
established pursuant to this section who knowingly fails to so register and
keep such registration current shall be subject to criminal penalties in any
State in which the person has so failed.33

  (d) RELEASE OF INFORMATION.-The information collected under a State
registration program shall be treated as private data except that-

  (1) such information may be disclosed to law enforcement agencies for law
enforcement purposes;

  (2) such information may be disclosed to government agencies conducting
confidential background checks; and

  (3) the designated State law enforcement agency and any local law
enforcement agency authorized by the State agency may release relevant
information that is necessary to protect the public concerning a specific
person required to register under this section, except that the identity of a
victim of an offense that requires registration under this section shall not
be released.

  (e) IMMUNITY FOR GOOD FAITH CONDUCT.-Law enforcement agencies, employees
of law enforcement agencies, and State officials shall be immune from
liability for good faith conduct under this section.

  (f) COMPLIANCE.-

  (1) COMPLIANCE DATE.-Subject to paragraph (2), each State shall have not
more than 3 years from the date of enactment of this Act in which to
implement this section, except that the Attorney General may grant an
additional 2 years to a State that is making good faith efforts to implement
this section.

  (2) INELIGIBILITY FOR FUNDS.-

  (A) A State that fails to implement the program as described in this
section shall not receive 10 percent of the funds that would otherwise be
allocated to the State under section 506 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3765).

  (B) REALLOCATION OF FUNDS.-Any funds that are not allocated for failure to
comply with this section shall be reallocated to States that comply with this
section.
                                                                   [pH8839]


                     Subtitle B-Assaults Against Children

  SEC. 170201. ASSAULTS AGAINST CHILDREN.

  (a) SIMPLE ASSAULT.-Section 113(e) of title 18, United States Code, is
amended by inserting ", or if the victim of the assault is an individual who
has not attained the age of 16 years, by fine under this title or
imprisonment for not more than 1 year, or both" before the period.

  (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY INJURY.-Section 113 of title
18, United States Code, is amended by adding at the end the following:

  "(7) Assault resulting in substantial bodily injury to an individual who
has not attained the age of 16 years, by fine under this title or
imprisonment for not more than 5 years, or both.".

  (c) TECHNICAL AND STYLISTIC CHANGES TO SECTION 113.-Section 113 of title
18, United States Code, is amended-

  (1) in paragraph (b), by striking "of not more than $3,000" and
inserting "under this title";

  (2) in paragraph (c), by striking "of not more than $1,000" and
inserting "under this title";

  (3) in paragraph (d), by striking "of not more than $500" and
inserting "under this title";

  (4) by modifying the left margin of each of paragraphs (a) through (f) so
that they are indented 2 ems;

  (5) by redesignating paragraphs (a) through (f) as paragraphs (1)
through (6); and

  (6) by inserting "(a)" before "Whoever".

  (d) DEFINITIONS.-Section 113 of title 18, United States Code, is amended
by adding at the end the following:

  "(b) As used in this subsection-

  "(1) the term `substantial bodily injury' means bodily injury which
involves-

  "(A) a temporary but substantial disfigurement; or

  "(B) a temporary but substantial loss or impairment of the function of any
bodily member, organ, or mental faculty; and

  "(2) the term `serious bodily injury' has the meaning given that term in
section 1365 of this title.".

  (e) ASSAULTS IN INDIAN COUNTRY.-Section 1153(a) of title 18, United States
Code, is amended by inserting "(as defined in section 1365 of this title), an
assault against an individual who has not attained the age of 16 years"
after "serious bodily injury".

                  Subtitle C-Missing and Exploited Children

  SEC. 170301. SHORT TITLE.

  This subtitle may be cited as the "Morgan P. Hardiman Task Force on
Missing and Exploited Children Act".
  SEC. 170302. PURPOSE.

  The purpose of this subtitle is to establish a task force comprised of law
enforcement officers from pertinent Federal agencies to work with the
National Center for Missing and Exploited Children (referred to as
the "Center") and coordinate the provision of Federal law enforcement
resources to assist State and local authorities in investigating the most
difficult cases of missing and exploited children.
  SEC. 170303. ESTABLISHMENT OF TASK FORCE.

  Title IV of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5771 et seq.) is amended-

  (1) by redesignating sections 407 and 408 as sections 408 and 409,
respectively; and

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

                                 "TASK FORCE


  ``SEC. 407. (a) ESTABLISHMENT.-There is established a Missing and
Exploited Children's Task Force (referred to as the "Task Force").

  "(b) MEMBERSHIP.-

  "(1) IN GENERAL.-The Task Force shall include at least 2 members from each
of-

  "(A) the Federal Bureau of Investigation;

  "(B) the Secret Service;

  "(C) the Bureau of Alcohol, Tobacco and Firearms;

  "(D) the United States Customs Service;

  "(E) the Postal Inspection Service;

  "(F) the United States Marshals Service; and

  "(G) the Drug Enforcement Administration.

  "(2) CHIEF.-A representative of the Federal Bureau of Investigation (in
addition to the members of the Task Force selected under paragraph (1)(A))
shall act as chief of the Task Force.

  "(3) SELECTION.-(A) The Director of the Federal Bureau of Investigation
shall select the chief of the Task Force.

  "(B) The heads of the agencies described in paragraph (1) shall submit to
the chief of the Task Force a list of at least 5 prospective Task Force
members, and the chief shall select 2, or such greater number as may be
agreeable to an agency head, as Task Force members.

  "(4) PROFESSIONAL QUALIFICATIONS.-The members of the Task Force shall be
law enforcement personnel selected for their expertise that would enable them
to assist in the investigation of cases of missing and exploited children.

  "(5) STATUS.-A member of the Task Force shall remain an employee of his or
her respective agency for all purposes (including the purpose of performance
review), and his or her service on the Task Force shall be without
interruption or loss of civil service privilege or status and shall be on a
nonreimbursable basis.

  "(6) PERIOD OF SERVICE.-(A) Subject to subparagraph (B), 1 member from
each agency shall initially serve a 1-year term, and the other member from
the same agency shall serve a 1-year term, and may be selected to a renewal
of service for 1 additional year; thereafter, each new member to serve on the
Task Force shall serve for a 2-year period with the member's term of service
beginning and ending in alternate years with the other member from the same
agency; the period of service for the chief of the Task Force shall be 3
years.

  "(B) The chief of the Task Force may at any time request the head of an
agency described in paragraph (1) to submit a list of 5 prospective Task
Force members to replace a member of the Task Force, for the purpose of
maintaining a Task Force membership that will be able to meet the demands of
its caseload.

  "(c) SUPPORT.-

  "(1) IN GENERAL.-The Administrator of the General Services Administration,
in coordination with the heads of the agencies described in
subsection (b)(1), shall provide the Task Force office space and
administrative and support services, such office space to be in close
proximity to the office of the Center, so as to enable the Task Force to
coordinate its activities with that of the Center on a day-to-day basis.

  "(2) LEGAL GUIDANCE.-The Attorney General shall assign an attorney to
provide legal guidance, as needed, to members of the Task Force.

  "(d) PURPOSE.-

  "(1) IN GENERAL.-The purpose of the Task Force shall be to make available
the combined resources and expertise of the agencies described in
paragraph (1) to assist State and local governments in the most difficult
missing and exploited child cases nationwide, as identified by the chief of
the Task Force from time to time, in consultation with the Center, and as
many additional cases as resources permit, including the provision of
assistance to State and local investigators on location in the field.

  "(2) TECHNICAL ASSISTANCE.-The role of the Task Force in any investigation
shall be to provide advice and technical assistance and to make available the
resources of the agencies described in subsection (b)(1); the Task Force
shall not take a leadership role in any such investigation.

  "(e) CROSS-DESIGNATION OF TASK FORCE MEMBERS.-The Attorney General may
cross-designate the members of the Task Force with jurisdiction to enforce
Federal law related to child abduction to the extent necessary to accomplish
the purposes of this section.".

                           TITLE XVIII-RURAL CRIME


                  Subtitle A-Drug Trafficking in Rural Areas

  SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

  (a) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a)(9) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as
follows:

  "(9) There are authorized to be appropriated to carry out part O-

  "(A) $24,000,000 for fiscal year 1996;

  "(B) $40,000,000 for fiscal year 1997;

  "(C) $50,000,000 for fiscal year 1998;

  "(D) $60,000,000 for fiscal year 1999; and

  "(E) $66,000,000 for fiscal year 2000.".

  (b) AMENDMENT TO BASE ALLOCATION.-Section 1501(a)(2)(A) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended by
striking "$100,000" and inserting "$250,000".

  (c) CLARIFICATION.-Section 1501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796bb(b)) is amended by inserting ",
based on the decennial census of 1990 through fiscal year 1997" before the
period.
  SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.

  (a) ESTABLISHMENT.-The Attorney General, in consultation with the
Governors, mayors, and chief executive officers of State and local law
enforcement agencies, may establish a Rural Crime and Drug Enforcement Task
Force in judicial districts that encompass significant rural lands. Assets
seized as a result of investigations initiated by a Rural Crime and Drug
Enforcement Task Force and forfeited under Federal law shall be used,
consistent with the guidelines on equitable sharing established by the
Attorney General and of the Secretary of the Treasury, primarily to enhance
the operations of the task force and its participating State and local law
enforcement agencies.

  (b) TASK FORCE MEMBERSHIP.-The Task Forces established under
subsection (a) shall be carried out under policies and procedures established
by the Attorney General. The Attorney General may deputize State and local
law enforcement officers and may cross-designate up to 100 Federal law
enforcement officers, when necessary to undertake investigations pursuant to
section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) or
offenses punishable by a term of imprisonment of 10 years or more under title
18, United States Code. The task forces-

  (1) shall include representatives from-

  (A) State and local law enforcement agencies;

  (B) the office of the United States Attorney for the judicial district;
and

  (C) the Federal Bureau of Investigation, the Drug Enforcement
Administration, the Immigration and Naturalization Service, and the United
States Marshals Service; and

  (2) may include representatives of other Federal law enforcement agencies,
such as the United States Customs Service, United States Park Police, United
States Forest Service, Bureau of Alcohol, Tobacco, and Firearms, and Bureau
of Land Management.
  SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.

  (a) SPECIALIZED TRAINING FOR RURAL OFFICERS.-The Director of the Federal
Law Enforcement Training Center shall develop a specialized course of
instruction devoted to training law enforcement officers from rural agencies
in the investigation of drug trafficking and related crimes.

  (b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out subsection (a)-

  (1) $1,000,000 for fiscal year 1996;

  (2) $1,000,000 for fiscal year 1997;

  (3) $1,000,000 for fiscal year 1998;

  (4) $1,000,000 for fiscal year 1999; and

  (5) $1,000,000 for fiscal year 2000.
                                                                   [pH8840]

  SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.

  There are authorized to be appropriated for the hiring of additional Drug
Enforcement Administration agents-

  (1) $12,000,000 for fiscal year 1996;

  (2) $20,000,000 for fiscal year 1997;

  (3) $30,000,000 for fiscal year 1998;

  (4) $40,000,000 for fiscal year 1999; and

  (5) $48,000,000 for fiscal year 2000.

            Subtitle B-Drug Free Truck Stops and Safety Rest Areas

  SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.

  (a) SHORT TITLE.-This section may be cited as the "Drug Free Truck Stop
Act".

  (b) AMENDMENT TO CONTROLLED SUBSTANCES ACT.-

  (1) IN GENERAL.-Part D of the Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended by inserting after section 408 the following new section:

                       "TRANSPORTATION SAFETY OFFENSES


  "SEC. 409. (a) DEFINITIONS.-In this section-

  "`safety rest area' means a roadside facility with parking facilities for
the rest or other needs of motorists.

  "`truck stop' means a facility (including any parking lot appurtenant
thereto) that-

  "(A) has the capacity to provide fuel or service, or both, to any
commercial motor vehicle (as defined in section 31301 of title 49, United
States Code), operating in commerce (as defined in that section); and

  "(B) is located within 2,500 feet of the National System of Interstate and
Defense Highways or the Federal-Aid Primary System.

  "(b) FIRST OFFENSE.-A person who violates section 401(a)(1) or section 416
by distributing or possessing with intent to distribute a controlled
substance in or on, or within 1,000 feet of, a truck stop or safety rest area
is (except as provided in subsection (b)) subject to-

  "(1) twice the maximum punishment authorized by section 401(b); and

  "(2) twice any term of supervised release authorized by section 401(b) for
a first offense.

  "(c) SUBSEQUENT OFFENSE.-A person who violates section 401(a)(1) or
section 416 by distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck stop or a
safety rest area after a prior conviction or convictions under subsection (a)
have become final is subject to-

  "(1) 3 times the maximum punishment authorized by section 401(b); and

  "(2) 3 times any term of supervised release authorized by section 401(b)
for a first offense.".

  (2) TECHNICAL AMENDMENTS.-

  (A) CROSS REFERENCE.-Section 401(b) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended by inserting "409," before "418," each place it
appears.

  (B) TABLE OF CONTENTS.-The table of contents of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 is amended by striking the item
relating to section 409 and inserting the following new item:



  "Sec. 409. Transportation safety offenses.".


  (c) SENTENCING GUIDELINES.-Pursuant to its authority under section 994 of
title 28, United States Code, and section 21 of the Sentencing Act of
1987 (28 U.S.C. 994 note), the United States Sentencing Commission shall
promulgate guidelines, or shall amend existing guidelines, to provide an
appropriate enhancement of punishment for a defendant convicted of violating
section 409 of the Controlled Substances Act, as added by subsection (b).

           Subtitle C-Sense of Congress Regarding Funding for Rural
                                    Areas

  SEC. 180301. FUNDING FOR RURAL AREAS.

  It is the sense of Congress that-

  (1) the Attorney General should ensure that funding for programs
authorized by the provisions of this Act and amendments made by this Act is
distributed in such a manner that rural areas continue to receive comparable
support for their broad-based crime fighting initiatives;

  (2) rural communities should not receive less funding than they received
in fiscal year 1994 for anti-crime initiatives as a result of any legislative
or administrative actions; and

  (3) to the maximum extent possible, funding for the Edward Byrne Memorial
State and Local Law Enforcement Assistance Program should be maintained at
its fiscal year 1994 level.

                      TITLE XIX-FEDERAL LAW ENFORCEMENT

  SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

  (a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL JUDICIARY.-

  FEDERAL JUDICIARY.-There are authorized to be appropriated for the
activities of the Federal Judiciary to help meet the increased demands for
judicial activities, including supervised release, pre-trial and probation
services, that will result from enactment into law of this Act-

  (A) $30,000,000 for fiscal year 1996;

  (B) $35,000,000 for fiscal year 1997;

  (C) $40,000,000 for fiscal year 1998;

  (D) $40,000,000 for fiscal year 1999; and

  (E) $55,000,000 for fiscal year 2000.

  (b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF
JUSTICE.-There is authorized to be appropriated for the activities and
agencies of the Department of Justice, in addition to sums authorized
elsewhere in this section, to help meet the increased demands for Department
of Justice activities that will result from enactment into law of this Act-

  (A) $40,000,000 for fiscal year 1996;

  (B) $40,000,000 for fiscal year 1997;

  (C) $40,000,000 for fiscal year 1998;

  (D) $40,000,000 for fiscal year 1999; and

  (E) $39,000,000 for fiscal year 2000.

  (c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL BUREAU OF
INVESTIGATION.-There is authorized to be appropriated for the activities of
the Federal Bureau of Investigation, to help meet the increased demands for
Federal Bureau of Investigation activities that will result from enactment
into law of this Act-

  (A) $35,000,000 for fiscal year 1996;

  (B) $40,000,000 for fiscal year 1997;

  (C) $50,000,000 for fiscal year 1998;

  (D) $60,000,000 for fiscal year 1999; and

  (E) $60,000,000 for fiscal year 2000.

  (d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED STATES
ATTORNEYS.-There is authorized to be appropriated for the account Department
of Justice, Legal Activities, "Salaries and expenses, United States
Attorneys", to help meet the increased demands for litigation and related
activities which will result from enactment into law of this Act-

  (A) $5,000,000 for fiscal year 1996;

  (B) $8,000,000 for fiscal year 1997;

  (C) $10,000,000 for fiscal year 1998;

  (D) $12,000,000 for fiscal year 1999; and

  (E) $15,000,000 for fiscal year 2000.

  (e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF THE
TREASURY.-There is authorized to be appropriated for the activities of the
Bureau of Alcohol, Tobacco, and Firearms, the United States Customs Service,
the Financial Crimes Enforcement Network, the Federal Law Enforcement
Training Center, the Criminal Investigation Division of the Internal Revenue
Service, and the United States Secret Service to help meet the increased
demands for Department of the Treasury activities that will result from
enactment into law of this Act-

  (A) $30,000,000 for fiscal year 1995;

  (B) $70,000,000 for fiscal year 1996;

  (C) $90,000,000 for fiscal year 1997;

  (D) $110,000,000 for fiscal year 1998;

  (E) $125,000,000 for fiscal year 1999; and

  (F) $125,000,000 for fiscal year 2000.

              TITLE XX-POLICE CORPS AND LAW ENFORCEMENT OFFICERS
                            TRAINING AND EDUCATION


                           Subtitle A-Police Corps

  SEC. 200101. SHORT TITLE.

  This subtitle may be cited as the "Police Corps Act".
  SEC. 200102. PURPOSES.

  The purposes of this subtitle are to-

  (1) address violent crime by increasing the number of police with advanced
education and training on community patrol; and

  (2) provide educational assistance to law enforcement personnel and to
students who possess a sincere interest in public service in the form of law
enforcement.
  SEC. 200103. DEFINITIONS.

  In this subtitle-

  "academic year" means a traditional academic year beginning in August or
September and ending in the following May or June.

  "dependent child" means a natural or adopted child or stepchild of a law
enforcement officer who at the time of the officer's death-

  (A) was no more than 21 years old; or

  (B) if older than 21 years, was in fact dependent on the child's parents
for at least one-half of the child's support (excluding educational
expenses), as determined by the Director.

  "Director" means the Director of the Office of the Police Corps and Law
Enforcement Education appointed under section 200104.

  "educational expenses" means expenses that are directly attributable to-

  (A) a course of education leading to the award of the baccalaureate degree
in legal- or criminal justice-related studies; or

  (B) a course of graduate study legal or criminal justice studies following
award of a baccalaureate degree,

  including the cost of tuition, fees, books, supplies, transportation, room
and board and miscellaneous expenses.

  "institution of higher education" has the meaning stated in the first
sentence of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).

  "participant" means a participant in the Police Corps program selected
pursuant to section 200106.

  "State" means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands.

  "State Police Corps program" means a State police corps program that meets
the requirements of section 200110.
  SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW
ENFORCEMENT EDUCATION.

  There is established in the Department of Justice, under the general
authority of the Attorney General, an Office of the Police Corps and Law
Enforcement Education.
  SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.

  (a) LEAD AGENCY.-A State that desires to participate in the Police Corps
program under this subtitle shall designate a lead agency that will be
responsible for-

  (1) submitting to the Director a State plan described in subsection (b);
and

  (2) administering the program in the State.

  (b) STATE PLANS.-A State plan shall-

  (1) contain assurances that the lead agency shall work in cooperation with
the local law enforcement liaisons, representatives of police labor
organizations and police management organizations, and other appropriate
State and local agencies to develop and implement interagency agreements
designed to carry out the program;

  (2) contain assurances that the State shall advertise the assistance
available under this subtitle;

  (3) contain assurances that the State shall screen and select law
enforcement personnel for participation in the program; and

  (4) meet the requirements of section 200110.
                                                                   [pH8841]

  SEC. 200106. SCHOLARSHIP ASSISTANCE.

  (a) SCHOLARSHIPS AUTHORIZED.-(1) The Director may award scholarships to
participants who agree to work in a State or local police force in accordance
with agreements entered into pursuant to subsection (d).

  (2)(A) Except as provided in subparagraph (B), each scholarship payment
made under this section for each academic year shall not exceed-

  (i) $7,500; or

  (ii) the cost of the educational expenses related to attending an
institution of higher education.

  (B) In the case of a participant who is pursuing a course of educational
study during substantially an entire calendar year, the amount of scholarship
payments made during such year shall not exceed $10,000.

  (C) The total amount of scholarship assistance received by any one student
under this section shall not exceed $30,000.

  (3) Recipients of scholarship assistance under this section shall continue
to receive such scholarship payments only during such periods as the Director
finds that the recipient is maintaining satisfactory progress as determined
by the institution of higher education the recipient is attending.

  (4)(A) The Director shall make scholarship payments under this section
directly to the institution of higher education that the student is
attending.

  (B) Each institution of higher education receiving a payment on behalf of
a participant pursuant to subparagraph (A) shall remit to such student any
funds in excess of the costs of tuition, fees, and room and board payable to
the institution.

  (b) REIMBURSEMENT AUTHORIZED.-(1) The Director may make payments to a
participant to reimburse such participant for the costs of educational
expenses if the student agrees to work in a State or local police force in
accordance with the agreement entered into pursuant to subsection (d).

  (2)(A) Each payment made pursuant to paragraph (1) for each academic year
of study shall not exceed-

  (i) $7,500; or

  (ii) the cost of educational expenses related to attending an institution
of higher education.

  (B) In the case of a participant who is pursuing a course of educational
study during substantially an entire calendar year, the amount of scholarship
payments made during such year shall not exceed $10,000.

  (C) The total amount of payments made pursuant to subparagraph (A) to any
1 student shall not exceed $30,000.

  (c) USE OF SCHOLARSHIP.-Scholarships awarded under this subsection shall
only be used to attend a 4-year institution of higher education, except that-

  (1) scholarships may be used for graduate and professional study; and

  (2) if a participant has enrolled in the program upon or after transfer to
a 4-year institution of higher education, the Director may reimburse the
participant for the participant's prior educational expenses.

  (d) AGREEMENT.-(1)(A) Each participant receiving a scholarship or a
payment under this section shall enter into an agreement with the Director.

  (B) An agreement under subparagraph (A) shall contain assurances that the
participant shall-

  (i) after successful completion of a baccalaureate program and training as
prescribed in section 200108, work for 4 years in a State or local police
force without there having arisen sufficient cause for the participant's
dismissal under the rules applicable to members of the police force of which
the participant is a member;

  (ii) complete satisfactorily-

  (I) an educational course of study and receipt of a baccalaureate
degree (in the case of undergraduate study) or the reward of credit to the
participant for having completed one or more graduate courses (in the case of
graduate study); and

  (II) Police Corps training and certification by the Director that the
participant has met such performance standards as may be established pursuant
to section 200108; and

  (iii) repay all of the scholarship or payment received plus interest at
the rate of 10 percent if the conditions of clauses (i) and (ii) are not
complied with.

  (2)(A) A recipient of a scholarship or payment under this section shall
not be considered to be in violation of the agreement entered into pursuant
to paragraph (1) if the recipient-

  (i) dies; or

  (ii) becomes permanently and totally disabled as established by the sworn
affidavit of a qualified physician.

  (B) If a scholarship recipient is unable to comply with the repayment
provision set forth in paragraph (1)(B)(ii) because of a physical or
emotional disability or for good cause as determined by the Director, the
Director may substitute community service in a form prescribed by the
Director for the required repayment.

  (C) The Director shall expeditiously seek repayment from a participant who
violates an agreement described in paragraph (1).

  (e) DEPENDENT CHILD.-A dependent child of a law enforcement officer-

  (1) who is a member of a State or local police force or is a Federal
criminal investigator or uniformed police officer,

  (2) who is not a participant in the Police Corps program, but

  (3) who serves in a State for which the Director has approved a Police
Corps plan, and

  (4) who is killed in the course of performing police duties,

  shall be entitled to the scholarship assistance authorized in this section
for any course of study in any accredited institution of higher education.
Such dependent child shall not incur any repayment obligation in exchange for
the scholarship assistance provided in this section.

  (f) APPLICATION.-Each participant desiring a scholarship or payment under
this section shall submit an application as prescribed by the Director in
such manner and accompanied by such information as the Director may
reasonably require.
  SEC. 200107. SELECTION OF PARTICIPANTS.

  (a) IN GENERAL.-Participants in State Police Corps programs shall be
selected on a competitive basis by each State under regulations prescribed by
the Director.

  (b) SELECTION CRITERIA AND QUALIFICATIONS.-(1) In order to participate in
a State Police Corps program, a participant shall-

  (A) be a citizen of the United States or an alien lawfully admitted for
permanent residence in the United States;

  (B) meet the requirements for admission as a trainee of the State or local
police force to which the participant will be assigned pursuant to section
200110(5), including achievement of satisfactory scores on any applicable
examination, except that failure to meet the age requirement for a trainee of
the State or local police shall not disqualify the applicant if the applicant
will be of sufficient age upon completing an undergraduate course of study;

  (C) possess the necessary mental and physical capabilities and emotional
characteristics to discharge effectively the duties of a law enforcement
officer;

  (D) be of good character and demonstrate sincere motivation and dedication
to law enforcement and public service;

  (E) in the case of an undergraduate, agree in writing that the participant
will complete an educational course of study leading to the award of a
baccalaureate degree and will then accept an appointment and complete 4 years
of service as an officer in the State police or in a local police department
within the State;

  (F) in the case of a participant desiring to undertake or continue
graduate study, agree in writing that the participant will accept an
appointment and complete 4 years of service as an officer in the State police
or in a local police department within the State before undertaking or
continuing graduate study;

  (G) contract, with the consent of the participant's parent or guardian if
the participant is a minor, to serve for 4 years as an officer in the State
police or in a local police department, if an appointment is offered; and

  (H) except as provided in paragraph (2), be without previous law
enforcement experience.

  (2)(A) Until the date that is 5 years after the date of enactment of this
Act, up to 10 percent of the applicants accepted into the Police Corps
program may be persons who-

  (i) have had some law enforcement experience; and

  (ii) have demonstrated special leadership potential and dedication to law
enforcement.

  (B)(i) The prior period of law enforcement of a participant selected
pursuant to subparagraph (A) shall not be counted toward satisfaction of the
participant's 4-year service obligation under section 200109, and such a
participant shall be subject to the same benefits and obligations under this
subtitle as other participants, including those stated in section (b)(1) (E)
and (F).

  (ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for purposes
other than satisfaction of the requirements of section 200109, such as for
purposes of determining such a participant's pay and other benefits, rank,
and tenure.

  (3) It is the intent of this subtitle that there shall be no more than
20,000 participants in each graduating class. The Director shall approve
State plans providing in the aggregate for such enrollment of applicants as
shall assure, as nearly as possible, annual graduating classes of 20,000. In
a year in which applications are received in a number greater than that which
will produce, in the judgment of the Director, a graduating class of more
than 20,000, the Director shall, in deciding which applications to grant,
give preference to those who will be participating in State plans that
provide law enforcement personnel to areas of greatest need.

  (c) RECRUITMENT OF MINORITIES.-Each State participating in the Police
Corps program shall make special efforts to seek and recruit applicants from
among members of all racial, ethnic or gender groups. This subsection does
not authorize an exception from the competitive standards for admission
established pursuant to subsections (a) and (b).

  (d) ENROLLMENT OF APPLICANT.-(1) An applicant shall be accepted into a
State Police Corps program on the condition that the applicant will be
matriculated in, or accepted for admission at, a 4-year institution of higher
education-

  (A) as a full-time student in an undergraduate program; or

  (B) for purposes of taking a graduate course.

  (2) If the applicant is not matriculated or accepted as set forth in
paragraph (1), the applicant's acceptance in the program shall be revoked.

  (e) LEAVE OF ABSENCE.-(1) A participant in a State Police Corps program
who requests a leave of absence from educational study, training or service
for a period not to exceed 1 year (or 18 months in the aggregate in the event
of multiple requests) due to temporary physical or emotional disability shall
be granted such leave of absence by the State.

  (2) A participant who requests a leave of absence from educational study,
training or service for a period not to exceed 1 year (or 18 months in the
aggregate in the event of multiple requests) for any reason other than those
listed in paragraph (1) may be granted such leave of absence by the State.

  (3) A participant who requests a leave of absence from educational study
or training for a period not to exceed 30 months to serve on an official
church mission may be granted such leave of absence.

  (f) ADMISSION OF APPLICANTS.-An applicant may be admitted into a State
Police Corps program either before commencement of or during the applicant's
course of educational study.
                                                                   [pH8842]

  SEC. 200108. POLICE CORPS TRAINING.

  (a) IN GENERAL.-(1) The Director shall establish programs of training for
Police Corps participants. Such programs may be carried out at up to 3
training centers established for this purpose and administered by the
Director, or by contracting with existing State training facilities. The
Director shall contract with a State training facility upon request of such
facility if the Director determines that such facility offers a course of
training substantially equivalent to the Police Corps training program
described in this subtitle.

  (2) The Director may enter into contracts with individuals, institutions
of learning, and government agencies (including State and local police
forces) to obtain the services of persons qualified to participate in and
contribute to the training process.

  (3) The Director may enter into agreements with agencies of the Federal
Government to utilize on a reimbursable basis space in Federal buildings and
other resources.

  (4) The Director may authorize such expenditures as are necessary for the
effective maintenance of the training centers, including purchases of
supplies, uniforms, and educational materials, and the provision of
subsistence, quarters, and medical care to participants.

  (b) TRAINING SESSIONS.-A participant in a State Police Corps program shall
attend two 8-week training sessions at a training center, one during the
summer following completion of sophomore year and one during the summer
following completion of junior year. If a participant enters the program
after sophomore year, the participant shall complete 16 weeks of training at
times determined by the Director.

  (c) FURTHER TRAINING.-The 16 weeks of Police Corps training authorized in
this section is intended to serve as basic law enforcement training but not
to exclude further training of participants by the State and local
authorities to which they will be assigned. Each State plan approved by the
Director under section 10 shall include assurances that following completion
of a participant's course of education each participant shall receive
appropriate additional training by the State or local authority to which the
participant is assigned. The time spent by a participant in such additional
training, but not the time spent in Police Corps training, shall be counted
toward fulfillment of the participant's 4-year service obligation.

  (d) COURSE OF TRAINING.-The training sessions at training centers
established under this section shall be designed to provide basic law
enforcement training, including vigorous physical and mental training to
teach participants self-discipline and organizational loyalty and to impart
knowledge and understanding of legal processes and law enforcement.

  (e) EVALUATION OF PARTICIPANTS.-A participant shall be evaluated during
training for mental, physical, and emotional fitness, and shall be required
to meet performance standards prescribed by the Director at the conclusion of
each training session in order to remain in the Police Corps program.

  (f) STIPEND.-The Director shall pay participants in training sessions a
stipend of $250 a week during training.
  SEC. 200109. SERVICE OBLIGATION.

  (a) SWEARING IN.-Upon satisfactory completion of the participant's course
of education and training program established in section 200108 and meeting
the requirements of the police force to which the participant is assigned, a
participant shall be sworn in as a member of the police force to which the
participant is assigned pursuant to the State Police Corps plan, and shall
serve for 4 years as a member of that police force.

  (b) RIGHTS AND RESPONSIBILITIES.-A participant shall have all of the
rights and responsibilities of and shall be subject to all rules and
regulations applicable to other members of the police force of which the
participant is a member, including those contained in applicable agreements
with labor organizations and those provided by State and local law.

  (c) DISCIPLINE.-If the police force of which the participant is a member
subjects the participant to discipline such as would preclude the
participant's completing 4 years of service, and result in denial of
educational assistance under section 200106, the Director may, upon a showing
of good cause, permit the participant to complete the service obligation in
an equivalent alternative law enforcement service and, if such service is
satisfactorily completed, section 200106(d)(1)(B)(iii) shall not apply.

  (d) LAYOFFS.-If the police force of which the participant is a member lays
off the participant such as would preclude the participant's completing 4
years of service, and result in denial of educational assistance under
section 200106, the Director may permit the participant to complete the
service obligation in an equivalent alternative law enforcement service and,
if such service is satisfactorily completed, section 200106(d)(1)(B)(iii)
shall not apply.
  SEC. 200110. STATE PLAN REQUIREMENTS.

  A State Police Corps plan shall-

  (1) provide for the screening and selection of participants in accordance
with the criteria set out in section 200107;

  (2) state procedures governing the assignment of participants in the
Police Corps program to State and local police forces (no more than 10
percent of all the participants assigned in each year by each State to be
assigned to a statewide police force or forces);

  (3) provide that participants shall be assigned to those geographic areas
in which-

  (A) there is the greatest need for additional law enforcement personnel;
and

  (B) the participants will be used most effectively;

  (4) provide that to the extent consistent with paragraph (3), a
participant shall be assigned to an area near the participant's home or such
other place as the participant may request;

  (5) provide that to the extent feasible, a participant's assignment shall
be made at the time the participant is accepted into the program, subject to
change-

  (A) prior to commencement of a participant's fourth year of undergraduate
study, under such circumstances as the plan may specify; and

  (B) from commencement of a participant's fourth year of undergraduate
study until completion of 4 years of police service by participant, only for
compelling reasons or to meet the needs of the State Police Corps program and
only with the consent of the participant;

  (6) provide that no participant shall be assigned to serve with a local
police force-

  (A) whose size has declined by more than 5 percent since June 21, 1989; or

  (B) which has members who have been laid off but not retired;

  (7) provide that participants shall be placed and to the extent feasible
kept on community and preventive patrol;

  (8) ensure that participants will receive effective training and
leadership;

  (9) provide that the State may decline to offer a participant an
appointment following completion of Federal training, or may remove a
participant from the Police Corps program at any time, only for good
cause (including failure to make satisfactory progress in a course of
educational study) and after following reasonable review procedures stated in
the plan; and

  (10) provide that a participant shall, while serving as a member of a
police force, be compensated at the same rate of pay and benefits and enjoy
the same rights under applicable agreements with labor organizations and
under State and local law as other police officers of the same rank and
tenure in the police force of which the participant is a member.
  SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS
OFFICERS.

  Each jurisdiction directly employing Police Corps participants during the
4-year term of service prescribed by section 200109 shall receive $10,000 on
account of each such participant at the completion of each such year of
service, but-

  (1) no such payment shall be made on account of service in any State or
local police force-

  (A) whose average size, in the year for which payment is to be made, not
counting Police Corps participants assigned under section 106, has declined
more than 2 percent since January 1, 1993; or

  (B) which has members who have been laid off but not retired; and

  (2) no such payment shall be made on account of any Police Corps
participant for years of service after the completion of the term of service
prescribed in section 200109.
  SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated $20,000,000 to carry out this
subtitle for each of the fiscal years 1996 through 2000.
  SEC. 200113. REPORTS TO CONGRESS.

  (a) IN GENERAL.-Not later than April 1 of each year, the Director shall
submit a report to the Attorney General, the President, the Speaker of the
House of Representatives, and the President of the Senate.

  (b) CONTENTS.-A report under subsection (a) shall-

  (1) state the number of current and past participants in the Police Corps
program, broken down according to the levels of educational study in which
they are engaged and years of service they have served on police
forces (including service following completion of the 4-year service
obligation);

  (2) describe the geographic, racial, and gender dispersion of participants
in the Police Corps program; and

  (3) describe the progress of the Police Corps program and make
recommendations for changes in the program.

                Subtitle B-Law Enforcement Scholarship Program

  SEC. 200201. SHORT TITLE.

  This subtitle may be cited as the "Law Enforcement Scholarships and
Recruitment Act".
  SEC. 200202. DEFINITIONS.

  In this subtitle-

  "Director" means the Director of the Office of the Police Corps and Law
Enforcement Education appointed under section 200104.

  "educational expenses" means expenses that are directly attributable to-

  (A) a course of education leading to the award of an associate degree;

  (B) a course of education leading to the award of a baccalaureate degree;
or

  (C) a course of graduate study following award of a baccalaureate degree,

  including the cost of tuition, fees, books, supplies, and related
expenses.

  "institution of higher education" has the meaning stated in the first
sentence of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).

  "law enforcement position" means employment as an officer in a State or
local police force, or correctional institution.

  "State" means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of the United States,
American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
                                                                   [pH8843]

  SEC. 200203. ALLOTMENT.

  From amounts appropriated under section 200210, the Director shall allot-

  (1) 80 percent of such amounts to States on the basis of the number of law
enforcement officers in each State compared to the number of law enforcement
officers in all States; and

  (2) 20 percent of such amounts to States on the basis of the shortage of
law enforcement personnel and the need for assistance under this subtitle in
the State compared to the shortage of law enforcement personnel and the need
for assistance under this subtitle in all States.
  SEC. 200204. ESTABLISHMENT OF PROGRAM.

  (a) USE OF ALLOTMENT.-

  (1) IN GENERAL.-A State that receives an allotment pursuant to section
200203 shall use the allotment to pay the Federal share of the costs of-

  (A) awarding scholarships to in-service law enforcement personnel to
enable such personnel to seek further education; and

  (B) providing-

(i) full-time employment in summer; or

(ii) part-time (not to exceed 20 hours per week) employment for a period not
to exceed 1 year.

  (2) EMPLOYMENT.-The employment described in paragraph (1)(B)-

  (A) shall be provided by State and local law enforcement agencies for
students who are juniors or seniors in high school or are enrolled in an
institution of higher education and who demonstrate an interest in
undertaking a career in law enforcement;

  (B) shall not be in a law enforcement position; and

  (C) shall consist of performing meaningful tasks that inform students of
the nature of the tasks performed by law enforcement agencies.

  (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.-

  (1) PAYMENTS.-Subject to the availability of appropriations, the Director
shall pay to each State that receives an allotment under section 200203 the
Federal share of the cost of the activities described in the application
submitted pursuant to section 200203.

  (2) FEDERAL SHARE.-The Federal share shall not exceed 60 percent.

  (3) NON-FEDERAL SHARE.-The non-Federal share of the cost of scholarships
and student employment provided under this subtitle shall be supplied from
sources other than the Federal Government.

  (c) RESPONSIBILITIES OF DIRECTOR.-The Director shall be responsible for
the administration of the programs conducted pursuant to this subtitle and
shall, in consultation with the Assistant Secretary for Postsecondary
Education, issue rules to implement this subtitle.

  (d) ADMINISTRATIVE EXPENSES.-A State that receives an allotment under
section 200203 may reserve not more than 8 percent of the allotment for
administrative expenses.

  (e) SPECIAL RULE.-A State that receives an allotment under section 200203
shall ensure that each scholarship recipient under this subtitle be
compensated at the same rate of pay and benefits and enjoy the same rights
under applicable agreements with labor organizations and under State and
local law as other law enforcement personnel of the same rank and tenure in
the office of which the scholarship recipient is a member.

  (f) SUPPLEMENTATION OF FUNDING.-Funds received under this subtitle shall
only be used to supplement, and not to supplant, Federal, State, or local
efforts for recruitment and education of law enforcement personnel.
  SEC. 200205. SCHOLARSHIPS.

  (a) PERIOD OF AWARD.-Scholarships awarded under this subtitle shall be for
a period of 1 academic year.

  (b) USE OF SCHOLARSHIPS.-Each individual awarded a scholarship under this
subtitle may use the scholarship for educational expenses at an institution
of higher education.
  SEC. 200206. ELIGIBILITY.

  (a) SCHOLARSHIPS.-A person shall be eligible to receive a scholarship
under this subtitle if the person has been employed in law enforcement for
the 2-year period immediately preceding the date on which assistance is
sought.

  (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.-A person who has been employed
as a law enforcement officer is ineligible to participate in a student
employment program carried out under this subtitle.
  SEC. 200207. STATE APPLICATION.

  (a) IN GENERAL.-Each State desiring an allotment under section 200203
shall submit an application to the Director at such time, in such manner, and
accompanied by such information as the Director may reasonably require.

  (b) CONTENTS.-An application under subsection (a) shall-

  (1) describe the scholarship program and the student employment program
for which assistance under this subtitle is sought;

  (2) contain assurances that the lead agency will work in cooperation with
the local law enforcement liaisons, representatives of police labor
organizations and police management organizations, and other appropriate
State and local agencies to develop and implement interagency agreements
designed to carry out this subtitle;

  (3) contain assurances that the State will advertise the scholarship
assistance and student employment it will provide under this subtitle and
that the State will use such programs to enhance recruitment efforts;

  (4) contain assurances that the State will screen and select law
enforcement personnel for participation in the scholarship program under this
subtitle;

  (5) contain assurances that under such student employment program the
State will screen and select, for participation in such program, students who
have an interest in undertaking a career in law enforcement;

  (6) contain assurances that under such scholarship program the State will
make scholarship payments to institutions of higher education on behalf of
persons who receive scholarships under this subtitle;

  (7) with respect to such student employment program, identify-

  (A) the employment tasks that students will be assigned to perform;

  (B) the compensation that students will be paid to perform such tasks; and

  (C) the training that students will receive as part of their participation
in the program;

  (8) identify model curriculum and existing programs designed to meet the
educational and professional needs of law enforcement personnel; and

  (9) contain assurances that the State will promote cooperative agreements
with educational and law enforcement agencies to enhance law enforcement
personnel recruitment efforts in institutions of higher education.
  SEC. 200208. LOCAL APPLICATION.

  (a) IN GENERAL.-A person who desires a scholarship or employment under
this subtitle shall submit an application to the State at such time, in such
manner, and accompanied by such information as the State may reasonably
require.

  (b) CONTENTS.-An application under subsection (a) shall describe-

  (1) the academic courses for which a scholarship is sought; or

  (2) the location and duration of employment that is sought.

  (c) PRIORITY.-In awarding scholarships and providing student employment
under this subtitle, each State shall give priority to applications from
persons who are-

  (1) members of racial, ethnic, or gender groups whose representation in
the law enforcement agencies within the State is substantially less than in
the population eligible for employment in law enforcement in the State;

  (2) pursuing an undergraduate degree; and

  (3) not receiving financial assistance under the Higher Education Act of
1965.
  SEC. 200209. SCHOLARSHIP AGREEMENT.

  (a) IN GENERAL.-A person who receives a scholarship under this subtitle
shall enter into an agreement with the Director.

  (b) CONTENTS.-An agreement described in subsection (a) shall-

  (1) provide assurances that the scholarship recipient will work in a law
enforcement position in the State that awarded the scholarship in accordance
with the service obligation described in subsection (c) after completion of
the scholarship recipient's academic courses leading to an associate,
bachelor, or graduate degree;

  (2) provide assurances that the scholarship recipient will repay the
entire scholarship in accordance with such terms and conditions as the
Director shall prescribe if the requirements of the agreement are not
complied with, unless the scholarship recipient-

  (A) dies;

  (B) becomes physically or emotionally disabled, as established by the
sworn affidavit of a qualified physician; or

  (C) has been discharged in bankruptcy; and

  (3) set forth the terms and conditions under which the scholarship
recipient may seek employment in the field of law enforcement in a State
other than the State that awarded the scholarship.

  (c) SERVICE OBLIGATION.-

  (1) IN GENERAL.- Except as provided in paragraph (2), a person who
receives a scholarship under this subtitle shall work in a law enforcement
position in the State that awarded the scholarship for a period of 1 month
for each credit hour for which funds are received under the scholarship.

  (2) SPECIAL RULE.-For purposes of satisfying the requirement of
paragraph (1), a scholarship recipient shall work in a law enforcement
position in the State that awarded the scholarship for not less than 6 months
but shall not be required to work in such a position for more than 2 years.
  SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.

  (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this subtitle-

  (1) $20,000,000 for fiscal year 1996;

  (2) $20,000,000 for fiscal year 1997;

  (3) $20,000,000 for fiscal year 1998;

  (4) $20,000,000 for fiscal year 1999; and

  (5) $20,000,000 for fiscal year 2000.

  (b) USES OF FUNDS.-Of the funds appropriated under subsection (a) for a
fiscal year-

  (1) 80 percent shall be available to provide scholarships described in
section 200204(a)(1)(A); and

  (2) 20 percent shall be available to provide employment described in
sections 200204(a)(1)(B) and 200204(a)(2).

                  TITLE XXI-STATE AND LOCAL LAW ENFORCEMENT


                           Subtitle A-Byrne Program

  SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.

  There is authorized to be appropriated for fiscal years 1995 through 2000
such sums as may be necessary to carry out the programs under parts D and E
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, of
which the following amounts may be appropriated from the Violent Crime
Reduction Trust Fund:

  (1) $580,000,000 for fiscal year 1995;

  (2) $130,000,000 for fiscal year 1996;

  (3) $100,000,000 for fiscal year 1997;

  (4) $75,000,000 for fiscal year 1998;

  (5) $70,000,000 for fiscal year 1999; and

  (6) $45,000,000 for fiscal year 2000.
                                                                   [pH8844]


                  Subtitle B-Law Enforcement Family Support

  SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.

  (a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 50001(a), is amended-

  (1) by redesignating part W as part X;

  (2) by redesignating section 2301 as 2401; and

  (3) by inserting after part V the following new part:

                            "PART W-FAMILY SUPPORT

  "SEC. 2301. DUTIES.

  "The Attorney General shall-

  "(1) establish guidelines and oversee the implementation of
family-friendly policies within law enforcement-related offices and divisions
in the Department of Justice;

  "(2) study the effects of stress on law enforcement personnel and family
well-being and disseminate the findings of such studies to Federal, State,
and local law enforcement agencies, related organizations, and other
interested parties;

  "(3) identify and evaluate model programs that provide support services to
law enforcement personnel and families;

  "(4) provide technical assistance and training programs to develop stress
reduction and family support to State and local law enforcement agencies;

  "(5) collect and disseminate information regarding family support, stress
reduction, and psychological services to Federal, State, and local law
enforcement agencies, law enforcement-related organizations, and other
interested entities; and

  "(6) determine issues to be researched by the Department of Justice and by
grant recipients.
  "SEC. 2302. GENERAL AUTHORIZATION.

  "The Attorney General may make grants to States and local law enforcement
agencies and to organizations representing State or local law enforcement
personnel to provide family support services to law enforcement personnel.
  "SEC. 2303. USES OF FUNDS.

  "(a) IN GENERAL.-A State or local law enforcement agency or organization
that receives a grant under this Act shall use amounts provided under the
grant to establish or improve training and support programs for law
enforcement personnel.

  "(b) REQUIRED ACTIVITIES.-A law enforcement agency or organization that
receives funds under this part shall provide at least one of the following
services:

  "(1) Counseling for law enforcement family members.

  "(2) Child care on a 24-hour basis.

  "(3) Marital and adolescent support groups.

  "(4) Stress reduction programs.

  "(5) Stress education for law enforcement recruits and families.

  "(6) Technical assistance and training programs to support any or all of
the services described in paragraphs (1), (2), (3), (4), and (5).

  "(c) OPTIONAL ACTIVITIES.-A law enforcement agency or organization that
receives funds under this part may provide the following services:

  "(1) Post-shooting debriefing for officers and their spouses.

  "(2) Group therapy.

  "(3) Hypertension clinics.

  "(4) Critical incident response on a 24-hour basis.

  "(5) Law enforcement family crisis telephone services on a 24-hour basis.

  "(6) Counseling for law enforcement personnel exposed to the human
immunodeficiency virus.

  "(7) Counseling for peers.

  "(8) Counseling for families of personnel killed in the line of duty.

  "(9) Seminars regarding alcohol, drug use, gambling, and overeating.

  "(10) Technical assistance and training to support any or all of the
services described in paragraphs (1), (2), (3), (4), (5), (6), (7), (8),
and (9).
  "SEC. 2304. APPLICATIONS.

  "A law enforcement agency or organization desiring to receive a grant
under this part shall submit to the Attorney General an application at such
time, in such manner, and containing or accompanied by such information as
the Attorney General may reasonably require. Such application shall-

  "(1) certify that the law enforcement agency shall match all Federal funds
with an equal amount of cash or in-kind goods or services from other
non-Federal sources;

  "(2) include a statement from the highest ranking law enforcement official
from the State or locality or from the highest ranking official from the
organization applying for the grant that attests to the need and intended use
of services to be provided with grant funds; and

  "(3) assure that the Attorney General or the Comptroller General of the
United States shall have access to all records related to the receipt and use
of grant funds received under this part.
  "SEC. 2305. AWARD OF GRANTS; LIMITATION.

  "(a) GRANT DISTRIBUTION.-In approving grants under this part, the Attorney
General shall assure an equitable distribution of assistance among the
States, among urban and rural areas of the United States, and among urban and
rural areas of a State.

  "(b) DURATION.-The Attorney General may award a grant each fiscal year,
not to exceed $100,000 to a State or local law enforcement agency or $250,000
to a law enforcement organization for a period not to exceed 5 years. In any
application from a State or local law enforcement agency or organization for
a grant to continue a program for the second, third, fourth, or fifth fiscal
year following the first fiscal year in which a grant was awarded to such
agency, the Attorney General shall review the progress made toward meeting
the objectives of the program. The Attorney General may refuse to award a
grant if the Attorney General finds sufficient progress has not been made
toward meeting such objectives, but only after affording the applicant notice
and an opportunity for reconsideration.

  "(c) LIMITATION.-Not more than 5 percent of grant funds received by a
State or a local law enforcement agency or organization may be used for
administrative purposes.
  "SEC. 2306. DISCRETIONARY RESEARCH GRANTS.

  "The Attorney General may reserve 10 percent of funds to award research
grants to a State or local law enforcement agency or organization to study
issues of importance in the law enforcement field as determined by the
Attorney General.
  "SEC. 2307. REPORTS.

  "A State or local law enforcement agency or organization that receives a
grant under this part shall submit to the Attorney General an annual report
that includes-

  "(1) program descriptions;

  "(2) the number of staff employed to administer programs;

  "(3) the number of individuals who participated in programs; and

  "(4) an evaluation of the effectiveness of grant programs.
  "SEC. 2308. DEFINITIONS.

  "For purposes of this part-

  "(1) the term `family-friendly policy' means a policy to promote or
improve the morale and well being of law enforcement personnel and their
families; and

  "(2) the term `law enforcement personnel' means individuals employed by
Federal, State, and local law enforcement agencies.".

  (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 50001(b), is amended by striking the matter relating to
part V and inserting the following:




                            "PART W-FAMILY SUPPORT

"Sec. 2301. Duties.
"Sec. 2302. General authorization.
"Sec. 2303. Uses of funds.
"Sec. 2304. Applications.
"Sec. 2305. Award of grants; limitation.
"Sec. 2306. Discretionary research grants.
"Sec. 2307. Reports.
"Sec. 2308. Definitions.

                  "PART V-TRANSITION-EFFECTIVE DATE-REPEALS

"Sec. 2301. Continuation of rules, authorities, and privileges.".


  (c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by
section 50001(c), is amended-

  (1) in paragraph (3) by striking "and V" and inserting "V, and W"; and

  (2) by adding at the end the following new paragraph:

  "(21) There are authorized to be appropriated to carry out part W-

  "(1) $2,500,000 for fiscal year 1996;

  "(2) $4,000,000 for fiscal year 1997;

  "(3) $5,000,000 for fiscal year 1998;

  "(4) $6,000,000 for fiscal year 1999; and

  "(5) $7,500,000 for fiscal year 2000.".

                        Subtitle C-DNA Identification

  SEC. 210301. SHORT TITLE.

  This subtitle may be cited as the "DNA Identification Act of 1994".
  SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA
ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.

  (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM.-Section 501(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(b)) as amended by section 150003, is amended-

  (1) by striking "and" at the end of paragraph (23);

  (2) by striking the period at the end of paragraph (24) and inserting ";
and"; and

  (3) by adding at the end the following new paragraph:

  "(25) developing or improving in a forensic laboratory a capability to
analyze deoxyribonucleic acid (hereinafter in this title referred to
as `DNA') for identification purposes.".

  (b) STATE APPLICATIONS.-Section 503(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding
at the end the following new paragraph:

  "(12) If any part of funds received from a grant made under this part is
to be used to develop or improve a DNA analysis capability in a forensic
laboratory, a certification that-

  "(A) DNA analyses performed at such laboratory will satisfy or exceed then
current standards for a quality assurance program for DNA analysis, issued by
the Director of the Federal Bureau of Investigation under section 210303 of
the DNA Identification Act of 1994;

  "(B) DNA samples obtained by, and DNA analyses performed at, such
laboratory will be accessible only-

"(i) to criminal justice agencies for law enforcement identification
purposes;

"(ii) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;

"(iii) for criminal defense purposes, to a defendant, who shall have access
to samples and analyses performed in connection with the case in which such
defendant is charged; or

"(iv) if personally identifiable information is removed, for a population
statistics database, for identification research and protocol development
purposes, or for quality control purposes; and

  "(C) such laboratory, and each analyst performing DNA analyses at such
laboratory, will undergo, at regular intervals of not to exceed 180 days,
external proficiency testing by a DNA proficiency testing program meeting the
standards issued under section 210303 of the DNA Identification Act of
1994.".

  (c) DNA IDENTIFICATION GRANTS.-

  (1) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(a), is
amended-

  (A) by redesignating part X as part Y;

  (B) by redesignating section 2401 as section 2501; and

  (C) by inserting after part W the following new part:
                                                                   [pH8845]


                      "PART X-DNA IDENTIFICATION GRANTS

  "SEC. 2401. GRANT AUTHORIZATION.

  "The Attorney General may make funds available under this part to States
and units of local government, or combinations thereof, to carry out all or a
substantial part of a program or project intended to develop or improve the
capability to analyze deoxyribonucleic acid (referred to in this part
as `DNA') in a forensic laboratory.
  "SEC. 2402. APPLICATIONS.

  "To request a grant under this part, the chief executive officer of a
State or unit of local government shall submit an application in such form as
the Attorney General may require.
  "SEC. 2403. APPLICATION REQUIREMENTS.

  "No grant may be made under this part unless an application has been
submitted to the Attorney General in which the applicant certifies that-

  "(1) DNA analyses performed at the laboratory will satisfy or exceed then
current standards for a quality assurance program for DNA analysis issued by
the Director of the Federal Bureau of Investigation under section 210303 of
the DNA Identification Act of 1994.

  "(2) DNA samples obtained by and DNA analyses performed at the laboratory
shall be made available only-

  "(A) to criminal justice agencies for law enforcement identification
purposes;

  "(B) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;

  "(C) for criminal defense purposes, to a defendant, who shall have access
to samples and analyses performed in connection with the case in which the
defendant is charged; or

  "(D) if personally identifiable information is removed, for a population
statistics database, for identification research and protocol development
purposes, or for quality control purposes; and

  "(3) the laboratory and each analyst performing DNA analyses at the
laboratory shall undergo, at regular intervals not exceeding 180 days,
external proficiency testing by a DNA proficiency testing program that meets
the standards issued under section 210303 of the DNA Identification Act of
1994.
  "SEC. 2404. ADMINISTRATIVE PROVISIONS.

  "(a) REGULATION AUTHORITY.-The Attorney General may promulgate guidelines,
regulations, and procedures, as necessary to carry out the purposes of this
part, including limitations on the number of awards made during each fiscal
year, the submission and review of applications, selection criteria, and the
extension or continuation of awards.

  "(b) AWARD AUTHORITY.-The Attorney General shall have final authority over
all funds awarded under this part.

  "(c) TECHNICAL ASSISTANCE.-To assist and measure the effectiveness and
performance of programs and activities funded under this part, the Attorney
General may provide technical assistance as required.
  "SEC. 2405. RESTRICTIONS ON USE OF FUNDS.

  "(a) FEDERAL SHARE.-The Federal share of a grant, contract, or cooperative
agreement made under this part may not exceed 75 percent of the total costs
of the project described in the application submitted for the fiscal year for
which the project receives assistance.

  "(b) ADMINISTRATIVE COSTS.-A State or unit of local government may not use
more than 10 percent of the funds it receives from this part for
administrative expenses.
  "SEC. 2406. REPORTS.

  "(a) REPORTS TO ATTORNEY GENERAL.-Each State or unit of local government
which receives a grant under this part shall submit to the Attorney General,
for each year in which funds from a grant received under this part is
expended, a report at such time and in such manner as the Attorney General
may reasonably require which contains-

  "(1) a summary of the activities carried out under the grant and an
assessment of whether such activities are meeting the needs identified in the
application submitted under section 2402; and

  "(2) such other information as the Attorney General may require.

  "(b) REPORTS TO CONGRESS.-Not later than 90 days after the end of each
fiscal year for which grants are made under this part, the Attorney General
shall submit to the Speaker of the House of Representatives and the President
pro tempore of the Senate, a report that includes-

  "(1) the aggregate amount of grants made under this part to each State or
unit of local government for such fiscal year; and

  "(2) a summary of the information provided in compliance with
subsection (a)(1).
  "SEC. 2407. EXPENDITURE RECORDS.

  "(a) RECORDS.-Each State or unit of local government which receives a
grant under this part shall keep records as the Attorney General may require
to facilitate an effective audit.

  "(b) ACCESS.-The Attorney General, the Comptroller General, or their
designated agents shall have access, for the purpose of audit and
examination, to any books, documents, and records of States and units of
local government which receive grants made under this part if, in the opinion
of the Attorney General, the Comptroller General, or their designated agents,
such books, documents, and records are related to the receipt or use of any
such grant.".

  (2) TABLE OF CONTENTS.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 210201(b), is amended by striking the matter relating to
part X and inserting the following:




                      "PART X-DNA IDENTIFICATION GRANTS

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

                  "PART Y-TRANSITION-EFFECTIVE DATE-REPEALER

"Sec. 2501. Continuation of rules, authorities, and proceedings.".


  (3) AUTHORIZATION OF APPROPRIATIONS.-Section 1001 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section
210201(c), is amended-

  (A) in paragraph (3) by striking "and W" and inserting "W, and X"; and

  (B) adding at the end the following new paragraph:

  "(22) There are authorized to be appropriated to carry out part X-

  "(1) $1,000,000 for fiscal year 1996;

  "(2) $3,000,000 for fiscal year 1997;

  "(3) $5,000,000 for fiscal year 1998;

  "(4) $13,500,000 for fiscal year 1999; and

  "(5) $17,500,000 for fiscal year 2000.".

  (4) EFFECTIVE DATE.-The amendments made by this section shall take effect
on the date that is 60 days after the date of enactment of this Act.
  SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.

  (a) PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY TESTING
STANDARDS.-(1)(A) Not later than 180 days after the date of enactment of this
Act, the Director of the Federal Bureau of Investigation shall appoint an
advisory board on DNA quality assurance methods from among nominations
proposed by the head of the National Academy of Sciences and professional
societies of crime laboratory officials.

  (B) The advisory board shall include as members scientists from State,
local, and private forensic laboratories, molecular geneticists and
population geneticists not affiliated with a forensic laboratory, and a
representative from the National Institute of Standards and Technology.

  (C) The advisory board shall develop, and if appropriate, periodically
revise, recommended standards for quality assurance, including standards for
testing the proficiency of forensic laboratories, and forensic analysts, in
conducting analyses of DNA.

  (2) The Director of the Federal Bureau of Investigation, after taking into
consideration such recommended standards, shall issue (and revise from time
to time) standards for quality assurance, including standards for testing the
proficiency of forensic laboratories, and forensic analysts, in conducting
analyses of DNA.

  (3) The standards described in paragraphs (1) and (2) shall specify
criteria for quality assurance and proficiency tests to be applied to the
various types of DNA analyses used by forensic laboratories. The standards
shall also include a system for grading proficiency testing performance to
determine whether a laboratory is performing acceptably.

  (4) Until such time as the advisory board has made recommendations to the
Director of the Federal Bureau of Investigation and the Director has acted
upon those recommendations, the quality assurance guidelines adopted by the
technical working group on DNA analysis methods shall be deemed the
Director's standards for purposes of this section.

  (b) ADMINISTRATION OF THE ADVISORY BOARD.-(1) For administrative purposes,
the advisory board appointed under subsection (a) shall be considered an
advisory board to the Director of the Federal Bureau of Investigation.

  (2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply with respect to the advisory board appointed under subsection (a).

  (3) The DNA advisory board established under this section shall be
separate and distinct from any other advisory board administered by the FBI,
and is to be administered separately.

  (4) The board shall cease to exist on the date 5 years after the initial
appointments are made to the board, unless the existence of the board is
extended by the Director of the Federal Bureau of Investigation.

  (c) PROFICIENCY TESTING PROGRAM.-(1) Not later than 1 year after the
effective date of this Act, the Director of the National Institute of Justice
shall certify to the Committees on the Judiciary of the House and Senate
that-

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

  (B) a blind external proficiency testing program for DNA analyses is
already readily available to public and private laboratories performing
forensic DNA analyses; or

  (C) it is not feasible to have blind external testing for DNA forensic
analyses.

  (2) As used in this subsection, the term "blind external proficiency test"
means a test that is presented to a forensic laboratory through a second
agency and appears to the analysts to involve routine evidence.

  (3) Notwithstanding any other provision of law, the Attorney General shall
make available to the Director of the National Institute of Justice during
the first fiscal year in which funds are distributed under this subtitle up
to $250,000 from the funds available under part X of Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 to carry out this subsection.
                                                                   [pH8846]

  SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA
IDENTIFICATION INFORMATION.

  (a) ESTABLISHMENT OF INDEX.-The Director of the Federal Bureau of
Investigation may establish an index of-

  (1) DNA identification records of persons convicted of crimes;

  (2) analyses of DNA samples recovered from crime scenes; and

  (3) analyses of DNA samples recovered from unidentified human remains.

  (b) INFORMATION.-The index described in subsection (a) shall include only
information on DNA identification records and DNA analyses that are-

  (1) based on analyses performed by or on behalf of a criminal justice
agency in accordance with publicly available standards that satisfy or exceed
the guidelines for a quality assurance program for DNA analysis, issued by
the Director of the Federal Bureau of Investigation under section 210303;

  (2) prepared by laboratories, and DNA analysts, that undergo, at regular
intervals of not to exceed 180 days, external proficiency testing by a DNA
proficiency testing program meeting the standards issued under section
210303; and

  (3) maintained by Federal, State, and local criminal justice agencies
pursuant to rules that allow disclosure of stored DNA samples and DNA
analyses only-

  (A) to criminal justice agencies for law enforcement identification
purposes;

  (B) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;

  (C) for criminal defense purposes, to a defendant, who shall have access
to samples and analyses performed in connection with the case in which such
defendant is charged; or

  (D) if personally identifiable information is removed, for a population
statistics database, for identification research and protocol development
purposes, or for quality control purposes.

  (c) FAILURE TO COMPLY.-Access to the index established by this section is
subject to cancellation if the quality control and privacy requirements
described in subsection (b) are not met.
  SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.

  (a) PROFICIENCY TESTING REQUIREMENTS.-

  (1) GENERALLY.-(A) Personnel at the Federal Bureau of Investigation who
perform DNA analyses shall undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA proficiency testing program
meeting the standards issued under section 210303.

  (B) Within 1 year after the date of enactment of this Act, the Director of
the Federal Bureau of Investigation shall arrange for periodic blind external
tests to determine the proficiency of DNA analysis performed at the Federal
Bureau of Investigation laboratory.

  (C) In this paragraph, "blind external test" means a test that is
presented to the laboratory through a second agency and appears to the
analysts to involve routine evidence.

  (2) REPORT.-For 5 years after the date of enactment of this Act, the
Director of the Federal Bureau of Investigation shall submit to the
Committees on the Judiciary of the House and Senate an annual report on the
results of each of the tests described in paragraph (1).

  (b) PRIVACY PROTECTION STANDARDS.-

  (1) GENERALLY.-Except as provided in paragraph (2), the results of DNA
tests performed for a Federal law enforcement agency for law enforcement
purposes may be disclosed only-

  (A) to criminal justice agencies for law enforcement identification
purposes;

  (B) in judicial proceedings, if otherwise admissible pursuant to
applicable statues or rules; and

  (C) for criminal defense purposes, to a defendant, who shall have access
to samples and analyses performed in connection with the case in which such
defendant is charged.

  (2) EXCEPTION.-If personally identifiable information is removed, test
results may be disclosed for a population statistics database, for
identification research and protocol development purposes, or for quality
control purposes.

  (c) CRIMINAL PENALTY.-(1) A person who-

  (A) by virtue of employment or official position, has possession of, or
access to, individually identifiable DNA information indexed in a database
created or maintained by any Federal law enforcement agency; and

  (B) knowingly discloses such information in any manner to any person or
agency not authorized to receive it,

  shall be fined not more than $100,000.

  (2) A person who, without authorization, knowingly obtains DNA samples or
individually identifiable DNA information indexed in a database created or
maintained by any Federal law enforcement agency shall be fined not more
than $100,000.
  SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Federal Bureau of
Investigation to carry out sections 210303, 210304, and 210305-

  (1) $5,500,000 for fiscal year 1996;

  (2) $8,000,000 for fiscal year 1997;

  (3) $8,000,000 for fiscal year 1998;

  (4) $2,500,000 for fiscal year 1999; and

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

                    Subtitle D-Police Pattern or Practice

  SEC. 210401. CAUSE OF ACTION.

  (a) UNLAWFUL CONDUCT.-It shall be unlawful for any governmental authority,
or any agent thereof, or any person acting on behalf of a governmental
authority, to engage in a pattern or practice of conduct by law enforcement
officers or by officials or employees of any governmental agency with
responsibility for the administration of juvenile justice or the
incarceration of juveniles that deprives persons of rights, privileges, or
immunities secured or protected by the Constitution or laws of the United
States.

  (b) CIVIL ACTION BY ATTORNEY GENERAL.-Whenever the Attorney General has
reasonable cause to believe that a violation of paragraph (1) has occurred,
the Attorney General, for or in the name of the United States, may in a civil
action obtain appropriate equitable and declaratory relief to eliminate the
pattern or practice.
  SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.

  (a) ATTORNEY GENERAL TO COLLECT.-The Attorney General shall, through
appropriate means, acquire data about the use of excessive force by law
enforcement officers.

  (b) LIMITATION ON USE OF DATA.-Data acquired under this section shall be
used only for research or statistical purposes and may not contain any
information that may reveal the identity of the victim or any law enforcement
officer.

  (c) ANNUAL SUMMARY.-The Attorney General shall publish an annual summary
of the data acquired under this section.

            Subtitle E-Improved Training and Technical Automation

  SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

  (a) GRANTS.-

  (1) IN GENERAL.-The Attorney General shall, subject to the availability of
appropriations, make grants to State, Indian tribal, and local criminal
justice agencies and to nonprofit organizations for the purposes of improving
criminal justice agency efficiency through computerized automation and
technological improvements.

  (2) TYPES OF PROGRAMS.-Grants under this section may include programs to-

  (A) increase use of mobile digital terminals;

  (B) improve communications systems, such as computer-aided dispatch and
incident reporting systems;

  (C) accomplish paper-flow reduction;

  (D) establish or improve ballistics identification programs;

  (E) increase the application of automated fingerprint identification
systems and their communications on an interstate and intrastate basis; and

  (F) improve computerized collection of criminal records.

  (3) FUNDING.-No funds under this subtitle may be used to implement any
cryptographic or digital telephony programs.

  (b) TRAINING AND INVESTIGATIVE ASSISTANCE.-

  (1) IN GENERAL.-The Attorney General shall, subject to the availability of
appropriations-

  (A) expand and improve investigative and managerial training courses for
State, Indian tribal, and local law enforcement agencies; and

  (B) develop and implement, on a pilot basis with no more than 10
participating cities, an intelligent information system that gathers,
integrates, organizes, and analyzes information in active support of
investigations by Federal, State, and local law enforcement agencies of
violent serial crimes.

  (2) IMPROVEMENT OF FACILITIES.-The improvement described in subsection (a)
shall include improvements of the training facilities of the Federal Bureau
of Investigation Academy at Quantico, Virginia.

  (3) INTELLIGENT INFORMATION SYSTEM.-The intelligent information system
described in paragraph (1)(B) shall be developed and implemented by the
Federal Bureau of Investigation and shall utilize the resources of the
Violent Criminal Apprehension Program.

  (c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated-

  (1) to carry out subsection (a)-

  (A) $10,000,000 for fiscal year 1996;

  (B) $20,000,000 for fiscal year 1997;

  (C) $23,000,000 for fiscal year 1998;

  (D) $23,000,000 for fiscal year 1999; and

  (E) $24,000,000 for fiscal year 2000.

  (2) to carry out subsection (b)(1)-

  (A) $4,000,000 for fiscal year 1996;

  (B) $2,000,000 for fiscal year 1997;

  (C) $3,000,000 for fiscal year 1998;

  (D) $5,000,000 for fiscal year 1999; and

  (E) $6,000,000 for fiscal year 2000; and

  (3) to carry out subsection (b)(2)-

  $10,000,000 for fiscal year 1996.

  (d) DEFINITIONS.-In this section-

  "Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.

  "State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.

                     Subtitle F-Other State and Local Aid

  SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.

  Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)) is amended-

  (1) in paragraph (1) by striking "1993 and 1994" and inserting "1994 and
1995";

  (2) in paragraph (2) by striking "1993 and 1994" and inserting "1994 and
1995";

  (3) in paragraph (3) by striking "1993 and 1994" and inserting "1994 and
1995";

  (4) in paragraph (5) by striking "1993 and 1994" and inserting "1994 and
1995";

  (5) in paragraph (6) by inserting "and 1995" after "1994";

  (6) in paragraph (7) by striking "1991, 1992, 1993, and 1994," and
inserting "1994 and 1995";

  (7) in paragraph (8) by inserting "and 1995" after "1994"; and

  (8) in paragraph (9) by inserting "and 1995" after "1994".
                                                                   [pH8847]

  SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE
COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.

  (a) IN GENERAL.-The Attorney General shall, subject to the availability of
appropriation, make grants for States and units of local government to pay
the costs of providing increased resources for courts, prosecutors, public
defenders, and other criminal justice participants as necessary to meet the
increased demands for judicial activities resulting from the provisions of
this Act and amendments made by this Act.

  (b) APPLICATIONS.-In carrying out this section, the Attorney General may
make grants to, or enter into contracts with public or private agencies,
institutions, or organizations or individuals to carry out any purpose
specified in this section. The Attorney General shall have final authority
over all funds awarded under this section.

  (c) RECORDS.-Each recipient that receives a grant under this section shall
keep such records as the Attorney General may require to facilitate an
effective audit.

  (d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (1) $23,000,000 for fiscal year 1996;

  (2) $30,000,000 for fiscal year 1997;

  (3) $30,000,000 for fiscal year 1998;

  (4) $32,000,000 for fiscal year 1999; and

  (5) $35,000,000 for fiscal year 2000,

  to remain available for obligation until expended.
  SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND
ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND THE
NATIONAL CHILD PROTECTION ACT OF 1993.

  (a) APPROPRIATIONS.-Of the amounts authorized in Sections 103(k) and
106(b)(2) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)
and in section 4(b) of the National Child Protection Act of 1993 (42 U.S.C.
5119b(b)), a total of $100,000,000 for fiscal year 1995, $25,000,000 for
fiscal year 1996, and $25,000,000 for fiscal year 1997 may be appropriated
from the Violent Crime Reduction Trust Fund established by this Act.

  (b) TECHNICAL AMENDMENT.-Sections 103(k) and 106(b) of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note) are each amended by striking ",
which may be appropriated from the Violent Crime Reduction Trust Fund,".

                  TITLE XXII-MOTOR VEHICLE THEFT PREVENTION

  SEC. 220001. SHORT TITLE.

  This title may be cited as the "Motor Vehicle Theft Prevention Act".
  SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

  (a) IN GENERAL.-Not later than 180 days after the date of enactment of
this section, the Attorney General shall develop, in cooperation with the
States, a national voluntary motor vehicle theft prevention program (in this
section referred to as the "program") under which-

  (1) the owner of a motor vehicle may voluntarily sign a consent form with
a participating State or locality in which the motor vehicle owner-

  (A) states that the vehicle is not normally operated under certain
specified conditions; and

  (B) agrees to-

(i) display program decals or devices on the owner's vehicle; and

(ii) permit law enforcement officials in any State to stop the motor vehicle
and take reasonable steps to determine whether the vehicle is being operated
by or with the permission of the owner, if the vehicle is being operated
under the specified conditions; and

  (2) participating States and localities authorize law enforcement
officials in the State or locality to stop motor vehicles displaying program
decals or devices under specified conditions and take reasonable steps to
determine whether the vehicle is being operated by or with the permission of
the owner.

  (b) UNIFORM DECAL OR DEVICE DESIGNS.-

  (1) IN GENERAL.-The motor vehicle theft prevention program developed
pursuant to this section shall include a uniform design or designs for decals
or other devices to be displayed by motor vehicles participating in the
program.

  (2) TYPE OF DESIGN.-The uniform design shall-

  (A) be highly visible; and

  (B) explicitly state that the motor vehicle to which it is affixed may be
stopped under the specified conditions without additional grounds for
establishing a reasonable suspicion that the vehicle is being operated
unlawfully.

  (c) VOLUNTARY CONSENT FORM.-The voluntary consent form used to enroll in
the program shall-

  (1) clearly state that participation in the program is voluntary;

  (2) clearly explain that participation in the program means that, if the
participating vehicle is being operated under the specified conditions, law
enforcement officials may stop the vehicle and take reasonable steps to
determine whether it is being operated by or with the consent of the owner,
even if the law enforcement officials have no other basis for believing that
the vehicle is being operated unlawfully;

  (3) include an express statement that the vehicle is not normally operated
under the specified conditions and that the operation of the vehicle under
those conditions would provide sufficient grounds for a prudent law
enforcement officer to reasonably believe that the vehicle was not being
operated by or with the consent of the owner; and

  (4) include any additional information that the Attorney General may
reasonably require.

  (d) SPECIFIED CONDITIONS UNDER WHICH STOPS MAY BE AUTHORIZED.-

  (1) IN GENERAL.-The Attorney General shall promulgate rules establishing
the conditions under which participating motor vehicles may be authorized to
be stopped under this section. These conditions may not be based on race,
creed, color, national origin, gender, or age. These conditions may include-

  (A) the operation of the vehicle during certain hours of the day; or

  (B) the operation of the vehicle under other circumstances that would
provide a sufficient basis for establishing a reasonable suspicion that the
vehicle was not being operated by the owner, or with the consent of the
owner.

  (2) MORE THAN ONE SET OF CONDITIONS.-The Attorney General may establish
more than one set of conditions under which participating motor vehicles may
be stopped. If more than one set of conditions is established, a separate
consent form and a separate design for program decals or devices shall be
established for each set of conditions. The Attorney General may choose to
satisfy the requirement of a separate design for program decals or devices
under this paragraph by the use of a design color that is clearly
distinguishable from other design colors.

  (3) NO NEW CONDITIONS WITHOUT CONSENT.-After the program has begun, the
conditions under which a vehicle may be stopped if affixed with a certain
decal or device design may not be expanded without the consent of the owner.

  (4) LIMITED PARTICIPATION BY STATES AND LOCALITIES.-A State or locality
need not authorize the stopping of motor vehicles under all sets of
conditions specified under the program in order to participate in the
program.

  (e) MOTOR VEHICLES FOR HIRE.-

  (1) NOTIFICATION TO LESSEES.-Any person who is in the business of renting
or leasing motor vehicles and who rents or leases a motor vehicle on which a
program decal or device is affixed shall, prior to transferring possession of
the vehicle, notify the person to whom the motor vehicle is rented or leased
about the program.

  (2) TYPE OF NOTICE.-The notice required by this subsection shall-

  (A) be in writing;

  (B) be in a prominent format to be determined by the Attorney General; and

  (C) explain the possibility that if the motor vehicle is operated under
the specified conditions, the vehicle may be stopped by law enforcement
officials even if the officials have no other basis for believing that the
vehicle is being operated unlawfully.

  (3) FINE FOR FAILURE TO PROVIDE NOTICE.-Failure to provide proper notice
under this subsection shall be punishable by a fine not to exceed $5,000.

  (f) NOTIFICATION OF POLICE.-As a condition of participating in the
program, a State or locality must agree to take reasonable steps to ensure
that law enforcement officials throughout the State or locality are familiar
with the program, and with the conditions under which motor vehicles may be
stopped under the program.

  (g) REGULATIONS.-The Attorney General shall promulgate regulations to
implement this section.

  (h) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to carry out
this section.

  (1) $1,500,000 for fiscal year 1996;

  (2) $1,700,000 for fiscal year 1997; and

  (3) $1,800,000 for fiscal year 1998.
  SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.

  (a) BASIC OFFENSE.-Subsection (a) of section 511 of title 18, United
States Code, is amended to read as follows:

  "(a) A person who-

  "(1) knowingly removes, obliterates, tampers with, or alters an
identification number for a motor vehicle or motor vehicle part; or

  "(2) with intent to further the theft of a motor vehicle, knowingly
removes, obliterates, tampers with, or alters a decal or device affixed to a
motor vehicle pursuant to the Motor Vehicle Theft Prevention Act,

  shall be fined under this title, imprisoned not more than 5 years, or
both.".

  (b) EXCEPTED PERSONS.-Paragraph (2) of section 511(b) of title 18, United
States Code, is amended-

  (1) by striking "and" after the semicolon in subparagraph (B);

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

  (3) by adding at the end the following new subparagraph:

  "(D) a person who removes, obliterates, tampers with, or alters a decal or
device affixed to a motor vehicle pursuant to the Motor Vehicle Theft
Prevention Act, if that person is the owner of the motor vehicle, or is
authorized to remove, obliterate, tamper with or alter the decal or device
by-

"(i) the owner or his authorized agent;

"(ii) applicable State or local law; or

"(iii) regulations promulgated by the Attorney General to implement the
Motor Vehicle Theft Prevention Act.".

  (c) DEFINITION.-Section 511 of title 18, United States Code, is amended by
adding at the end thereof the following:

  "(d) For purposes of subsection (a) of this section, the term `tampers
with' includes covering a program decal or device affixed to a motor vehicle
pursuant to the Motor Vehicle Theft Prevention Act for the purpose of
obstructing its visibility.".

  (d) UNAUTHORIZED APPLICATION OF A DECAL OR DEVICE.-

  (1) IN GENERAL.-Chapter 25 of title 18, United States Code, is amended by
adding after section 511 the following new section:
  "511A. Unauthorized application of theft prevention decal or device

  "(a) Whoever affixes to a motor vehicle a theft prevention decal or other
device, or a replica thereof, unless authorized to do so pursuant to the
Motor Vehicle Theft Prevention Act, shall be punished by a fine not to
exceed $1,000.

  "(b) For purposes of this section, the term `theft prevention decal or
device' means a decal or other device designed in accordance with a uniform
design for such devices developed pursuant to the Motor Vehicle Theft
Prevention Act.".

  (2) TECHNICAL AMENDMENT.-The chapter analysis for chapter 25 of title 18,
United States Code, is amended by adding after the item relating to section
511 the following new item:



"511A. Unauthorized application of theft prevention decal or device.".

                                                                   [pH8848]


                         TITLE XXIII-VICTIMS OF CRIME


                         Subtitle A-Victims of Crime

  SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

  (a) MODIFICATION OF PROPOSED AMENDMENTS.-The proposed amendments to the
Federal Rules of Criminal Procedure which are embraced by an order entered by
the Supreme Court of the United States on April 29, 1994, shall take effect
on December 1, 1994, as otherwise provided by law, but with the following
amendments:

  (b) IN GENERAL.-Rule 32 of the Federal Rules of Criminal Procedure is
amended by-

  (1) striking "and" following the semicolon in subdivision (c)(3)(C);

  (2) striking the period at the end of subdivision (c)(3)(D) and
inserting "; and";

  (3) inserting after subdivision (c)(3)(D) the following:

  "(E) if sentence is to be imposed for a crime of violence or sexual abuse,
address the victim personally if the victim is present at the sentencing
hearing and determine if the victim wishes to make a statement or present any
information in relation to the sentence.";

  (4) in subdivision (c)(3)(D), striking "equivalent opportunity" and
inserting in lieu thereof "opportunity equivalent to that of the defendant's
counsel";

  (5) in the last sentence of subdivision (c)(4), striking "and (D)" and
inserting "(D), and (E)";

  (6) in the last sentence of subdivision (c)(4), inserting "the victim,"
before "or the attorney for the Government."; and

  (7) adding at the end the following:

  "(f) DEFINITIONS.-For purposes of this rule-

  "(1) `victim' means any individual against whom an offense has been
committed for which a sentence is to be imposed, but the right of allocution
under subdivision (c)(3)(E) may be exercised instead by-

  "(A) a parent or legal guardian if the victim is below the age of eighteen
years or incompetent; or

  "(B) one or more family members or relatives designated by the court if
the victim is deceased or incapacitated;

  if such person or persons are present at the sentencing hearing,
regardless of whether the victim is present; and

  "(2) `crime of violence or sexual abuse' means a crime that involved the
use or attempted or threatened use of physical force against the person or
property of another, or a crime under chapter 109A of title 18, United States
Code.".

  (c) EFFECTIVE DATE.-The amendments made by subsection (b) shall become
effective on December 1, 1994.
  SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM OF A
VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING HEARING
AND ANY PAROLE HEARING.

  It is the sense of the Senate that-

  (1) the law of a State should provide for a victim's right of allocution
at a sentencing hearing and at any parole hearing if the offender has been
convicted of a crime of violence or sexual abuse;

  (2) such a victim should have an opportunity equivalent to the opportunity
accorded to the offender to address the sentencing court or parole board and
to present information in relation to the sentence imposed or to the early
release of the offender; and

  (3) if the victim is not able to or chooses not to testify at a sentencing
hearing or parole hearing, the victim's parents, legal guardian, or family
members should have the right to address the court or board.

                        Subtitle B-Crime Victims' Fund

  SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

  (a) GENERALLY.-Section 1402(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)) is amended by-

  (1) striking paragraph (2) and inserting the following:

  "(2) the next $10,000,000 deposited in the Fund shall be available for
grants under section 1404A.";

  (2) striking paragraph (3) and inserting the following:

  "(3) Of the remaining amount deposited in the Fund in a particular fiscal
year-

  "(A) 48.5 percent shall be available for grants under section 1403;

  "(B) 48.5 percent shall be available for grants under section 1404(a); and

  "(C) 3 percent shall be available for grants under section 1404(c).";

  (3) striking paragraph (4) and inserting the following:

  "(4) The Director may retain any portion of the Fund that was deposited
during a fiscal year that is in excess of 110 percent of the total amount
deposited in the Fund during the preceding fiscal year as a reserve for use
in a year in which the Fund falls below the amount available in the previous
year. Such reserve may not exceed $20,000,000."; and

  (4) striking paragraph (5).

  (b) CONFORMING CROSS REFERENCE.-Section 1402(g)(1) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(g)(1)) is amended by striking "(d)(2)(D)" and
inserting "(d)(2)".
  SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL
PROGRAMS.

  Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is
amended by adding at the end the following new subsection:

  "(e) Notwithstanding any other law, if the compensation paid by an
eligible crime victim compensation program would cover costs that a Federal
program, or a federally financed State or local program, would otherwise
pay,-

  "(1) such crime victim compensation program shall not pay that
compensation; and

  "(2) the other program shall make its payments without regard to the
existence of the crime victim compensation program.".
  SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

  (a) CREATION OF EXCEPTION.-The final sentence of section 1403(a)(1) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1)) is amended by
striking "A grant" and inserting "Except as provided in paragraph (3), a
grant".

  (b) REQUIREMENTS OF EXCEPTION.-Section 1403(a) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end the following
new paragraph:

  "(3) Not more than 5 percent of a grant made under this section may be
used for the administration of the State crime victim compensation program
receiving the grant.".
  SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.

  Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(1)(A)) is amended by inserting "demonstration projects and"
before "training".
  SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

  (a) CREATION OF EXCEPTION.-Section 1404(b)(2) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking "An eligible" and
inserting "Except as provided in paragraph (3), an eligible".

  (b) REQUIREMENTS OF EXCEPTION.-Section 1404(b) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end the following
new subsection:

  "(3) Not more than 5 percent of sums received under subsection (a) may be
used for the administration of the State crime victim assistance program
receiving such sums.".
  SEC. 230206. MAINTENANCE OF EFFORT.

  Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is
amended by adding at the end the following new subsection:

  "(h) Each entity receiving sums made available under this Act for
administrative purposes shall certify that such sums will not be used to
supplant State or local funds, but will be used to increase the amount of
such funds that would, in the absence of Federal funds, be made available for
these purposes.".
  SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.

  Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(g))
is amended by striking "and on December 31 every two years thereafter", and
inserting "and on June 30 every two years thereafter".
  SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.

  Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(a)(5)(B)) is amended to read as follows:

  "(B) $200,000 thereafter.".

                    TITLE XXIV-PROTECTIONS FOR THE ELDERLY

  SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.

  (a) GRANT.-The Attorney General shall, subject to the availability of
appropriations, award a grant to an eligible organization to assist the
organization in paying for the costs of planning, designing, establishing,
and operating a Missing Alzheimer's Disease Patient Alert Program, which
shall be a locally based, proactive program to protect and locate missing
patients with Alzheimer's disease and related dementias.

  (b) APPLICATION.-To be eligible to receive a grant under subsection (a),
an organization shall submit an application to the Attorney General at such
time, in such manner, and containing such information as the Attorney General
may require, including, at a minimum, an assurance that the organization will
obtain and use assistance from private nonprofit organizations to support the
program.

  (c) ELIGIBLE ORGANIZATION.-The Attorney General shall award the grant
described in subsection (a) to a national voluntary organization that has a
direct link to patients, and families of patients, with Alzheimer's disease
and related dementias.

  (d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-

  (1) $900,000 for fiscal year 1996;

  (2) $900,000 for fiscal year 1997; and

  (3) $900,000 for fiscal year 1998.
  SEC. 240002. CRIMES AGAINST THE ELDERLY.

  (a) IN GENERAL.-Pursuant to its authority under the Sentencing Reform Act
of 1984 and section 21 of the Sentencing Act of 1987 (including its authority
to amend the sentencing guidelines and policy statements) and its authority
to make such amendments on an emergency basis, the United States Sentencing
Commission shall ensure that the applicable guideline range for a defendant
convicted of a crime of violence against an elderly victim is sufficiently
stringent to deter such a crime, to protect the public from additional crimes
of such a defendant, and to adequately reflect the heinous nature of such an
offense.

  (b) CRITERIA.-In carrying out subsection (a), the United States Sentencing
Commission shall ensure that-

  (1) the guidelines provide for increasingly severe punishment for a
defendant commensurate with the degree of physical harm caused to the elderly
victim;

  (2) the guidelines take appropriate account of the vulnerability of the
victim; and

  (3) the guidelines provide enhanced punishment for a defendant convicted
of a crime of violence against an elderly victim who has previously been
convicted of a crime of violence against an elderly victim, regardless of
whether the conviction occurred in Federal or State court.

  (c) DEFINITIONS.-In this section-

  "crime of violence" means an offense under section 113, 114, 1111, 1112,
1113, 1117, 2241, 2242, or 2244 of title 18, United States Code.

  "elderly victim" means a victim who is 65 years of age or older at the
time of an offense.
                                                                   [pH8849]


              TITLE XXV-SENIOR CITIZENS AGAINST MARKETING SCAMS

  SEC. 250001. SHORT TITLE.

  This Act may be cited as the "Senior Citizens Against Marketing Scams Act
of 1994".
  SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.

  (a) OFFENSE.-Part I of title 18, United States Code, is amended-

  (1) by redesignating chapter 113A as chapter 113B; and

  (2) by inserting after chapter 113 the following new chapter:

                      "CHAPTER 113A-TELEMARKETING FRAUD




"Sec.
"2325. Definition.
"2326. Enhanced penalties.
"2327. Mandatory restitution.

  "2325. Definition

  "In this chapter, `telemarketing'-

  "(1) means a plan, program, promotion, or campaign that is conducted to
induce-

  "(A) purchases of goods or services; or

  "(B) participation in a contest or sweepstakes,

  by use of 1 or more interstate telephone calls initiated either by a
person who is conducting the plan, program, promotion, or campaign or by a
prospective purchaser or contest or sweepstakes participant; but

  "(2) does not include the solicitation of sales through the mailing of a
catalog that-

  "(A) contains a written description or illustration of the goods or
services offered for sale;

  "(B) includes the business address of the seller;

  "(C) includes multiple pages of written material or illustration; and

  "(D) has been issued not less frequently than once a year,

  if the person making the solicitation does not solicit customers by
telephone but only receives calls initiated by customers in response to the
catalog and during those calls take orders without further solicitation.
  "2326. Enhanced penalties

  "A person who is convicted of an offense under section 1028, 1029, 1341,
1342, 1343, or 1344 in connection with the conduct of telemarketing-

  "(1) may be imprisoned for a term of up to 5 years in addition to any term
of imprisonment imposed under any of those sections, respectively; and

  "(2) in the case of an offense under any of those sections that-

  "(A) victimized ten or more persons over the age of 55; or

  "(B) targeted persons over the age of 55,

  may be imprisoned for a term of up to 10 years in addition to any term of
imprisonment imposed under any of those sections, respectively.
  "2327. Mandatory restitution

  "(a) IN GENERAL.-Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.

  "(b) SCOPE AND NATURE OF ORDER.-

  "(1) DIRECTIONS.-The order of restitution under this section shall direct
that-

  "(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's losses as determined by the court,
pursuant to paragraph (3); and

  "(B) the United States Attorney enforce the restitution order by all
available and reasonable means.

  "(2) ENFORCEMENT BY VICTIM.-An order of restitution may be enforced by a
victim named in the order to receive the restitution as well as by the United
States Attorney, in the same manner as a judgment in a civil action.

  "(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' means all losses suffered by the victim as a proximate
result of the offense.

  "(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.

  "(B) A court may not decline to issue an order under this section because
of-

  "(i) the economic circumstances of the defendant; or

  "(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.

  "(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.

  "(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-

  "(I) the financial resources and other assets of the defendant;

  "(II) projected earnings, earning capacity, and other income of the
defendant; and

  "(III) any financial obligations of the defendant, including obligations
to dependents.

  "(D) Subparagraph (A) does not apply if-

  "(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and

  "(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.

  "(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.

  "(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.

  "(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.

  "(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-

  "(A) any Federal civil proceeding; and

  "(B) any State civil proceeding, to the extent provided by the law of the
State.

  "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.

  "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution issued under this section shall be a condition of any probation
or supervised release of a defendant. The court may revoke probation or a
term of supervised release, modify the terms or conditions of probation or a
term of supervised release, hold the defendant in contempt pursuant to
section 3583(e), or suspend the offender's eligibility for any grant,
contract, loan, professional license, or commercial license provided by an
agency of the United States or with appropriated funds of the United States
if the defendant fails to comply with the order. In determining whether to
revoke probation or a term of supervised release, modify the terms or
conditions of probation or supervised release or hold a defendant serving a
term of supervised release in contempt, the court shall consider the
defendant's employment status, earning ability and financial resources, the
willfulness of the defendant's failure to comply, and any other circumstances
that may have a bearing on the defendant's ability to comply.

  "(c) PROOF OF CLAIM.-

  "(1) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or the
United States Attorney's delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed by the United
States Attorney (or the United States Attorney's delegee) and the victim.
Should the victim object to any of the information included in the affidavit,
the United States Attorney (or the United States Attorney's delegee) shall
advise the victim that the victim may file a separate affidavit and shall
provide the victim with an affidavit form which may be used to do so.

  "(2) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.

  "(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.

  "(4) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable by the date that is 10 days prior to sentencing as provided in
paragraph (1), the United States Attorney (or the United States Attorney's
delegee) shall so inform the court, and the court shall set a date for the
final determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the initial
claim for restitutionary relief.

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

  "(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.-The court may refer any
issue arising in connection with a proposed order of restitution to a
magistrate or special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo determination of the
issue by the court.

  "(f) DEFINITION.-For purposes of this section, the term `victim' includes
the individual harmed as a result of a commission of a crime under this
chapter, including, in the case of a victim who is incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member, or any other
person appointed as suitable by the court, but in no event shall the
defendant be named as such representative or guardian.".

  (b) TECHNICAL AMENDMENTS.-

  (1) PART ANALYSIS.-The part analysis for part I of title 18, United States
Code, is amended by striking the item relating to chapter 113A and inserting
the following:



"113A. Telemarketing
fraud                     2325                     "113B. Terrorism
2331".

                                                                   [pH8850]


  (2) CHAPTER 113B.-The chapter heading for chapter 113B of title 18, United
States Code, as redesignated by subsection (a)(1), is amended to read as
follows:

                          "CHAPTER 113B-TERRORISM".

  SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.

  (a) REVIEW.-The United States Sentencing Commission shall review and, if
necessary, amend the sentencing guidelines to ensure that victim related
adjustments for fraud offenses against older victims over the age of 55 are
adequate.

  (b) REPORT.-Not later than 180 days after the date of enactment of this
Act, the Sentencing Commission shall report to Congress the result of its
review under subsection (a).
  SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND
CONVICTION.

  Section 3059 of title 18, United States Code, is amended by adding at the
end the following new subsection:

  "(c)(1) In special circumstances and in the Attorney General's sole
discretion, the Attorney General may make a payment of up to $10,000 to a
person who furnishes information unknown to the Government relating to a
possible prosecution under section 2326 which results in a conviction.

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

  "(A) the person is a current or former officer or employee of a Federal,
State, or local government agency or instrumentality who furnishes
information discovered or gathered in the course of government employment;

  "(B) the person knowingly participated in the offense;

  "(C) the information furnished by the person consists of an allegation or
transaction that has been disclosed to the public-

  "(i) in a criminal, civil, or administrative proceeding;

  "(ii) in a congressional, administrative, or General Accounting Office
report, hearing, audit, or investigation; or

  "(iii) by the news media, unless the person is the original source of the
information; or

  "(D) when, in the judgment of the Attorney General, it appears that a
person whose illegal activities are being prosecuted or investigated could
benefit from the award.

  "(3) For the purposes of paragraph (2)(C)(iii), the term `original source'
means a person who has direct and independent knowledge of the information
that is furnished and has voluntarily provided the information to the
Government prior to disclosure by the news media.

  "(4) Neither the failure of the Attorney General to authorize a payment
under paragraph (1) nor the amount authorized shall be subject to judicial
review.".
  SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for the purposes of carrying out
this Act and the amendments made by this Act-

  (1) for the Federal Bureau of Investigation to hire, equip, and train
special agents and support staff to investigate telemarketing fraud cases-

  (A) $750,000 for fiscal year 1996;

  (B) $1,500,000 for fiscal year 1997;

  (C) $1,500,000 for fiscal year 1998;

  (D) $1,800,000 for fiscal year 1999; and

  (E) $1,950,000 for fiscal year 2000;

  (2) to hire, equip, and train Department of Justice attorneys, assistant
United States Attorneys, and support staff to prosecute telemarketing fraud
cases-

  (A) $250,000 for fiscal year 1996;

  (B) $500,000 for fiscal year 1997;

  (C) $500,000 for fiscal year 1998;

  (D) $600,000 for fiscal year 1999; and

  (E) $650,000 for fiscal year 2000; and

  (3) for the Department of Justice to conduct, in cooperation with State
and local law enforcement agencies and senior citizen advocacy organizations,
public awareness and prevention initiatives for senior citizens, such as
seminars and training-

  (A) $1,000,000 for fiscal year 1996;

  (B) $2,000,000 for fiscal year 1997;

  (C) $2,000,000 for fiscal year 1998;

  (D) $2,500,000 for fiscal year 1999; and

  (E) $2,500,000 for fiscal year 2000.
  SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.

  Section 1341 of title 18, United States Code, is amended-

  (1) by inserting "or deposits or causes to be deposited any matter or
thing whatever to be sent or delivered by any private or commercial
interstate carrier," after "Postal Service,"; and

  (2) by inserting "or such carrier" after "causes to be delivered by mail".
  SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.

  Section 1029 of title 18, United States Code, is amended-

  (1) in subsection (a)-

  (A) by striking "or" at the end of paragraph (3); and

  (B) by inserting after paragraph (4) the following new paragraphs:

  "(5) knowingly and with intent to defraud effects transactions, with 1 or
more access devices issued to another person or persons, to receive payment
or any other thing of value during any 1-year period the aggregate value of
which is equal to or greater than $1,000;

  "(6) without the authorization of the issuer of the access device,
knowingly and with intent to defraud solicits a person for the purpose of-

  "(A) offering an access device; or

  "(B) selling information regarding or an application to obtain an access
device; or

  "(7) without the authorization of the credit card system member or its
agent, knowingly and with intent to defraud causes or arranges for another
person to present to the member or its agent, for payment, 1 or more
evidences or records of transactions made by an access device;";

  (2) in subsection (c)(1) by striking "(a)(2) or (a)(3)" and
inserting "(a) (2), (3), (5), (6), or (7)"; and

  (3) in subsection (e)-

  (A) by striking "and" at the end of paragraph (5);

  (B) by striking the period at the end of paragraph (6) and inserting ";
and"; and

  (C) by adding at the end the following new paragraph:

  "(7) the term `credit card system member' means a financial institution or
other entity that is a member of a credit card system, including an entity,
whether affiliated with or identical to the credit card issuer, that is the
sole member of a credit card system.".
  SEC. 250008. INFORMATION NETWORK.

  (a) HOTLINE.-The Attorney General shall, subject to the availability of
appropriations, establish a national toll-free hotline for the purpose of-

  (1) providing general information on telemarketing fraud to interested
persons; and

  (2) gathering information related to possible violations of this Act.

  (b) ACTION ON INFORMATION GATHERED.-The Attorney General shall work in
cooperation with the Federal Trade Commission to ensure that information
gathered through the hotline shall be acted on in an appropriate manner.

               TITLE XXVI-COMMISSION MEMBERSHIP AND APPOINTMENT

  SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.

  (a) MEMBERSHIP.-Section 211(B)(f) of Public Law 101-515 (104 Stat. 2123)
is amended to read as follows:

  "(f) NUMBER AND APPOINTMENT.-

  "(1) IN GENERAL.-The Commission shall be composed of 29 members as
follows:

  "(A) Nine individuals appointed from national law enforcement
organizations representing law enforcement officers, of whom-

"(i) two shall be appointed by the Speaker of the House of Representatives;

"(ii) two shall be appointed by the majority leader of the Senate;

"(iii) two shall be appointed by the minority leader of the House of
Representatives;

"(iv) two shall be appointed by the minority leader of the Senate; and

"(v) one shall be appointed by the President.

  "(B) Nine individuals appointed from national law enforcement
organizations representing law enforcement management, of whom-

"(i) two shall be appointed by the Speaker of the House of Representatives;

"(ii) two shall be appointed by the majority leader of the Senate;

"(iii) two shall be appointed by the minority leader of the House of
Representatives;

"(iv) two shall be appointed by the minority leader of the Senate; and

"(v) one shall be appointed by the President.

  "(C) Two individuals appointed with academic expertise regarding law
enforcement issues, of whom-

"(i) one shall be appointed by the Speaker of the House of Representatives
and the majority leader of the Senate; and

"(ii) one shall be appointed by the minority leader of the Senate and the
minority leader of the House of Representatives.

  "(D) Two Members of the House of Representatives, appointed by the Speaker
and the minority leader of the House of Representatives.

  "(E) Two Members of the Senate, appointed by the majority leader and the
minority leader of the Senate.

  "(F) One individual from the Department of Justice, appointed by the
President.

  "(G) Two individuals representing a State or local governmental entity,
such as a Governor, mayor, or State attorney general, to be appointed jointly
by the majority leader and the minority leader of the Senate.

  "(H) Two individuals representing a State or local governmental entity,
such as a Governor, mayor, or State attorney general, to be appointed jointly
by the Speaker and the minority leader of the House of Representatives.

  "(2) COMPTROLLER GENERAL.-The Comptroller General shall serve in an
advisory capacity and shall oversee the methodology and approve of the
Commission study.

  "(3) CHAIRPERSON.-Upon their appointment the members of the Commission
shall select one of their number to act as chairperson.

  "(4) APPOINTMENT DATE.-Members of the Commission shall be appointed no
later than 90 days after the enactment of this Act.".

  (b) REPORT.-Section 211(B)(p) of Public Law 101-515 (104 Stat. 2124) is
amended by striking "the expiration" and all that follows through "this Act,"
and inserting "March 31, 1996,".

  (c) REIMBURSEMENT.-

  (1) Section 211(B)(i) of Public Law 101-515 (104 Stat. 2124) is amended by
striking "non-reimbursable" and inserting "a reimbursable".

  (2) Section 211(b)(j) of Public Law 101-515 (104 Stat. 2124) is amended by
adding after "Commission" the following: ", on a reimbursable basis,".
                                                                   [pH8851]

  SEC. 260002. CONFORMING AMENDMENT.

  Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) is repealed.

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

  SEC. 270001. PRESIDENTIAL SUMMIT.

  Congress calls on the President to convene a national summit on violence
in America prior to convening the Commission established under this title.
  SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REPRESENTATION.

  (a) ESTABLISHMENT AND APPOINTMENT OF MEMBERS.-There is established a
commission to be known as the "National Commission on Crime Control and
Prevention". The Commission shall be composed of 28 members appointed as
follows:

  (1) 10 persons by the President, not more than 6 of whom shall be of the
same major political party.

  (2) 9 persons by the President pro tempore of the Senate, 5 of whom shall
be appointed on the recommendation of the Majority Leader of the Senate and
the chairman of the Committee on the Judiciary of the Senate, and 4 of whom
shall be appointed on the recommendation of the Minority Leader of the Senate
and the ranking minority member of the Committee on the Judiciary of the
Senate.

  (3) 9 persons appointed by the Speaker of the House of Representatives, in
consultation with the chairman of the Committee on the Judiciary of the House
of Representatives, and 4 of whom shall be appointed on the recommendation of
the Minority Leader of the House of Representatives, in consultation with the
ranking member of the Committee on the Judiciary.

  (b) COMMITTEES AND TASK FORCES.-The Commission shall establish committees
or task forces from among its members for the examination of specific subject
areas and the carrying out of other functions or responsibilities of the
Commission, including committees or task forces for the examination of the
subject areas of crime and violence generally, the causes of the demand for
drugs, violence in schools, and violence against women, as described in
subsections (b) through (e) of section 270004.

  (c) REPRESENTATION.-(1) At least 1 member of the Commission appointed by
the President, at least 2 members of the Commission appointed by the
President pro tempore of the Senate, and at least 2 members of the Commission
appointed by the Speaker of the House of Representatives shall be persons
well-qualified to participate in the Commission's examination of the subject
area of crime and violence generally, with education, training, expertise, or
experience in such areas as law enforcement, law, sociology, psychology,
social work, and ethnography and urban poverty (including health care,
housing, education, and employment).

  (2) At least 1 member of the Commission appointed by the President, at
least 2 members of the Commission appointed by the President pro tempore of
the Senate, and at least 2 members of the Commission appointed by the Speaker
of the House of Representatives shall be persons well-qualified to
participate in the Commission's examination of the subject area of the causes
of the demand for drugs, with education, training, expertise, or experience
in such areas as addiction, biomedicine, sociology, psychology, law, and
ethnography and urban poverty (including health care, housing, education, and
employment).

  (3) At least 1 member of the Commission appointed by the President, at
least 2 members of the Commission appointed by the President pro tempore of
the Senate, and at least 2 members of the Commission appointed by the Speaker
of the House of Representatives shall be persons well-qualified to
participate in the Commission's examination of the subject area of violence
in schools, with education, training, expertise, or experience in such areas
as law nforcement, education, school governance policy and teaching, law,
sociology, psychology, and ethnography and urban poverty (including health
care, housing, education, and employment).

  (4) At least 1 member of the Commission appointed by the President, at
least 2 members of the Commission appointed by the President pro tempore of
the Senate, and at least 2 members of the Commission appointed by the Speaker
of the House of Representatives shall be persons well-qualified to
participate in the Commission's examination of the subject area of violence
against women, as survivors of violence, or as persons with education,
training, expertise, or experience in such areas as law enforcement, law,
judicial administration, prosecution, defense, victim services or advocacy in
sexual assault or domestic violence cases (including medical services and
counseling), and protection of victims' rights.
  SEC. 270003. PURPOSES.

  The purposes of the Commission are as follows:

  (1) To develop a comprehensive proposal for preventing and controlling
crime and violence in the United States, including cost estimates for
implementing any recommendations made by the Commission.

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

  (3) To reach out beyond the traditional criminal justice community for
ideas for controlling and preventing crime.

  (4) To recommend improvements in the coordination of local, State,
Federal, and international crime control and prevention efforts, including
efforts relating to crime near international borders.

  (5) To make a comprehensive study of the economic and social factors
leading to or contributing to crime and violence, including the causes of
illicit drug use and other substance abuse, and to develop specific proposals
for legislative and administrative actions to reduce crime and violence and
the factors that contribute to it.

  (6) To recommend means of utilizing criminal justice resources as
effectively as possible, including targeting finite correctional facility
space to the most serious and violent offenders, and considering increased
use of intermediate sanctions for offenders who can be dealt with adequately
by such means.

  (7) To examine distinctive crime problems and the impact of crime on
members of minority groups, Indians living on reservations, and other groups
defined by race, ethnicity, religion, age, disability, or other
characteristics, and to recommend specific responses to the distinctive crime
problems of such groups.

  (8) To examine the problem of sexual assaults, domestic violence, and
other criminal and unlawful acts that particularly affect women, and to
recommend Federal, State, and local strategies for more effectively
preventing and punishing such crimes and acts.

  (9) To examine the treatment of victims in Federal, State, and local
criminal justice systems, and to develop recommendations to enhance and
protect the rights of victims.

  (10) To examine the ability of Federal, State, and local criminal justice
systems to administer criminal law and criminal sanctions impartially without
discrimination on the basis of race, ethnicity, religion, gender, or other
legally proscribed grounds, and to make recommendations for correcting any
deficiencies in the impartial administration of justice on these grounds.

  (11) To examine the nature, scope, causes, and complexities of violence in
schools and to recommend a comprehensive response to that problem.
  SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.

  (a) IN GENERAL.-The responsibilities of the Commission shall include such
study and consultation as may be necessary or appropriate to carry out the
purposes set forth in section 270003, including the specific measures
described in subsections (b) through (e) in relation to the subject areas
addressed in those subsections.

  (b) CRIME AND VIOLENCE GENERALLY.-In addressing the subject of crime and
violence generally, the activities of the Commission shall include the
following:

  (1) Reviewing the effectiveness of traditional criminal justice approaches
in preventing and controlling crime and violence.

  (2) Examining the impact that changes in Federal and State law have had in
controlling crime and violence.

  (3) Examining the impact of changes in Federal immigration laws and
policies and increased development and growth along United States
international borders on crime and violence in the United States,
particularly among the Nation's youth.

  (4) Examining the problem of youth gangs and providing recommendations as
to how to reduce youth involvement in violent crime.

  (5) Examining the extent to which the use of dangerous weapons in the
commission of crime has contributed to violence and murder in the United
States.

  (6) Convening field hearings in various regions of the country to receive
testimony from a cross section of criminal justice professionals, business
leaders, elected officials, medical doctors, and other persons who wish to
participate.

  (7) Reviewing all segments of the Nation's criminal justice systems,
including the law enforcement, prosecution, defense, judicial, and
corrections components in developing the crime control and prevention
proposal.

  (c) CAUSES OF THE DEMAND FOR DRUGS.-In addressing the subject of the
causes of the demand for drugs, the activities of the Commission shall
include the following:

  (1) Examining the root causes of illicit drug use and abuse in the United
States, including by compiling existing research regarding those root causes,
and including consideration of the following factors:

  (A) The characteristics of potential illicit drug users and abusers or
drug traffickers, including age and social, economic, and educational
backgrounds.

  (B) Environmental factors that contribute to illicit drug use and abuse,
including the correlation between unemployment, poverty, and homelessness and
drug experimentation and abuse.

  (C) The effects of substance use and abuse by a relative or friend in
contributing to the likelihood and desire of an individual to experiment with
illicit drugs.

  (D) Aspects of, and changes in cultural values, attitudes and traditions
that contribute to illicit drug use and abuse.

  (E) The physiological and psychological factors that contribute to the
desire for illicit drugs.

  (2) Evaluating Federal, State, and local laws and policies on the
prevention of drug abuse, control of unlawful production, distribution and
use of controlled substances, and the efficacy of sentencing policies with
regard to those laws.

  (3) Analyzing the allocation of resources among interdiction of controlled
substances entering the United States, enforcement of Federal laws relating
to the unlawful production, distribution, and use of controlled substances,
education with regard to and the prevention of the unlawful use of controlled
substances, and treatment and rehabilitation of drug abusers.

  (4) Analyzing current treatment and rehabilitation methods and making
recommendations for improvements.

  (5) Identifying any existing gaps in drug abuse policy that result from
the lack of attention to the root causes of drug abuse.

  (6) Assessing the needs of government at all levels for resources and
policies for reducing the overall desire of individuals to experiment with
and abuse illicit drugs.

  (7) Making recommendations regarding necessary improvements in policies
for reducing the use of illicit drugs in the United States.

  (d) VIOLENCE IN SCHOOLS.-In addressing the subject of violence in schools,
the activities of the Commission shall include the following:

  (1) Defining the causes of violence in schools.

  (2) Defining the scope of the national problem of violence in schools.

  (3) Providing statistics and data on the problem of violence in schools on
a State-by-State basis.

  (4) Investigating the problem of youth gangs and their relation to
violence in schools and providing recommendations on how to reduce youth
involvement in violent crime in schools.

  (5) Examining the extent to which dangerous weapons have contributed to
violence and murder in schools.

  (6) Exploring the extent to which the school environment has contributed
to violence in schools.

  (7) Reviewing the effectiveness of current approaches in preventing
violence in schools.

  (e) VIOLENCE AGAINST WOMEN.-In addressing the subject of sexual assault,
domestic violence, and other criminal and unlawful acts that particularly
affect women, the activities of the Commission shall include the following:

  (1) Evaluating the adequacy of, and making recommendations regarding,
current law enforcement efforts at the Federal, State, and local levels to
reduce the incidence of such crimes and acts, and to punish those responsible
for such crimes and acts.

  (2) Evaluating the adequacy of, and making recommendations regarding, the
responsiveness of prosecutors and courts to such crimes and acts.

  (3) Evaluating the adequacy of rules of evidence, practice, and procedure
to ensure the effective prosecution and conviction of perpetrators of such
crimes and acts and to protect victims of such crimes and acts from abuse in
legal proceedings, making recommendations, where necessary, to improve those
rules.

  (4) Evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release in relation to such crimes and
acts.

  (5) Evaluating the adequacy of, and making recommendations regarding, the
adequacy of Federal and State laws on sexual assault and the need for a more
uniform statutory response to sex offenses, including sexual assaults and
other sex offenses committed by offenders who are known or related by blood
or marriage to the victim.

  (6) Evaluating the adequacy of, and making recommendations regarding, the
adequacy of Federal and State laws on domestic violence and the need for a
more uniform statutory response to domestic violence.

  (7) Evaluating the adequacy of, and making recommendations regarding, the
adequacy of current education, prevention, and protective services for
victims of such crimes and acts.

  (8) Assessing the issuance, formulation, and enforcement of protective
orders, whether or not related to a criminal proceeding, and making
recommendations for their more effective use in domestic violence and
stalking cases.

  (9) Assessing the problem of stalking and recommending effective means of
response to the problem.

  (10) Evaluating the adequacy of, and making recommendations regarding,
programs for public awareness and public dissemination of information to
prevent such crimes and acts.

  (11) Evaluating the treatment of victims of such crimes and acts in
Federal, State, and local criminal justice systems, and making
recommendations designed to improve such treatment.
                                                                   [pH8852]

  SEC. 270005. ADMINISTRATIVE MATTERS.

  (a) CHAIR.-The President shall designate a member of the Commission to
chair the Commission.

  (b) NO ADDITIONAL PAY OR BENEFITS; PER DIEM.-Members of the Commission
shall receive no pay or benefits by reason of their service on the
Commission, but shall receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under sections
5702 and 5703 of title 5, United States Code.

  (c) VACANCIES.-Vacancies on the Commission shall be filled in the same
manner as initial appointments.

  (d) MEETINGS OPEN TO THE PUBLIC.-The Commission shall be considered to be
an agency for the purposes of section 552b of title 5, United States Code,
relating to the requirement that meetings of Federal agencies be open to the
public.
  SEC. 270006. STAFF AND SUPPORT SERVICES.

  (a) DIRECTOR.-With the approval of the Commission, the chairperson shall
appoint a staff director for the Commission.

  (b) STAFF.-With the approval of the Commission, the staff director may
appoint and fix the compensation of staff personnel for the Commission.

  (c) CIVIL SERVICE LAWS.-The staff of the Commission shall be appointed
without regard to the provisions of title 5, United States Code, governing
appointments in the competitive service. Staff compensation may be set
without regard to the provisions of chapter 51 and subchapter III of chapter
53 of that title relating to classification and General Schedule pay rates,
but in no event shall any such personnel be compensated at a rate greater
than the rate of basic pay for level ES-4 of the Senior Executive Service
Schedule under section 5382 of that title. The staff director shall be paid
at a rate not to exceed the rate of basic pay for level V of the Executive
Schedule.

  (d) CONSULTANTS.-With the approval of the Commission, the staff director
may procure temporary and intermittent services under section 3109(b) of
title 5, United States Code.

  (e) STAFF OF FEDERAL AGENCIES.-Upon the request of the Commission, the
head of any Federal agency may detail, on a reimbursable basis, personnel of
that agency to the Commission to assist in carrying out its duties.

  (f) PHYSICAL FACILITIES.-The Administrator of the General Service
Administration shall provide suitable office space for the operation of the
Commission. The facilities shall serve as the headquarters of the Commission
and shall include all necessary equipment and incidentals required for proper
functioning.
  SEC. 270007. POWERS.

  (a) HEARINGS.-For the purposes of carrying out this title, the Commission
may conduct such hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Commission considers
appropriate. The Commission may administer oaths before the Commission.

  (b) DELEGATION.-Any committee, task force, member, or agent, of the
Commission may, if authorized by the Commission, take any action that the
Commission is authorized to take under this title.

  (c) ACCESS TO INFORMATION.-The Commission may request directly from any
Federal agency or entity in the executive or legislative branch such
information as is needed to carry out its functions.

  (d) MAIL.-The Commission may use the United States mails in the same
manner and under the same conditions as other Federal agencies.
  SEC. 270008. REPORT; TERMINATION.

  Not later than 2 years after the date on which the Commission is fully
constituted under section 270001, the Commission shall submit a detailed
report to the Congress and the President containing its findings and
recommendations. The Commission shall terminate 30 days after the submission
of its report.
  SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this title-

  (1) $1,000,000 for fiscal year 1996.

                      TITLE XXVIII-SENTENCING PROVISIONS

  SEC. 280001. IMPOSITION OF SENTENCE.

  Section 3553(a)(4) of title 18, United States Code, is amended to read as
follows:

  "(4) the kinds of sentence and the sentencing range established for-

  "(A) the applicable category of offense committed by the applicable
category of defendant as set forth in the guidelines issued by the Sentencing
Commission pursuant to section 994(a)(1) of title 28, United States Code, and
that are in effect on the date the defendant is sentenced; or

  "(B) in the case of a violation of probation or supervised release, the
applicable guidelines or policy statements issued by the Sentencing
Commission pursuant to section 994(a)(3) of title 28, United States Code;".
  SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.

  Section 3563(a)(3) of title 18, United States Code, is amended by
striking "possess illegal controlled substances" and inserting "unlawfully
possess a controlled substance".
  SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION REGARDING
SENTENCING ENHANCEMENTS FOR HATE CRIMES.

  (a) DEFINITION.-In this section, "hate crime" means a crime in which the
defendant intentionally selects a victim, or in the case of a property crime,
the property that is the object of the crime, because of the actual or
perceived race, color, religion, national origin, ethnicity, gender,
disability, or sexual orientation of any person.

  (b) SENTENCING ENHANCEMENT.-Pursuant to section 994 of title 28, United
States Code, the United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines to provide sentencing enhancements of
not less than 3 offense levels for offenses that the finder of fact at trial
determines beyond a reasonable doubt are hate crimes. In carrying out this
section, the United States Sentencing Commission shall ensure that there is
reasonable consistency with other guidelines, avoid duplicative punishments
for substantially the same offense, and take into account any mitigating
circumstances that might justify exceptions.
  SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN
CASES.

  Section 3561(a)(3) of title 18, United States Code, is amended by
inserting "that is not a petty offense" before the period.
  SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING
COMMISSION.

  (a) ESTABLISHMENT OF POSITIONS.-Section 991 (a) of title 28, United States
Code, is amended-

  (1) in the second sentence by striking the period and inserting "and three
of whom shall be designated by the President as Vice Chairs.";

  (2) in the fourth sentence by striking the period and inserting ", and of
the three Vice Chairs, no more than two shall be members of the same
political party."; and

  (3) in the sixth sentence by striking "Chairman" and inserting "Chair,
Vice Chairs,".

  (b) TERMS AND COMPENSATION.-Section 992(c) of title 28, United States
Code, is amended-

  (1) by amending the first sentence to read as follows: "The Chair and Vice
Chairs of the Commission shall hold full-time positions and shall be
compensated during their terms of office at the annual rate at which judges
of the United States courts of appeals are compensated.";

  (2) in the second sentence by striking "Chairman" and inserting "Chair and
Vice Chairs"; and

  (3) in the third sentence by striking "Chairman" and inserting "Chair and
Vice Chairs,".

  (c) TECHNICAL AMENDMENTS.-Chapter 58 of title 28, United States Code, is
amended-

  (1) by striking "Chairman" each place it appears and inserting "Chair";

  (2) in the fifth sentence of section 991(a) by striking "his" and
inserting "the Attorney General's";

  (3) in the fourth sentence of section 992(c) by striking "his" and
inserting "the judge's";

  (4) in section 994(i)(2) by striking "he" and inserting "the defendant"
and striking "his" and inserting "the defendant's"; and

  (5) in section 996(a) by striking "him" and inserting "the Staff
Director".
                                                                   [pH8853]

  SEC. 280006. COCAINE PENALTY STUDY.

  Not later than December 31, 1994, the United States Sentencing Commission
shall submit a report to Congress on issues relating to sentences applicable
to offenses involving the possession or distribution of all forms of cocaine.
The report shall address the differences in penalty levels that apply to
different forms of cocaine and include any recommendations that the
Commission may have for retention or modification of such differences in
penalty levels.

                          TITLE XXIX-COMPUTER CRIME

  SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.

  (a) SHORT TITLE.-This subtitle may be cited as the "Computer Abuse
Amendments Act of 1994".

  (b) PROHIBITION.-Section 1030(a)(5) of title 18, United States Code, is
amended to read as follows:

  "(5)(A) through means of a computer used in interstate commerce or
communications, knowingly causes the transmission of a program, information,
code, or command to a computer or computer system if-

  "(i) the person causing the transmission intends that such transmission
will-

"(I) damage, or cause damage to, a computer, computer system, network,
information, data, or program; or

"(II) withhold or deny, or cause the withholding or denial, of the use of a
computer, computer services, system or network, information, data or program;
and

  "(ii) the transmission of the harmful component of the program,
information, code, or command-

"(I) occurred without the authorization of the persons or entities who own
or are responsible for the computer system receiving the program,
information, code, or command; and

"(II)(aa) causes loss or damage to one or more other persons of value
aggregating $1,000 or more during any 1-year period; or

"(bb) modifies or impairs, or potentially modifies or impairs, the medical
examination, medical diagnosis, medical treatment, or medical care of one or
more individuals; or

  "(B) through means of a computer used in interstate commerce or
communication, knowingly causes the transmission of a program, information,
code, or command to a computer or computer system-

  "(i) with reckless disregard of a substantial and unjustifiable risk that
the transmission will-

"(I) damage, or cause damage to, a computer, computer system, network,
information, data or program; or

"(II) withhold or deny or cause the withholding or denial of the use of a
computer, computer services, system, network, information, data or program;
and

  "(ii) if the transmission of the harmful component of the program,
information, code, or command-

"(I) occurred without the authorization of the persons or entities who own
or are responsible for the computer system receiving the program,
information, code, or command; and

"(II)(aa) causes loss or damage to one or more other persons of a value
aggregating $1,000 or more during any 1-year period; or

"(bb) modifies or impairs, or potentially modifies or impairs, the medical
examination, medical diagnosis, medical treatment, or medical care of one or
more individuals;".

  (c) PENALTY.-Section 1030(c) of title 18, United States Code is amended-

  (1) in paragraph (2)(B) by striking "and" after the semicolon;

  (2) in paragraph (3)(A) by inserting "(A)" after "(a)(5)";

  (3) in paragraph (3)(B) by striking the period at the end thereof and
inserting "; and"; and

  (4) by adding at the end the following new paragraph:

  "(4) a fine under this title or imprisonment for not more than 1 year, or
both, in the case of an offense under subsection (a)(5)(B).".

  (d) CIVIL ACTION.-Section 1030 of title 18, United States Code, is amended
by adding at the end thereof the following new subsection:

  "(g) Any person who suffers damage or loss by reason of a violation of the
section, other than a violation of subsection (a)(5)(B), may maintain a civil
action against the violator to obtain compensatory damages and injunctive
relief or other equitable relief. Damages for violations of any subsection
other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are
limited to economic damages. No action may be brought under this subsection
unless such action is begun within 2 years of the date of the act complained
of or the date of the discovery of the damage.".

  (e) REPORTING REQUIREMENTS.-Section 1030 of title 18 United States Code,
is amended by adding at the end the following new subsection:

  "(h) The Attorney General and the Secretary of the Treasury shall report
to the Congress annually, during the first 3 years following the date of the
enactment of this subsection, concerning investigations and prosecutions
under section 1030(a)(5) of title 18, United States Code.".

  (f) PROHIBITION.-Section 1030(a)(3) of title 18, United States Code, is
amended by inserting "adversely" before "affects the use of the Government's
operation of such computer".

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

  SEC. 300001. SHORT TITLE.

  This title may be cited as the "Driver's Privacy Protection Act of 1994".
  SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS.

  (a) IN GENERAL.-Title 18, United States Code, is amended by inserting
after chapter 121 the following new chapter:

            "CHAPTER 123-PROHIBITION ON RELEASE AND USE OF CERTAIN
            PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS

  "2721. Prohibition on release and use of certain personal information from
State motor vehicle records

  "(a) IN GENERAL.-Except as provided in subsection (b), a State department
of motor vehicles, and any officer, employee, or contractor, thereof, shall
not knowingly disclose or otherwise make available to any person or entity
personal information about any individual obtained by the department in
connection with a motor vehicle record.

  "(b) PERMISSIBLE USES.-Personal information referred to in subsection (a)
shall be disclosed for use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle emissions, motor vehicle product
alterations, recalls, or advisories, performance monitoring of motor vehicles
and dealers by motor vehicle manufacturers, and removal of non-owner records
from the original owner records of motor vehicle manufacturers to carry out
the purposes of the Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and Motor Vehicle
Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act,
and may be disclosed as follows:

  "(1) For use by any government agency, including any court or law
enforcement agency, in carrying out its functions, or any private person or
entity acting on behalf of a Federal, State, or local agency in carrying out
its functions.

  "(2) For use in connection with matters of motor vehicle or driver safety
and theft; motor vehicle emissions; motor vehicle product alterations,
recalls, or advisories; performance monitoring of motor vehicles, motor
vehicle parts and dealers; motor vehicle market research activities,
including survey research; and removal of non-owner records from the original
owner records of motor vehicle manufacturers.

  "(3) For use in the normal course of business by a legitimate business or
its agents, employees, or contractors, but only-

  "(A) to verify the accuracy of personal information submitted by the
individual to the business or its agents, employees, or contractors; and

  "(B) if such information as so submitted is not correct or is no longer
correct, to obtain the correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies against, or recovering on a debt
or security interest against, the individual.

  "(4) For use in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before
any self-regulatory body, including the service of process, investigation in
anticipation of litigation, and the execution or enforcement of judgments and
orders, or pursuant to an order of a Federal, State, or local court.

  "(5) For use in research activities, and for use in producing statistical
reports, so long as the personal information is not published, redisclosed,
or used to contact individuals.

  "(6) For use by any insurer or insurance support organization, or by a
self-insured entity, or its agents, employees, or contractors, in connection
with claims investigation activities, antifraud activities, rating or
underwriting.

  "(7) For use in providing notice to the owners of towed or impounded
vehicles.

  "(8) For use by any licensed private investigative agency or licensed
security service for any purpose permitted under this subsection.

  "(9) For use by an employer or its agent or insurer to obtain or verify
information relating to a holder of a commercial driver's license that is
required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C.
App. 2710 et seq.).

  "(10) For use in connection with the operation of private toll
transportation facilities.

  "(11) For any other use in response to requests for individual motor
vehicle records if the motor vehicle department has provided in a clear and
conspicuous manner on forms for issuance or renewal of operator's permits,
titles, registrations, or identification cards, notice that personal
information collected by the department may be disclosed to any business or
person, and has provided in a clear and conspicuous manner on such forms an
opportunity to prohibit such disclosures.

  "(12) For bulk distribution for surveys, marketing or solicitations if the
motor vehicle department has implemented methods and procedures to ensure
that-

  "(A) individuals are provided an opportunity, in a clear and conspicuous
manner, to prohibit such uses; and

  "(B) the information will be used, rented, or sold solely for bulk
distribution for surveys, marketing, and solicitations, and that surveys,
marketing, and solicitations will not be directed at those individuals who
have requested in a timely fashion that they not be directed at them.

  "(13) For use by any requester, if the requester demonstrates it has
obtained the written consent of the individual to whom the information
pertains.

  "(14) For any other use specifically authorized under the law of the State
that holds the record, if such use is related to the operation of a motor
vehicle or public safety.

  "(c) RESALE OR REDISCLOSURE.-An authorized recipient of personal
information (except a recipient under subsection (b)(11) or (12)) may resell
or redisclose the information only for a use permitted under
subsection (b) (but not for uses under subsection (b) (11) or (12)). An
authorized recipient under subsection (b)(11) may resell or redisclose
personal information for any purpose. An authorized recipient under
subsection (b)(12) may resell or redisclose personal information pursuant to
subsection (b)(12). Any authorized recipient (except a recipient under
subsection (b) (11)) that resells or rediscloses personal information covered
by this title must keep for a period of 5 years records identifying each
person or entity that receives information and the permitted purpose for
which the information will be used and must make such records available to
the motor vehicle department upon request.

  "(d) WAIVER PROCEDURES.-A State motor vehicle department may establish and
carry out procedures under which the department or its agents, upon receiving
a request for personal information that does not fall within one of the
exceptions in subsection (b), may mail a copy of the request to the
individual about whom the information was requested, informing such
individual of the request, together with a statement to the effect that the
information will not be released unless the individual waives such
individual's right to privacy under this section.
                                                                   [pH8854]

  "2722. Additional unlawful acts

  "(a) PROCUREMENT FOR UNLAWFUL PURPOSE.-It shall be unlawful for any person
knowingly to obtain or disclose personal information, from a motor vehicle
record, for any use not permitted under section 2721(b) of this title.

  "(b) FALSE REPRESENTATION.-It shall be unlawful for any person to make
false representation to obtain any personal information from an individual's
motor vehicle record.
  "2723. Penalties

  "(a) CRIMINAL FINE.-A person who knowingly violates this chapter shall be
fined under this title.

  "(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.-Any State
department of motor vehicles that has a policy or practice of substantial
noncompliance with this chapter shall be subject to a civil penalty imposed
by the Attorney General of not more than $5,000 a day for each day of
substantial noncompliance.
  "2724. Civil action

  "(a) CAUSE OF ACTION.-A person who knowingly obtains, discloses or uses
personal information, from a motor vehicle record, for a purpose not
permitted under this chapter shall be liable to the individual to whom the
information pertains, who may bring a civil action in a United States
district court.

  "(b) REMEDIES.-The court may award-

  "(1) actual damages, but not less than liquidated damages in the amount
of $2,500;

  "(2) punitive damages upon proof of willful or reckless disregard of the
law;

  "(3) reasonable attorneys' fees and other litigation costs reasonably
incurred; and

  "(4) such other preliminary and equitable relief as the court determines
to be appropriate.
  "2725. Definitions

  "In this chapter-

  "(1)`motor vehicle record' means any record that pertains to a motor
vehicle operator's permit, motor vehicle title, motor vehicle registration,
or identification card issued by a department of motor vehicles;

  "(2)`person' means an individual, organization or entity, but does not
include a State or agency thereof; and

  "(3)`personal information' means information that identifies an
individual, including an individual's photograph, social security number,
driver identification number, name, address (but not the 5-digit zip code),
telephone number, and medical or disability information, but does not include
information on vehicular accidents, driving violations, and driver's
status.".

  (b) CLERICAL AMENDMENT.-The table of parts at the beginning of part I of
title 18, United States Code, is amended by adding at the end the following
new item:


"123. Prohibition on
                                                  release and use of
                                                  certain personal
                                                  information from State
                         motor vehicle records     2271"

  SEC. 300003. EFFECTIVE DATE.

  The amendments made by section 300002 shall become effective on the date
that is 3 years after the date of enactment of this Act. After the effective
date, if a State has implemented a procedure under section 2721(b) (11)
and (12) of title 18, United States Code, as added by section 2902, for
prohibiting disclosures or uses of personal information, and the procedure
otherwise meets the requirements of subsection (b) (11) and (12), the State
shall be in compliance with subsection (b) (11) and (12) even if the
procedure is not available to individuals until they renew their license,
title, registration or identification card, so long as the State provides
some other procedure for individuals to contact the State on their own
initiative to prohibit such uses or disclosures. Prior to the effective date,
personal information covered by the amendment made by section 300002 may be
released consistent with State law or practice.

                TITLE XXXI-VIOLENT CRIME REDUCTION TRUST FUND

  SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

  (a) VIOLENT CRIME REDUCTION TRUST FUND.-There is established a separate
account in the Treasury, known as the "Violent Crime Reduction Trust
Fund" (referred to in this section as the "Fund") into which shall be
transferred, in accordance with subsection (b), savings realized from
implementation of section 5 of the Federal Workforce Restructuring Act of
1994 (5 U.S.C. 3101 note; Public Law 103-226).

  (b) TRANSFERS INTO THE FUND.-On the first day of the following fiscal
years (or as soon thereafter as possible for fiscal year 1995), the following
amounts shall be transferred from the general fund to the Fund-

  (1) for fiscal year 1995, $2,423,000,000;

  (2) for fiscal year 1996, $4,287,000,000;

  (3) for fiscal year 1997, $5,000,000,000;

  (4) for fiscal year 1998, $5,500,000,000;

  (5) for fiscal year 1999, $6,500,000,000; and

  (6) for fiscal year 2000, $6,500,000,000.

  (c) APPROPRIATIONS FROM THE FUND.-(1) Amounts in the Fund may be
appropriated exclusively for the purposes authorized in this Act and for
those expenses authorized by any Act enacted before this Act that are
expressly qualified for expenditure from the Fund.

  (2) Amounts appropriated under paragraph (1) and outlays flowing from such
appropriations shall not be taken into account for purposes of any budget
enforcement procedures under the Balanced Budget and Emergency Deficit
Control Act of 1985 except section 251A of that Act as added by
subsection (g), or for purposes of section 605(b) of the Congressional Budget
Act of 1974. Amounts of new budget authority and outlays under paragraph (1)
that are included in concurrent resolutions on the budget shall not be taken
into account for purposes of sections 601(b), 606(b), and 606(c) of the
Congressional Budget Act of 1974, or for purposes of section 24 of
HCONRES218 (One Hundred Third Congress).

  (d) LISTING OF THE FUND AMONG GOVERNMENT TRUST FUNDS.-Section 1321(a) of
title 31, United States Code, is amended by inserting at the end the
following new paragraph:

  "(91) Violent Crime Reduction Trust Fund.".

  (e) REQUIREMENT FOR THE PRESIDENT TO REPORT ANNUALLY ON THE STATUS OF THE
TRUST FUND.-Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraphs:

  "(30) information about the Violent Crime Reduction Trust Fund, including
a separate statement of amounts in that Trust Fund.

  "(31) an analysis displaying, by agency, proposed reductions in full-time
equivalent positions compared to the current year's level in order to comply
with section 5 of the Federal Workforce Restructuring Act of 1994.".

  (f) ALLOCATION AND SUBALLOCATION OF AMOUNTS IN THE FUND.-

  (1) IN GENERAL.-Section 602(a) of the Congressional Budget Act of 1974 is
amended-

  (A) in paragraph (1)(A) by striking "and" at the end of clause (ii), by
striking the semicolon and inserting a comma at the end of clause (iii), and
by adding after clause (iii) the following:

"(iv) new budget authority from the Violent Crime Reduction Trust Fund, and

"(v) outlays from the Violent Crime Reduction Trust Fund;";

  (B) in paragraph (2) by striking "and" at the end of subparagraph (B) and
by adding after subparagraph (C) the following:

  "(D) new budget authority from the Violent Crime Reduction Trust Fund; and

  "(E) outlays from the Violent Crime Reduction Trust Fund;"; and

  (C) by adding at the end the following new paragraph:

  "(4) NO DOUBLE COUNTING.-Amounts allocated among committees under
clause (iv) or (v) of paragraph (1)(A) or under subparagraph (D) or (E) of
paragraph (2) shall not be included within any other allocation under that
paragraph.".

  (2) FISCAL YEAR 1995.-The chairman of the Committee on the Budget shall
submit to the House of Representatives or the Senate, as the case may be,
appropriately revised allocations under clauses (iv) and (v) of
paragraph (1)(A) or subparagraphs (D) and (E) of paragraph (2) of section
602(a) of the Congressional Budget Act of 1974 for fiscal year 1995 to carry
out subsection (b)(1).

  (g) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRATION.-

  (1) SEQUESTRATION.-Part C of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding after section 251 the following new
section:
  "SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST
FUND.

  "(a) SEQUESTRATION.-Within 15 days after Congress adjourns to end a
session, there shall be a sequestration to eliminate any budgetary excess in
the Violent Crime Reduction Trust Fund as described in subsection (b).

  "(b) ELIMINATING A BUDGETARY EXCESS.-

  "(1) IN GENERAL.-Except as provided by paragraph (2), appropriations from
the Violent Crime Reduction Trust Fund shall be reduced by a uniform
percentage necessary to eliminate any amount by which estimated outlays in
the budget year from the Fund exceed the following levels of outlays:

  "(A) For fiscal year 1995, $703,000,000.

  "(B) For fiscal year 1996, $2,334,000,000.

  "(C) For fiscal year 1997, $3,936,000,000.

  "(D) For fiscal year 1998, $4,904,000,000.

  For fiscal year 1999, the comparable level for budgetary purposes shall be
deemed to be $5,639,000,000. For fiscal year 2000, the comparable level for
budgetary purposes shall be deemed to be $6,225,000,000.

  "(2) SPECIAL OUTLAY ALLOWANCE.-If estimated outlays from the Fund for a
fiscal year exceed the level specified in paragraph (1) for that year, that
level shall be increased by the lesser of that excess or 0.5 percent of that
level.

  "(c) LOOK-BACK.-If, after June 30, an appropriation for the fiscal year in
progress is enacted that causes a budgetary excess in the Violent Crime
Reduction Trust Fund as described in subsection (b) for that year (after
taking into account any sequestration of amounts under this section), the
level set forth in subsection (b) for the next fiscal year shall be reduced
by the amount of that excess.

  "(d) WITHIN-SESSION SEQUESTRATION.-If an appropriation for a fiscal year
in progress is enacted (after Congress adjourns to end the session for the
budget year and before July 1 of that fiscal year) that causes a budgetary
excess in the Violent Crime Reduction Trust Fund as described in
subsection (b) for that year (after taking into account any prior
sequestration of amounts under this section), 15 days later there shall be a
sequestration to eliminate that excess following the procedures set forth in
subsection (b).

  "(e) PART-YEAR APPROPRIATIONS AND OMB ESTIMATES.-Paragraphs (4) and (7) of
section 251(a) shall apply to appropriations from, and sequestration of
amounts appropriated from, the Violent Crime Reduction Trust Fund under this
section in the same manner as those paragraphs apply to discretionary
appropriations and sequestrations under that section.".

  (2) REPORTS.-Section 254(g) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively, and by inserting after paragraph (3)
the following new paragraph:

  "(4) REPORTS ON SEQUESTRATION TO REDUCE THE VIOLENT CRIME REDUCTION TRUST
FUND.-The final reports shall set forth for the budget year estimates for
each of the following:

  "(A) The amount of budget authority appropriated from the Violent Crime
Reduction Trust Fund and outlays resulting from those appropriations.

  "(B) The sequestration percentage and reductions, if any, required under
section 251A.".
                                                                   [pH8855]

  SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.

  Upon enactment of this Act, the discretionary spending limits set forth in
section 601(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
665(a)(2)) (as adjusted in conformance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985, and in the Senate, with
section 24 of HCONRES218 (103d Congress)) for fiscal years 1995 through 1998
are reduced as follows:

  (1) for fiscal year 1995, for the discretionary category: $2,423,000,000
in new budget authority and $703,000,000 in outlays;

  (2) for fiscal year 1996, for the discretionary category: $4,287,000,000
in new budget authority and $2,334,000,000 in outlays;

  (3) for fiscal year 1997, for the discretionary category: $5,000,000,000
in new budget authority and $3,936,000,000 in outlays; and

  (4) for fiscal year 1998, for the discretionary category: $5,500,000,000
in new budget authority and $4,904,000,000 in outlays.

  For fiscal year 1999, the comparable amount for budgetary purposes shall
be deemed to be $6,500,000,000 in new budget authority and $5,639,000,000 in
outlays. For fiscal year 2000, the comparable amount for budgetary purposes
shall be deemed to be $6,500,000,000 in new budget authority
and $6,225,000,000 in outlays.
  SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL
YEARS FOR WHICH THE FULL AMOUNT AUTHORIZED IS NOT APPROPRIATED.

  If, in making an appropriation under any provision of this Act or
amendment made by this Act that authorizes the making of an appropriation for
a certain purpose for a certain fiscal year in a certain amount, the Congress
makes an appropriation for that purpose for that fiscal year in a lesser
amount, that provision or amendment shall be considered to authorize the
making of appropriations for that purpose for later fiscal years in an amount
equal to the difference between the amount authorized to be appropriated and
the amount that has been appropriated.
  SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

  (a) FEDERAL LAW ENFORCEMENT.-In the making of appropriations under any
provision of this Act or amendment made by this Act that authorizes the
making of an appropriation for a Federal law enforcement program for a
certain fiscal year in a certain amount out of the Violent Crime Reduction
Trust Fund, not to exceed 10 percent of that amount is authorized to be
appropriated for that fiscal year for any other Federal law enforcement
program for which appropriations are authorized by any other Federal law
enforcement provision of this Act or amendment made by this Act. The
aggregate reduction in the authorization for any particular Federal law
enforcement program may not exceed 10 percent of the total amount authorized
to be appropriated from the Violent Crime Reduction Trust Fund for that
program in this Act or amendment made by this Act.

  (b) STATE AND LOCAL LAW ENFORCEMENT.-In the making of appropriations under
any provision of this Act or amendment made by this Act that authorizes the
making of an appropriation for a State and local law enforcement program for
a certain fiscal year in a certain amount out of the Violent Crime Reduction
Trust Fund, not to exceed 10 percent of that amount is authorized to be
appropriated for that fiscal year for any other State and local law
enforcement program for which appropriations are authorized by any other
State and local law enforcement provision of this Act or amendment made by
this Act. The aggregate reduction in the authorization for any particular
State and local law enforcement program may not exceed 10 percent of the
total amount authorized to be appropriated from the Violent Crime Reduction
Trust Fund for that program in this Act or amendment made by this Act.

  (c) PREVENTION.-In the making of appropriations under any provision of
this Act or amendment made by this Act that authorizes the making of an
appropriation for a prevention program for a certain fiscal year in a certain
amount out of the Violent Crime Reduction Trust Fund, not to exceed 10
percent of that amount is authorized to be appropriated for that fiscal year
for any other prevention program for which appropriations are authorized by
any other prevention provision of this Act or amendment made by this Act. The
aggregate reduction in the authorization for any particular prevention
program may not exceed 10 percent of the total amount authorized to be
appropriated from the Violent Crime Reduction Trust Fund for that program in
this Act or amendment made by this Act.

  (d) DEFINITIONS.-In this section-"Federal law enforcement program" means a
program authorized in any of the following sections:

  (1) section 190001(a);

  (2) section 190001(b);

  (3) section 190001(c);

  (4) section 190001(d);

  (5) section 190001(e);

  (6) section 320925;

  (7) section 150008;

  (8) section 220002;

  (9) section 130002;

  (10) section 130005;

  (11) section 130006;

  (12) section 130007;

  (13) section 250005;

  (14) sections 210303-210306;

  (15) section 180104; and

  (16) section 270009.

  "State and local law enforcement program" means a program authorized in
any of the following sections:

  (1) sections 10001-10003;

  (2) section 210201;

  (3) section 210603;

  (4) section 180101;

  (5) section 180103;

  (6) sections 31701-31708;

  (7) section 210602;

  (8) sections 30801-30802;

  (9) section 210302;

  (10) section 210501;

  (11) section 210101;

  (12) section 320930;

  (13) sections 20101-20109;

  (14) section 20301;

  (15) section 32201; and

  (16) section 20201.

  "prevention program" means a program authorized in any of the following
sections:

  (1) section 50001;

  (2) sections 30101-30104;

  (3) sections 30201-30208;

  (4) sections 30301-30307;

  (5) sections 30401-30403;

  (6) sections 30701-30702;

  (7) sections 31001-31002;

  (8) sections 31101-31133;

  (9) sections 31501-31505;

  (10) sections 31901-31922;

  (11) section 32001;

  (12) section 32101;

  (13) section 32401;

  (14) section 40114;

  (15) section 40121;

  (16) section 40151;

  (17) section 40152;

  (18) section 40155;

  (19) section 40156;

  (20) section 40211;

  (21) section 40231;

  (22) section 40241;

  (23) section 40251;

  (24) section 40261;

  (25) section 40292;

  (26) section 40293;

  (27) section 40295;

  (28) sections 40411-40414;

  (29) sections 40421-40422;

  (30) section 40506;

  (31) sections 40601-40611; and

  (32) section 24001.

                          TITLE XXXII-MISCELLANEOUS


                      Subtitle A-Increases in Penalties

  SEC. 320101. INCREASED PENALTIES FOR ASSAULT.

  (a) CERTAIN OFFICERS AND EMPLOYEES.-Section 111 of title 18, United States
Code, is amended-

  (1) in subsection (a) by inserting ", where the acts in violation of this
section constitute only simple assault, be fined under this title or
imprisoned not more than one year, or both, and in all other cases,"
after "shall"; and

  (2) in subsection (b) by inserting "or inflicts bodily injury"
after "weapon".

  (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATIONALLY PROTECTED
PERSONS.-Section 112(a) of title 18, United States Code, is amended-

  (1) by striking "not more than $5,000" and inserting "under this title";

  (2) by inserting ", or inflicts bodily injury," after "weapon"; and

  (3) by striking "not more than $10,000" and inserting "under this title".

  (c) MARITIME AND TERRITORIAL JURISDICTION.-Section 113 of title 18, United
States Code, is amended-

  (1) in subsection (c)-

  (A) by striking "of not more than $1,000" and inserting "under this
title"; and

  (B) by striking "five" and inserting "ten"; and

  (2) in subsection (e)-

  (A) by striking "of not more than $300" and inserting "under this title";
and

  (B) by striking "three" and inserting "six".

  (d) CONGRESS, CABINET, OR SUPREME COURT.-Section 351(e) of title 18,
United States Code, is amended-

  (1) by striking "not more than $5,000," and inserting "under this title,";

  (2) by inserting "the assault involved in the use of a dangerous weapon,
or" after "if";

  (3) by striking "not more than $10,000" and inserting "under this title";
and

  (4) by striking "for".

  (e) PRESIDENT AND PRESIDENT'S STAFF.-Section 1751(e) of title 18, United
States Code, is amended-

  (1) by striking "not more than $10,000," both places it appears and
inserting "under this title,";

  (2) by striking "not more than $5,000," and inserting "under this title,";
and

  (3) by inserting "the assault involved the use of a dangerous weapon, or"
after "if".
                                                                   [pH8856]

  SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.

  Section 1112 of title 18, United States Code, is amended-

  (1) in subsection (b)-

  (A) by inserting "fined under this title or" after "shall be" in the first
undesignated paragraph; and

  (B) by inserting ", or both" after "years";

  (2) by striking "not more than $1,000" and inserting "under this title";
and

  (3) by striking "three" and inserting "six".
  SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

  (a) CONSPIRACY AGAINST RIGHTS.-Section 241 of title 18, United States
Code, is amended-

  (1) by striking "not more than $10,000" and inserting "under this title";

  (2) by inserting "from the acts committed in violation of this section or
if such acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill"
after "results";

  (3) by striking "subject to imprisonment" and inserting "fined under this
title or imprisoned"; and

  (4) by inserting ", or both" after "life".

  (b) DEPRIVATION OF RIGHTS.-Section 242 of title 18, United States Code, is
amended-

  (1) by striking "not more than $1,000" and inserting "under this title";

  (2) by inserting "from the acts committed in violation of this section or
if such acts include the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire," after "bodily injury results";

  (3) by inserting "from the acts committed in violation of this section or
if such acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse, or an attempt to commit aggravated sexual abuse, or an attempt to
kill, shall be fined under this title, or" after "death results";

  (4) by striking "shall be subject to imprisonment" and
inserting "imprisoned"; and

  (5) by inserting ", or both" after "life".

  (c) FEDERALLY PROTECTED ACTIVITIES.-Section 245(b) of title 18, United
States Code, is amended in the matter following paragraph (5)-

  (1) by striking "not more than $1,000" and inserting "under this title";

  (2) by inserting "from the acts committed in violation of this section or
if such acts include the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire" after "bodily injury results;

  (3) by striking "not more than $10,000" and inserting "under this title";

  (4) by inserting "from the acts committed in violation of this section or
if such acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated sexual abuse, or an attempt to
kill," after "death results";

  (5) by striking "subject to imprisonment" and inserting "fined under this
title or imprisoned"; and

  (6) by inserting ", or both" after "life".

  (d) DAMAGE TO RELIGIOUS PROPERTY.-Section 247 of title 18, United States
Code, is amended-

  (1) in subsection (c)(1) by inserting "from acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or
an attempt to kill" after "death results";

  (2) in subsection (c)(2)-

  (A) by striking "serious"; and

  (B) by inserting "from the acts committed in violation of this section or
if such acts include the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire" after "bodily injury results"; and

  (3) by amending subsection (e) to read as follows:

  "(e) As used in this section, the term `religious property' means any
church, synagogue, mosque, religious cemetery, or other religious property.".


  (e) FAIR HOUSING ACT.-Section 901 of the Fair Housing Act (42 U.S.C. 3631)
is amended-

  (1) in the caption by striking "bodily injury; death;";

  (2) by striking "not more than $1,000," and inserting "under this title";

  (3) by inserting "from the acts committed in violation of this section or
if such acts include the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire" after "bodily injury results";

  (4) by striking "not more than $10,000," and inserting "under this title";


  (5) by inserting "from the acts committed in violation of this section or
if such acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated sexual abuse, or an attempt to
kill," after "death results";

  (6) by striking "subject to imprisonment" and inserting "fined under this
title or imprisoned"; and

  (7) by inserting ", or both" after "life".
  SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES.

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

  (1) in the first sentence-

  (A) by striking "$250,000 or imprisoned not more than five years" and
inserting "$2,000,000 or imprisoned not more than 10 years"; and

  (B) by striking "$1,000,000" and inserting "$5,000,000"; and

  (2) in the second sentence-

  (A) by striking "$1,000,000 or imprisoned not more than fifteen years" and
inserting "$5,000,000 or imprisoned not more than 20 years"; and

  (B) by striking "$5,000,000" and inserting "$15,000,000".

  (b) LAUNDERING MONETARY INSTRUMENTS.-Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking "or section 2319 (relating to
copyright infringement)," and inserting "section 2319 (relating to copyright
infringement), or section 2320 (relating to trafficking in counterfeit goods
and services),".
  SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.

  Section 1958(a) of title 18, United States Code, is amended by
inserting "or who conspires to do so" before "shall be fined" the first place
it appears.
  SEC. 320106. INCREASED PENALTIES FOR ARSON.

  Section 844 of title 18, United States Code, is amended-

  (1) in subsection (f)-

  (A) by striking "not more than ten years, or fined not more than $10,000"
and inserting "not more than 20 years, fined the greater of the fine under
this title or the cost of repairing or replacing any property that is damaged
or destroyed,"; and

  (B) by striking "not more than twenty years, or fined not more
than $10,000" and inserting "not more than 40 years, fined the greater of the
fine under this title or the cost of repairing or replacing any property that
is damaged or destroyed,";

  (2) in subsection (h)-

  (A) in the first sentence by striking "five years" and inserting "5 years
but not more than 15 years"; and

  (B) in the second sentence by striking "ten years" and inserting "10 years
but not more than 25 years"; and

  (3) in subsection (i)-

  (A) by striking "not more than ten years or fined not more than $10,000"
and inserting "not more than 20 years, fined the greater of the fine under
this title or the cost of repairing or replacing any property that is damaged
or destroyed,"; and

  (B) by striking "not more than twenty years or fined not more
than $20,000" and inserting "not more than 40 years, fined the greater of the
fine under this title or the cost of repairing or replacing any property that
is damaged or destroyed,".
  SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.

  Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended-

  (1) in subsection (a) by striking "playground, or within" and
inserting "playground, or housing facility owned by a public housing
authority, or within"; and

  (2) in subsection (b) by striking "playground, or within" and
inserting "playground, or housing facility owned by a public housing
authority, or within".
  SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO THE
INTRODUCTION OF NONINDIGENOUS SPECIES.

  (a) TASK FORCE.-

  (1) IN GENERAL.-The Attorney General is authorized to convene a law
enforcement task force in Hawaii to facilitate the prosecution of violations
of Federal laws, and laws of the State of Hawaii, relating to the wrongful
conveyance, sale, or introduction of nonindigenous plant and animal species.

  (2) MEMBERSHIP.-(A) The task force shall be composed of representatives
of-

  (i) the Office of the United States Attorney for the District of Hawaii;

  (ii) the United States Customs Service;

  (iii) the Animal and Plant Health Inspection Service;

  (iv) the Fish and Wildlife Service;

  (v) the National Park Service;

  (vi) the United States Forest Service;

  (vii) the Military Customs Inspection Office of the Department of Defense;

  (viii) the United States Postal Service;

  (ix) the office of the Attorney General of the State of Hawaii;

  (x) the Hawaii Department of Agriculture;

  (xi) the Hawaii Department of Land and Natural Resources; and

  (xii) such other individuals as the Attorney General deems appropriate.

  (B) The Attorney General shall, to the extent practicable, select
individuals to serve on the task force who have experience with the
enforcement of laws relating to the wrongful conveyance, sale, or
introduction of nonindigenous plant and animal species.

  (3) DUTIES.-The task force shall-

  (A) facilitate the prosecution of violations of Federal and State laws
relating to the conveyance, sale, or introduction of nonindigenous plant and
animal species into Hawaii; and

  (B) make recommendations on ways to strengthen Federal and State laws and
law enforcement strategies designed to prevent the introduction of
nonindigenous plant and animal species.

  (4) REPORT.-The task force shall report to the Attorney General, the
Secretary of Agriculture, the Secretary of the Interior, and to the Committee
on the Judiciary and Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on the Judiciary, Committee on Agriculture, and
Committee on Merchant Marine and Fisheries of the House of Representatives
on-

  (A) the progress of its enforcement efforts; and

  (B) the adequacy of existing Federal laws and laws of the State of Hawaii
that relate to the introduction of nonindigenous plant and animal species.

  Thereafter, the task force shall make such reports as the task force deems
appropriate.

  (5) CONSULTATION.-The task force shall consult with Hawaii agricultural
interests and representatives of Hawaii conservation organizations about
methods of preventing the wrongful conveyance, sale, or introduction of
nonindigenous plant and animal species into Hawaii.

  (b) CRIMINAL PENALTY.-

  (1) IN GENERAL.-Chapter 83 of title 18, United States Code, is amended by
inserting after section 1716C the following new section:
                                                                   [pH8857]

  "1716D. Nonmailable injurious animals, plant pests, plants, and illegally
taken fish, wildlife, and plants

  "A person who knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon, or at any
place at which it is directed to be delivered by the person to whom it is
addressed, anything that section 3015 of title 39 declares to be nonmailable
matter shall be fined under this title, imprisoned not more than 1 year, or
both.".

  (2) TECHNICAL AMENDMENT.-The chapter analysis for chapter 83 of title 18,
United States Code, is amended by inserting after the item relating to
section 1716C the following new item:



"1716D. Nonmailable injurious animals, plant pests, plants, and illegally
taken fish, wildlife, and plants.".

  SEC. 320109. MILITARY MEDALS AND DECORATIONS.

  Section 704 of title 18, United States Code, is amended-

  (1) by striking "Whoever" and inserting (a) IN GENERAL.-Whoever";

  (2) by striking "not more than $250" and inserting "under this title"; and

  (3) by adding at the end the following new subsection:

  "(b) CONGRESSIONAL MEDAL OF HONOR.-

  "(1) IN GENERAL.-If a decoration or medal involved in an offense under
subsection (a) is a Congressional Medal of Honor, in lieu of the punishment
provided in that subsection, the offender shall be fined under this title,
imprisoned not more than 1 year, or both.

  "(2) DEFINITIONS.-(A) As used in subsection (a) with respect to a
Congressional Medal of Honor, `sells' includes trades, barters, or exchanges
for anything of value.

  "(B) As used in this subsection, `Congressional Medal of Honor' means a
medal awarded under section 3741 of title 10.".

         Subtitle B-Extension of Protection of Civil Rights Statutes

  SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

  (a) CONSPIRACY AGAINST RIGHTS.-Section 241 of title 18, United States
Code, is amended by striking "inhabitant of" and inserting "person in".

  (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-Section 242 of title 18,
United States Code, is amended-

  (1) by striking "inhabitant of" and inserting "person in"; and

  (2) by striking "such inhabitant" and inserting "such person".

                         Subtitle C-Audit and Report

  SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT
AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.

  (a) STATE REQUIREMENT.-Section 524(c)(7) of title 28, United States Code,
is amended to read as follows:

  "(7)(A) The Fund shall be subject to annual audit by the Comptroller
General.

  "(B) The Attorney General shall require that any State or local law
enforcement agency receiving funds conduct an annual audit detailing the uses
and expenses to which the funds were dedicated and the amount used for each
use or expense and report the results of the audit to the Attorney General.".

  (b) INCLUSION IN ATTORNEY GENERAL'S REPORT.-Section 524(c)(6)(C) of title
28, United States Code, is amended by adding at the end the following flush
sentence: "The report should also contain all annual audit reports from State
and local law enforcement agencies required to be reported to the Attorney
General under subparagraph (B) of paragraph (7).".
  SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING
EXPENSES.

  Section 524(c)(6) of title 28, United States Code, is amended-

  (1) by striking "and" at the end of subparagraph (B);

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

  (3) by adding at the end the following new subparagraph:

  "(D) a report for such fiscal year containing a description of the
administrative and contracting expenses paid from the Fund under
paragraph (1)(A).".

                           Subtitle D-Coordination

  SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION
PROGRAMS.

  The Attorney General shall consult with the Secretary of the Department of
Health and Human Services in establishing and carrying out the substance
abuse treatment and prevention components of the programs authorized under
this Act, to assure coordination of programs, eliminate duplication of
efforts and enhance the effectiveness of such services.

                             Subtitle E-Gambling

  SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST
GAMBLING ON SHIPS IN INTERNATIONAL WATERS.

  The paragraph of section 1081 of title 18, United States Code, defining
the term "gambling ship" is amended by adding at the end the following: "Such
term does not include a vessel with respect to gambling aboard such vessel
beyond the territorial waters of the United States during a covered
voyage (as defined in section 4472 of the Internal Revenue Code of 1986 as in
effect on January 1, 1994).".

                   Subtitle F-White Collar Crime Amendments

  SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.

  (a) PROCEEDS OF EXTORTION.-Chapter 41 of title 18, United States Code, is
amended-

  (1) by adding at the end the following new section:
  "880. Receiving the proceeds of extortion

  "A person who receives, possesses, conceals, or disposes of any money or
other property which was obtained from the commission of any offense under
this chapter that is punishable by imprisonment for more than 1 year, knowing
the same to have been unlawfully obtained, shall be imprisoned not more than
3 years, fined under this title, or both."; and

  (2) in the table of sections, by adding at the end the following new item:



"880. Receiving the proceeds of extortion.".


  (b) RANSOM MONEY.-Section 1202 of title 18, United States Code, is
amended-

  (1) by designating the existing matter as subsection "(a)"; and

  (2) by adding the following new subsections:

  "(b) A person who transports, transmits, or transfers in interstate or
foreign commerce any proceeds of a kidnapping punishable under State law by
imprisonment for more than 1 year, or receives, possesses, conceals, or
disposes of any such proceeds after they have crossed a State or United
States boundary, knowing the proceeds to have been unlawfully obtained, shall
be imprisoned not more than 10 years, fined under this title, or both.

  "(c) For purposes of this section, the term `State' has the meaning set
forth in section 245(d) of this title.".
  SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

  Section 2114 of title 18, United States Code, is amended-

  (1) by striking "whoever" and inserting:

  "(a) ASSAULT.-A person who"; and

  (2) by adding at the end the following new subsection:

  "(b) RECEIPT, POSSESSION, CONCEALMENT, OR DISPOSAL OF PROPERTY.-A person
who receives, possesses, conceals, or disposes of any money or other property
that has been obtained in violation of this section, knowing the same to have
been unlawfully obtained, shall be imprisoned not more than 10 years, fined
under this title, or both.".
  SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF
INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.

  (a) IN GENERAL.-Chapter 47 of title 18, United States Code, is amended by
adding at the end the following new sections:
  "1033. Crimes by or affecting persons engaged in the business of insurance
whose activities affect interstate commerce

  "(a)(1) Whoever is engaged in the business of insurance whose activities
affect interstate commerce and knowingly, with the intent to deceive, makes
any false material statement or report or willfully and materially overvalues
any land, property or security-

  "(A) in connection with any financial reports or documents presented to
any insurance regulatory official or agency or an agent or examiner appointed
by such official or agency to examine the affairs of such person, and

  "(B) for the purpose of influencing the actions of such official or agency
or such an appointed agent or examiner,

  shall be punished as provided in paragraph (2).

  "(2) The punishment for an offense under paragraph (1) is a fine as
established under this title or imprisonment for not more than 10 years, or
both, except that the term of imprisonment shall be not more than 15 years if
the statement or report or overvaluing of land, property, or security
jeopardized the safety and soundness of an insurer and was a significant
cause of such insurer being placed in conservation, rehabilitation, or
liquidation by an appropriate court.

  "(b)(1) Whoever-

  "(A) acting as, or being an officer, director, agent, or employee of, any
person engaged in the business of insurance whose activities affect
interstate commerce, or

  "(B) is engaged in the business of insurance whose activities affect
interstate commerce or is involved (other than as an insured or beneficiary
under a policy of insurance) in a transaction relating to the conduct of
affairs of such a business,

  willfully embezzles, abstracts, purloins, or misappropriates any of the
moneys, funds, premiums, credits, or other property of such person so engaged
shall be punished as provided in paragraph (2).

  "(2) The punishment for an offense under paragraph (1) is a fine as
provided under this title or imprisonment for not more than 10 years, or
both, except that if such embezzlement, abstraction, purloining, or
misappropriation described in paragraph (1) jeopardized the safety and
soundness of an insurer and was a significant cause of such insurer being
placed in conservation, rehabilitation, or liquidation by an appropriate
court, such imprisonment shall be not more than 15 years. If the amount or
value so embezzled, abstracted, purloined, or misappropriated does not
exceed $5,000, whoever violates paragraph (1) shall be fined as provided in
this title or imprisoned not more than one year, or both.

  "(c)(1) Whoever is engaged in the business of insurance and whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction relating
to the conduct of affairs of such a business, knowingly makes any false entry
of material fact in any book, report, or statement of such person engaged in
the business of insurance with intent to deceive any person, including any
officer, employee, or agent of such person engaged in the business of
insurance, any insurance regulatory official or agency, or any agent or
examiner appointed by such official or agency to examine the affairs of such
person, about the financial condition or solvency of such business shall be
punished as provided in paragraph (2).

  "(2) The punishment for an offense under paragraph (1) is a fine as
provided under this title or imprisonment for not more than 10 years, or
both, except that if the false entry in any book, report, or statement of
such person jeopardized the safety and soundness of an insurer and was a
significant cause of such insurer being placed in conservation,
rehabilitation, or liquidation by an appropriate court, such imprisonment
shall be not more than 15 years.

  "(d) Whoever, by threats or force or by any threatening letter or
communication, corruptly influences, obstructs, or impedes or endeavors
corruptly to influence, obstruct, or impede the due and proper administration
of the law under which any proceeding involving the business of insurance
whose activities affect interstate commerce is pending before any insurance
regulatory official or agency or any agent or examiner appointed by such
official or agency to examine the affairs of a person engaged in the business
of insurance whose activities affect interstate commerce, shall be fined as
provided in this title or imprisoned not more than 10 years, or both.

  "(e)(1)(A) Any individual who has been convicted of any criminal felony
involving dishonesty or a breach of trust, or who has been convicted of an
offense under this section, and who willfully engages in the business of
insurance whose activities affect interstate commerce or participates in such
business, shall be fined as provided in this title or imprisoned not more
than 5 years, or both.

  "(B) Any individual who is engaged in the business of insurance whose
activities affect interstate commerce and who willfully permits the
participation described in subparagraph (A) shall be fined as provided in
this title or imprisoned not more than 5 years, or both.

  "(2) A person described in paragraph (1)(A) may engage in the business of
insurance or participate in such business if such person has the written
consent of any insurance regulatory official authorized to regulate the
insurer, which consent specifically refers to this subsection.

  "(f) As used in this section-

  "(1) the term `business of insurance' means-

  "(A) the writing of insurance, or

  "(B) the reinsuring of risks,

  by an insurer, including all acts necessary or incidental to such writing
or reinsuring and the activities of persons who act as, or are, officers,
directors, agents, or employees of insurers or who are other persons
authorized to act on behalf of such persons;

  "(2) the term `insurer' means any entity the business activity of which is
the writing of insurance or the reinsuring of risks, and includes any person
who acts as, or is, an officer, director, agent, or employee of that
business;

  "(3) the term `interstate commerce' means-

  "(A) commerce within the District of Columbia, or any territory or
possession of the United States;

  "(B) all commerce between any point in the State, territory, possession,
or the District of Columbia and any point outside thereof;

  "(C) all commerce between points within the same State through any place
outside such State; or

  "(D) all other commerce over which the United States has jurisdiction; and

  "(4) the term `State' includes any State, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, American Samoa, and the Trust Territory of the Pacific Islands.
                                                                   [pH8858]

  "1034. Civil penalties and injunctions for violations of section 1033

  "(a) The Attorney General may bring a civil action in the appropriate
United States district court against any person who engages in conduct
constituting an offense under section 1033 and, upon proof of such conduct by
a preponderance of the evidence, such person shall be subject to a civil
penalty of not more than $50,000 for each violation or the amount of
compensation which the person received or offered for the prohibited conduct,
whichever amount is greater. If the offense has contributed to the decision
of a court of appropriate jurisdiction to issue an order directing the
conservation, rehabilitation, or liquidation of an insurer, such penalty
shall be remitted to the appropriate regulatory official for the benefit of
the policyholders, claimants, and creditors of such insurer. The imposition
of a civil penalty under this subsection does not preclude any other criminal
or civil statutory, common law, or administrative remedy, which is available
by law to the United States or any other person.

  "(b) If the Attorney General has reason to believe that a person is
engaged in conduct constituting an offense under section 1033, the Attorney
General may petition an appropriate United States district court for an order
prohibiting that person from engaging in such conduct. The court may issue an
order prohibiting that person from engaging in such conduct if the court
finds that the conduct constitutes such an offense. The filing of a petition
under this section does not preclude any other remedy which is available by
law to the United States or any other person.".

  (b) CLERICAL AMENDMENT.-The table of sections for chapter 47 of such title
is amended by adding at the end the following new items:



"1033. Crimes by or affecting persons engaged in the business of insurance
whose activities affect interstate commerce.
"1034. Civil penalties and injunctions for violations of section 1033.".

  SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.

  (a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS.-Section 1515(a)(1) of
title 18, United States Code, is amended-

  (1) by striking "or" at the end of subparagraph (B);

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

  (3) by adding at the end thereof the following new subparagraph:

  "(D) a proceeding involving the business of insurance whose activities
affect interstate commerce before any insurance regulatory official or agency
or any agent or examiner appointed by such official or agency to examine the
affairs of any person engaged in the business of insurance whose activities
affect interstate commerce; or".

  (b) LIMITATIONS.-Section 3293 of such title is amended by
inserting "1033," after "1014,".

  (c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.-Section 1510 of title 18,
United States Code, is amended by adding at the end the following new
subsection:

  "(d)(1) Whoever-

  "(A) acting as, or being, an officer, director, agent or employee of a
person engaged in the business of insurance whose activities affect
interstate commerce, or

  "(B) is engaged in the business of insurance whose activities affect
interstate commerce or is involved (other than as an insured or beneficiary
under a policy of insurance) in a transaction relating to the conduct of
affairs of such a business,

  with intent to obstruct a judicial proceeding, directly or indirectly
notifies any other person about the existence or contents of a subpoena for
records of that person engaged in such business or information that has been
furnished to a Federal grand jury in response to that subpoena, shall be
fined as provided by this title or imprisoned not more than 5 years, or both.

  "(2) As used in paragraph (1), the term `subpoena for records' means a
Federal grand jury subpoena for records that has been served relating to a
violation of, or a conspiracy to violate, section 1033 of this title.".
  SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

  Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is
amended in paragraph (2)(A)(i)(I)-

  (1) by striking "or 1956"; and

  (2) by inserting "1517, 1956, or 1957".
  SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.

  Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is
amended to read as follows:

  "(d) PROHIBITION.-

  "(1) IN GENERAL.-Except with prior written consent of the Board-

  "(A) any person who has been convicted of any criminal offense involving
dishonesty or a breach of trust, or has agreed to enter into a pretrial
diversion or similar program in connection with a prosecution for such
offense, may not-

"(i) become, or continue as, an institution-affiliated party with respect to
any insured credit union; or

"(ii) otherwise participate, directly or indirectly, in the conduct of the
affairs of any insured credit union; and

  "(B) any insured credit union may not permit any person referred to in
subparagraph (A) to engage in any conduct or continue any relationship
prohibited under such subparagraph.

  "(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN OFFENSES.-

  "(A) IN GENERAL.-If the offense referred to in paragraph (1)(A) in
connection with any person referred to in such paragraph is-

"(i) an offense under-

"(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1344, 1517,
1956, or 1957 of title 18, United States Code; or

"(II) section 1341 or 1343 of such title which affects any financial
institution (as defined in section 20 of such title); or

"(ii) the offense of conspiring to commit any such offense,

  the Board may not consent to any exception to the application of
paragraph (1) to such person during the 10-year period beginning on the date
the conviction or the agreement of the person becomes final.

  "(B) EXCEPTION BY ORDER OF SENTENCING COURT.-

"(i) IN GENERAL.-On motion of the Board, the court in which the conviction
or the agreement of a person referred to in subparagraph (A) has been entered
may grant an exception to the application of paragraph (1) to such person if
granting the exception is in the interest of justice.

"(ii) PERIOD FOR FILING.-A motion may be filed under clause (i) at any time
during the 10-year period described in subparagraph (A) with regard to the
person on whose behalf such motion is made.

  "(3) PENALTY.-Whoever knowingly violates paragraph (1) or (2) shall be
fined not more than $1,000,000 for each day such prohibition is violated or
imprisoned for not more than 5 years, or both.".
                                                                   [pH8859]

  SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS
REWARDS STATUTE.

  Section 3059A of title 18, United States Code, is amended-

  (1) by inserting "225," after "215";

  (2) by striking "or" before "1344"; and

  (3) by inserting ", or 1517" after "1344".
  SEC. 320608. DEFINITION OF SAVINGS AND LOAN ASSOCIATION" FOR PURPOSES OF
THE OFFENSE OF BANK ROBBERY AND RELATED OFFENSES.

  Section 2113 of title 18, United States Code, is amended by adding at the
end the following new subsection:

  "(h) As used in this section, the term `savings and loan association'
means-

  "(1) a Federal savings association or State savings association (as
defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C.
1813(b))) having accounts insured by the Federal Deposit Insurance
Corporation; and

  "(2) a corporation described in section 3(b)(1)(C) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of
the United States.".
  SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE OFFENSE OF
OBSTRUCTION OF A FEDERAL AUDIT.

  Section 1516(b) of title 18, United States Code, is amended-

  (1) by striking "section the term" and inserting "section-

  "(1) the term";

  (2) by striking the period at the end and inserting a semicolon; and

  (3) by adding at the end the following new paragraph:

  "(2) the term `in any 1 year period' has the meaning given to the term `in
any one-year period' in section 666.".

                  Subtitle G-Safer Streets and Neighborhoods

  SEC. 320701. SHORT TITLE.

  This subtitle may be cited as the "Safer Streets and Neighborhoods Act of
1994".
  SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.

  (a) AMENDMENT.-Section 510(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by
inserting "non-Federal" after "with".

  (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect
on October 1, 1994.

                Subtitle H-Recreational Hunting Safety

SEC. 320801. SHORT TITLE.
      This subtitle may be cited as the "Recreational Hunting Safety and Preservation Act of 1994".

SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.
      It is a violation of this section intentionally to engage in any physical conduct that significantly hinders a lawful hunt.

SEC. 320803. CIVIL PENALTIES.
      (a) IN GENERAL.-A person who violates section 320802 shall be assessed a civil penalty in an amount computed under
subsection (b).
      (b) COMPUTATION OF PENALTY.-The penalty shall be-
           (1) not more than $10,000, if the violation involved the use of force or violence, or thethreatene
                                                                 d use of
                                                                 force or
                                                                 violence,
                                                                 against
                                                                 the
                                                                 person or
                                                                 property
                                                                 of
                                                                 another
                                                                 person;
                                                                 and
           (2) not more than $5,000 for any other violation.
      (c) RELATIONSHIP TO OTHER PENALTIES.-The penalties established by this section shall be in addition to other
criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 320802.
      (d) PROCEDURE.-Upon receipt of-
           (1) a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land
Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated
section 320802; or
           (2) a sworn affidavit from an individual and a determination by the Secretary that the statement contains
sufficient factual allegations to create a reasonable belief that a violation of section 320802 has occurred; the Secretary may
request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty
under this section.
      (e) USE OF PENALTY MONEY COLLECTED.-After deduction of costs attributable to collection, money collected
from penalties shall be-
           (1) deposited into the trust fund established pursuant to the Act entitled "An Act to provide that the United
States shall aid the States in wildlife-restoration projects, and for other purposes", approved September 2, 1937 (16 U.S.C. 669)
(commonly known as the "Pitman-Robertson Wildlife Restoration Act"), to support the activities authorized by such Act and
undertaken by State wildlife management agencies; or
           (2) used in such other manner as the Secretary determines will enhance the funding and implementation of-
                 (A) the North American Waterfowl Management Plan signed by the Secretary of the Interior and
the Minister of Environment for Canada in May 1986; or
                 (B) a similar program that the Secretary determines will enhance wildlife management-
                      (i) on Federal lands; or
                      (ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife
management objectives on Federal lands.

SEC. 320804. OTHER RELIEF.
      Injunctive relief against a violation of section 320802 may be sought by-
           (1) the head of a State agency with jurisdiction over fish or wildlife management;
           (2) the Attorney General of the United States; or
           (3) any person who is or would be adversely affected by the violation.

SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.
      This subtitle does not preempt a State law or local ordinance that provides for civil or criminal penalties for conduct
that violates this subtitle.

SEC. 320806. REGULATIONS.
      The Secretary may issue such regulations as are necessary to carry out this subtitle.

SEC. 320807. RULE OF CONSTRUCTION.
      Nothing in this subtitle shall be construed to impair a right guaranteed to a person under the first article of amendment
to the Constitution or limit any legal remedy for forceful interference with a person's lawful participation in speech or peaceful
assembly.

SEC. 320808. DEFINITIONS.
      As used in this subtitle:
           (1) FEDERAL LANDS.-The term "Federal lands" means-
                 (A) national forests;
                 (B) public lands;
                 (C) national parks; and
                 (D) wildlife refuges.
           (2) LAWFUL HUNT.-The term "lawful hunt" means the taking or harvesting (or attempted taking or
harvesting) of wildlife or fish, on Federal lands, which-
                 (A) is lawful under the laws applicable in the place it occurs; and
                 (B) does not infringe upon a right of an owner of private property.
           (3) NATIONAL FOREST.-The term "national forest" means lands included in the National Forest System
(as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
           (4) NATIONAL PARK.-The term "national park" means lands and waters included in the National Park
System (as defined in section 2(a) of the Act entitled "An Act to facilitate the management of the National Park System and
miscellaneous areas administered in connection with that system, and for other purposes", approved August 8, 1953 (16 U.S.C.
1c(a))).
           (5) PUBLIC LANDS.-The term "public lands" has the same meaning as is provided in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
           (6) SECRETARY.-The term "Secretary" means-
                 (A) the Secretary of Agriculture with respect to national forests; and
                 (B) the Secretary of the Interior with respect to-
                      (i) public lands;
                      (ii) national parks; and
                      (iii) wildlife refuges.
           (7) WILDLIFE REFUGE.-The term "wildlife refuge" means lands and waters included in the National Wildlife
Refuge System (as established by section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd)).
           (8) CONDUCT.-The term "conduct" does not include speech protected by the first article of amendment to
the Constitution.

                         Subtitle I-Other Provisions

  SEC. 320901. WIRETAPS.

  Section 2511(1) of title 18, United States Code, is amended-

  (1) by striking "or" at the end of paragraph (c);

  (2) by inserting "or" at the end of paragraph (d); and

  (3) by adding after paragraph (d) the following new paragraph:

  "(e)(i) intentionally discloses, or endeavors to disclose, to any other
person the contents of any wire, oral, or electronic communication,
intercepted by means authorized by sections 2511(2)(A)(ii), 2511(b)-(c),
2511(e), 2516, and 2518 of this subchapter, (ii) knowing or having reason to
know that the information was obtained through the interception of such a
communication in connection with a criminal investigation, (iii) having
obtained or received the information in connection with a criminal
investigation, and (iv) with intent to improperly obstruct, impede, or
interfere with a duly authorized criminal investigation,".
  SEC. 320902. THEFT OF MAJOR ARTWORK.

  (a) OFFENSE.-Chapter 31 of title 18, United States Code, is amended by
adding at the end the following new section:
  "668. Theft of major artwork

  "(a) DEFINITIONS.-In this section-

  "`museum' means an organized and permanent institution, the activities of
which affect interstate or foreign commerce, that-

  "(A) is situated in the United States;

  "(B) is established for an essentially educational or aesthetic purpose;

  "(C) has a professional staff; and

  "(D) owns, utilizes, and cares for tangible objects that are exhibited to
the public on a regular schedule.

  "`object of cultural heritage' means an object that is-

  "(A) over 100 years old and worth in excess of $5,000; or

  "(B) worth at least $100,000.".

  "(b) OFFENSES.-A person who-

  "(1) steals or obtains by fraud from the care, custody, or control of a
museum any object of cultural heritage; or

  "(2) knowing that an object of cultural heritage has been stolen or
obtained by fraud, if in fact the object was stolen or obtained from the
care, custody, or control of a museum (whether or not that fact is known to
the person), receives, conceals, exhibits, or disposes of the object,

  shall be fined under this title, imprisoned not more than 10 years, or
both.".

  (b) PERIOD OF LIMITATION.-Chapter 213 of title 18, United States Code, is
amended by adding at the end the following new section:
  "3294. Theft of major artwork

  "No person shall be prosecuted, tried, or punished for a violation of or
conspiracy to violate section 668 unless the indictment is returned or the
information is filed within 20 years after the commission of the offense.".

  (d) TECHNICAL AMENDMENTS.-

  (1) CHAPTER 31.-The chapter analysis for chapter 31 of title 18, United
States Code, is amended by adding at the end the following new item:



"668. Theft of major artwork.".


  (2) CHAPTER 213.-The chapter analysis for chapter 213 of title 18, United
States Code, is amended by adding at the end the following new item:



"3294. Theft of major artwork.".

                                                                   [pH8860]

  SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND
PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND GAPS IN COVERAGE.

  (a) ROBBERY AND BURGLARY.-(1) Section 2111 of title 18, United States
Code, is amended by inserting "or attempts to take" after "takes".

  (2) Section 2112 of title 18, United States Code, is amended by
inserting "or attempts to rob" after "robs".

  (3) Section 2114 of title 18, United States Code, is amended by
inserting "or attempts to rob" after "robs".

  (b) KIDNAPPING.-Section 1201(d) of title 18, United States Code, is
amended by striking "Whoever attempts to violate subsection (a)(4) or (a)(5)"
and inserting "Whoever attempts to violate subsection (a)".

  (c) SMUGGLING.-Section 545 of title 18, United States Code, is amended by
inserting "or attempts to smuggle or clandestinely introduce"
after "smuggles, or clandestinely introduces".

  (d) MALICIOUS MISCHIEF.-(1) Section 1361 of title 18, United States Code,
is amended-

  (A) by inserting "or attempts to commit any of the foregoing offenses"
before "shall be punished", and

  (B) by inserting "or attempted damage" after "damage" each place it
appears.

  (2) Section 1362 of title 18, United States Code, is amended by
inserting "or attempts willfully or maliciously to injure or destroy"
after "willfully or maliciously injures or destroys".

  (3) Section 1366 of title 18, United States Code, is amended-

  (A) by inserting "or attempts to damage" after "damages" each place it
appears;

  (B) by inserting "or attempts to cause" after "causes"; and

  (C) by inserting "or would if the attempted offense had been completed
have exceeded" after "exceeds" each place it appears.
  SEC. 320904. GUN-FREE SCHOOL ZONES.

  Section 922(q) of title 18, United States Code, is amended-

  (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3),
and (4), respectively; and

  (2) by inserting after "(q)" the following new paragraph:

  "(1) The Congress finds and declares that-

  "(A) crime, particularly crime involving drugs and guns, is a pervasive,
nationwide problem;

  "(B) crime at the local level is exacerbated by the interstate movement of
drugs, guns, and criminal gangs;

  "(C) firearms and ammunition move easily in interstate commerce and have
been found in increasing numbers in and around schools, as documented in
numerous hearings in both the Judiciary Committee of the House of
Representatives and Judiciary Committee of the Senate;

  "(D) in fact, even before the sale of a firearm, the gun, its component
parts, ammunition, and the raw materials from which they are made have
considerably moved in interstate commerce;

  "(E) while criminals freely move from State to State, ordinary citizens
and foreign visitors may fear to travel to or through certain parts of the
country due to concern about violent crime and gun violence, and parents may
decline to send their children to school for the same reason;

  "(F) the occurrence of violent crime in school zones has resulted in a
decline in the quality of education in our country;

  "(G) this decline in the quality of education has an adverse impact on
interstate commerce and the foreign commerce of the United States;

  "(H) States, localities, and school systems find it almost impossible to
handle gun-related crime by themselves; even States, localities, and school
systems that have made strong efforts to prevent, detect, and punish
gun-related crime find their efforts unavailing due in part to the failure or
inability of other States or localities to take strong measures; and

  "(I) Congress has power, under the interstate commerce clause and other
provisions of the Constitution, to enact measures to ensure the integrity and
safety of the Nation's schools by enactment of this subsection.".
  SEC. 320905. INTERSTATE WAGERING.

  Section 1301 of title 18, United States Code, is amended by inserting "or,
being engaged in the business of procuring for a person in 1 State such a
ticket, chance, share, or interest in a lottery, gift, enterprise or similar
scheme conducted by another State (unless that business is permitted under an
agreement between the States in question or appropriate authorities of those
States), knowingly transmits in interstate or foreign commerce information to
be used for the purpose of procuring such a ticket, chance, share, or
interest;" after "scheme;".
  SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST TRUCKERS.

  It is the sense of Congress that-

  (1) when there is Federal jurisdiction, Federal authorities should
prosecute to the fullest extent of the law murders, rapes, burglaries,
kidnappings and assaults committed against commercial truckers; and

  (2) appropriate Federal agencies should acknowledge this problem and place
a priority on evaluating how best to prevent these crimes and apprehend those
involved, and continue to coordinate their activities with
multi-jurisdictional authorities to combat violent crimes committed against
truckers.
  SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK
BIRTHS.

  It is the sense of the Senate that-

  (1) the Secretary of Health and Human Services, in consultation with the
National Center for Health Statistics, should prepare an analysis of the
causes of the increase in out-of-wedlock births, and determine whether there
is any historical precedent for such increase, as well as any equivalent
among foreign nations, and

  (2) the Secretary of Health and Human Services should report to Congress
within 12 months after the date of the enactment of this Act on the
Secretary's analysis of the out-of-wedlock problem and its causes, as well as
possible remedial measures that could be taken.
  SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED NATIONS
IN INTERNATIONAL ORGANIZED CRIME CONTROL.

  It is the sense of the Senate that-

  (1) the United States should encourage the development of a United Nations
Convention on Organized Crime; and

  (2) the United Nations should-

  (A) provide significant additional resources to the Commission on Crime
Prevention and Criminal Justice;

  (B) consider an expansion of the Commission's role and authority; and

  (C) seek a cohesive approach to the international organized crime problem.

  SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.

  (a) IN GENERAL.-Chapter 211 of title 18, United States Code, is amended by
inserting after section 3238 the following new section:
  "3239. Optional venue for espionage and related offenses

  "The trial for any offense involving a violation, begun or committed upon
the high seas or elsewhere out of the jurisdiction of any particular State or
district, of-

  "(1) section 793, 794, 798, or section 1030(a)(1) of this title;

  "(2) section 601 of the National Security Act of 1947 (50 U.S.C. 421); or

  "(3) section 4(b) or 4(c) of the Subversive Activities Control Act of
1950 (50 U.S.C. 783 (b) or (c));

  may be in the District of Columbia or in any other district authorized by
law.".

  (b) TECHNICAL AMENDMENT.-The item relating to section 3239 in the table of
sections of chapter 211 of title 18, United States Code, is amended to read
as follows:



"3239. Optional venue for espionage and related offenses.".

  SEC. 320910. UNDERCOVER OPERATIONS.

  (a) IN GENERAL.-Chapter 1 of title 18, United States Code, is amended by
adding at the end the following new section:
  "21. Stolen or counterfeit nature of property for certain crimes defined

  "(a) Wherever in this title it is an element of an offense that-

  "(1) any property was embezzled, robbed, stolen, converted, taken,
altered, counterfeited, falsely made, forged, or obliterated; and

  "(2) the defendant knew that the property was of such character;

  such element may be established by proof that the defendant, after or as a
result of an official representation as to the nature of the property,
believed the property to be embezzled, robbed, stolen, converted, taken,
altered, counterfeited, falsely made, forged, or obliterated.

  "(b) For purposes of this section, the term `official representation'
means any representation made by a Federal law enforcement officer (as
defined in section 115) or by another person at the direction or with the
approval of such an officer.".

  (b) TECHNICAL AMENDMENT.-The table of sections of chapter 1 of title 18,
United States Code, is amended by adding at the end the following new item:



"21.Stolen or counterfeit nature of property for certain crimes defined.".

  SEC. 320911. MISUSE OF INITIALS "DEA".

  (a) AMENDMENT.-Section 709 of title 18, United States Code, is amended-

  (1) in the thirteenth unnumbered paragraph by striking "words-" and
inserting "words; or"; and

  (2) by inserting after the thirteenth unnumbered paragraph the following
new paragraph:

  "A person who, except with the written permission of the Administrator of
the Drug Enforcement Administration, knowingly uses the words `Drug
Enforcement Administration' or the initials `DEA' or any colorable imitation
of such words or initials, in connection with any advertisement, circular,
book, pamphlet, software or other publication, play, motion picture,
broadcast, telecast, or other production, in a manner reasonably calculated
to convey the impression that such advertisement, circular, book, pamphlet,
software or other publication, play, motion picture, broadcast, telecast, or
other production is approved, endorsed, or authorized by the Drug Enforcement
Administration;".

  (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall become
effective on the date that is 90 days after the date of enactment of this
Act.
  SEC. 320912. DEFINITION OF LIVESTOCK.

  Section 2311 of title 18, United States Code, is amended by inserting
after the second paragraph relating to the definition of "cattle" the
following new paragraph:

  "`livestock' means any domestic animals raised for home use, consumption,
or profit, such as horses, pigs, llamas, goats, fowl, sheep, buffalo, and
cattle, or the carcasses thereof.".
  SEC. 320913. ASSET FORFEITURE.

  (a) AMENDMENT.-Section 524(c)(1) of title 28, United States Code, is
amended-

  (1) by redesignating subparagraph (H) as subparagraph (I); and

  (2) by inserting after subparagraph (G) the following new subparagraph:

  "(H) the payment of State and local property taxes on forfeited real
property that accrued between the date of the violation giving rise to the
forfeiture and the date of the forfeiture order; and".

  (b) APPLICATION OF AMENDMENT.-The amendment made by subsection (a) shall
apply to all claims pending at the time of or commenced subsequent to the
date of enactment of this Act.
                                                                   [pH8861]

  SEC. 320914. CLARIFICATION OF DEFINITION OF A "COURT OF THE UNITED STATES"
TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN MARIANA ISLANDS, AND
THE VIRGIN ISLANDS.

  (a) IN GENERAL.-Chapter 1 of title 18, United States Code, is amended by
adding at the end the following new section:
  "23. Court of the United States defined

  "As used in this title, except where otherwise expressly provided the
term `court of the United States' includes the District Court of Guam, the
District Court for the Northern Mariana Islands, and the District Court of
the Virgin Islands.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 1 of title 18,
United States Code, is amended by adding at the end the following new item:



"23. Court of the United States defined.".

  SEC. 320915. LAW ENFORCEMENT PERSONNEL.

  It is the sense of the Senate that law enforcement personnel should not be
reduced and calls upon the President of the United States to exempt Federal
law enforcement positions from Executive Order 12839 and other Executive
memoranda mandating reductions in the Federal workforce.
  SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS.

  (a) IN GENERAL.-Chapter 33 of title 28, United States Code, is amended by
adding at the end the following new section:
  "540A. Investigation of violent crimes against travelers

  "(a) IN GENERAL.-At the request of an appropriate law enforcement official
of a State or political subdivision, the Attorney General and Director of the
Federal Bureau of Investigation may assist in the investigation of a felony
crime of violence in violation of the law of any State in which the victim
appears to have been selected because he or she is a traveler.

  "(b) FOREIGN TRAVELERS.-In a case in which the traveler who is a victim of
a crime described in subsection (a) is from a foreign nation, the Attorney
General and Director of the Federal Bureau of Investigation, and, when
appropriate, the Secretary of State shall assist the prosecuting and law
enforcement officials of a State or political subdivision to the fullest
extent possible in securing from abroad such evidence or other information as
may be needed for the effective investigation and prosecution of the crime.

  "(c) DEFINITIONS.-In this section-

  "`felony crime of violence' means an offense punishable by more than one
year in prison that has as an element the use, attempted use, or threatened
use of physical force against the person of another.

  "`State' means a State, the District of Columbia, and any commonwealth,
territory, or possession of the United States.

  "`traveler' means a victim of a crime of violence who is not a resident of
the State in which the crime of violence occurred.".

  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 33 of title 28,
United States Code, is amended by adding at the end the following new item:



"540A. Investigation of violent crimes against travelers.".

  SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.

  (a) IN GENERAL.-Section 844(i) of title 18, United States Code, is amended
by adding at the end the following: "No person shall be prosecuted, tried, or
punished for any noncapital offense under this subsection unless the
indictment is found or the information is instituted within 7 years after the
date on which the offense was committed.".

  (b) APPLICATION OF AMENDMENT.-The amendment made by subsection (a) shall
not apply to any offense described in the amendment that was committed more
than 5 years prior to the date of enactment of this Act.
  SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION
RIGHTS.

  It is the sense of the Congress that in determining child custody and
visitation rights, the courts should take into consideration the history of
drunk driving that any person involved in the determination may have.
  SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.

  Nothing in this Act shall be construed to prohibit or exclude the
expenditure of appropriations to grant recipients that would have been or are
eligible to receive grants under subpart 1 of part E of the Omnibus Crime
Control and Safe Streets Act of 1968.
  SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.

  It is the sense of the Senate that in celebration of "Law Day, U.S.A.",
May 1, 1995, the grateful people of this Nation should give special emphasis
to all law enforcement personnel of the United States, and the grateful
people of this Nation should acknowledge the unflinching and devoted service
law enforcement personnel perform as such personnel help preserve domestic
tranquillity and guarantee the legal rights of all individuals of this
Nation.
  SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION PROGRAM.

  (a) SENTENCE OF PROBATION.-Section 3561 of title 18, United States Code,
is amended-

  (1) by redesignating subsection (b) as subsection (c); and

  (2) by inserting the following new subsection after subsection (a):

  "(b) DOMESTIC VIOLENCE OFFENDERS.-A defendant who has been convicted for
the first time of a domestic violence crime shall be sentenced to a term of
probation if not sentenced to a term of imprisonment. The term `domestic
violence crime' means a crime of violence for which the defendant may be
prosecuted in a court of the United States in which the victim or intended
victim is the spouse, former spouse, intimate partner, former intimate
partner, child, or former child of the defendant, or any relative defendant,
child, or former child of the defendant, or any other relative of the
defendant.".

  (b) CONDITIONS OF PROBATION.-Section 3563(a) of title 18, United States
Code, is amended by-

  (1) striking "and" at the end of paragraph (2);

  (2) striking the period at the end of paragraph (3) and inserting "; and";
and

  (3) by inserting the following new paragraph:

  "(4) for a domestic violence crime as defined in section 3561(b) by a
defendant convicted of such an offense for the first time that the defendant
attend a public, private, or private non-profit offender rehabilitation
program that has been approved by the court, in consultation with a State
Coalition Against Domestic Violence or other appropriate experts, if an
approved program is readily available within a 50-mile radius of the legal
residence of the defendant.".

  (c) SUPERVISED RELEASE.-Section 3583 of title 18, United States Code, is
amended-

  (1) in subsection (a) by inserting "or if the defendant has been convicted
for the first time of a domestic violence crime as defined in section
3561(b)" after "statute"; and

  (2) in subsection (d) by inserting the following after the first
sentence: "The court shall order as an explicit condition of supervised
release for a defendant convicted for the first time of a domestic violence
crime as defined in section 3561(b) that the defendant attend a public,
private, or private nonprofit offender rehabilitation program that has been
approved by the court, in consultation with a State Coalition Against
Domestic Violence or other appropriate experts, if an approved program is
readily available within a 50-mile radius of the legal residence of the
defendant.".
  SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.

  (a) PUBLIC LAW 87-726.-The first section of Public Law 87-726 (36 U.S.C.
167) is amended-

  (1) by striking "(2)" and inserting "(3)";

  (2) by inserting after clause (1) the following new clause: "(2) directing
the officials of the Government to display at halfstaff the flag of the
United States on all Government buildings on such day, as provided by section
3(m) of the Act of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.
175),";

  (3) by striking "(3)" and inserting "(4)"; and

  (4) by inserting in paragraph (4) ", including the display at half-staff
of the flag of the United States" after "activities".

  (b) ACT OF JUNE 22, 1942.-Section 3(m) of the Act of June 22,
1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended by inserting "The
flag shall be flown at half-staff on Peace Officers Memorial Day, unless that
day is also Armed Forces Day." after "a Member of Congress.".
  SEC. 320923. FINANCIAL INSTITUTION FRAUD.

  Section 528 of Public Law 101-509, approved November 5, 1990, is amended
by striking "with the authority of the Resolution Trust Corporation or its
successor" at the end of subsection (b)(2) and inserting "on December 31,
2004".
  SEC. 320924. DEFINITION OF "PARENT" FOR THE PURPOSES OF THE OFFENSE OF
KIDNAPPING.

  Section 1201 of title 18, United States Code, is amended by adding at the
end the following new subsection:

  "(h) As used in this section, the term `parent' does not include a person
whose parental rights with respect to the victim of an offense under this
section have been terminated by a final court order.".
  SEC. 320926. HATE CRIME STATISTICS ACT.

  Subsection (b)(1) of the first section of the Hate Crime Statistics
Act (28 U.S.C. 534 note) is amended by inserting "disability,"
after "religion,".
  SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK REQUIREMENT OF RETURN
OF HANDGUN TO OWNER.

  Section 922(s)(1) of title 18, United States Code, is amended in the first
sentence by inserting "(other than the return of a handgun to the person from
whom it was received)" after "handgun".
  SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.

  (a) PROTECTION OF THE ELDERLY AND INDIVIDUALS WITH DISABILITIES.-

  (1) BACKGROUND CHECKS.-Section 3(a)(1) of the National Child Protection
Act of 1993 (42 U.S.C. 5119a) is amended by striking "an individual's fitness
to have responsibility for the safety and well-being of children" and
inserting "the provider's fitness to have responsibility for the safety and
well-being of children, the elderly, or individuals with disabilities".

  (2) GUIDELINES.-Section 3(b) of the National Child Protection Act of
1993 (42 U.S.C. 5119b(b)) is amended-

  (A) in paragraph (1)(E)-

(i) by striking "child" the first place it appears and inserting "person";
and

(ii) by striking "child" the second place it appears; and

  (B) in paragraph (4) by striking "an individual's fitness to have
responsibility for the safety and well-being of children" and inserting "the
provider's fitness to have responsibility for the safety and well-being of
children, the elderly, or individuals with disabilities".

  (3) DEFINITION OF CARE.-Section 5 of the National Child Protection Act of
1993 (42 U.S.C. 5119c(5)) is amended-

  (A) by amending paragraph (5) to read as follows:

  "(5) the term `care' means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children, the elderly,
or individuals with disabilities;"; and

  (B) in paragraph (8) by striking "child care" each place it appears and
inserting "care".

  (b) INFORMATION REQUIRED TO BE REPORTED.-Section 2(a) of the National
Child Protection Act of 1993 (42 U.S.C. 5119(a)) is amended by adding at the
end "A criminal justice agency may satisfy the requirement of this subsection
by reporting or indexing all felony and serious misdemeanor arrests and
dispositions.".

  (c) CLARIFICATION OF IMMUNITY PROVISION.-Section 3(d) of the National
Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by
inserting "(other than itself)" after "failure of a qualified entity".

  (d) DEFRAYMENT OF COSTS TO VOLUNTEERS OF CONDUCTING BACKGROUND
CHECKS.-Section 4(b) of the National Child Protection Act of 1993 (42 U.S.C.
5119b(b)) is amended-

  (1) by striking "and" at the end of subparagraph (C);

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

  (3) by adding at the end the following new subparagraph:

  "(E) to assist the State in paying all or part of the cost to the State of
conducting background checks on persons who are employed by or volunteer with
a public, not-for-profit, or voluntary qualified entity to reduce the amount
of fees charged for such background checks.".

  (e) FEES.-Section 3(e) of the National Child Protection Act of 1993 is
amended by striking "the actual cost" and inserting "eighteen dollars,
respectively, or the actual cost, whichever is less,".

  (f) COSTS OF THE FBI.-Funds authorized to be appropriated to the Federal
Bureau of Investigation under section 190001(c) of this Act may be used to
pay all or part of the cost to the Federal Bureau of Investigation of
carrying out the National Child Protection Act of 1993, including the cost of
conducting background checks on persons who are employed by or volunteer with
a public, not-for-profit, or voluntary qualified entity to reduce the amount
of fees charged for such background checks.

  (g) GUIDELINES.-

  (1) IN GENERAL.-The Attorney General, in consultation with Federal, State,
and local officials, including officials responsible for criminal history
record systems, and representatives of public and private care organizations
and health, legal, and social welfare organizations, shall develop guidelines
for the adoption of appropriate safeguards by care providers and by States
for protecting children, the elderly, or individuals with disabilities from
abuse.

  (2) MATTERS TO BE ADDRESSED.-In developing guidelines under paragraph (1),
the Attorney General shall address the availability, cost, timeliness, and
effectiveness of criminal history background checks and recommend measures to
ensure that fees for background checks do not discourage volunteers from
participating in care programs.

  (3) DISSEMINATION.-The Attorney General shall, subject to the availability
of appropriations, disseminate the guidelines to State and local officials
and to public and private care providers.

  (h) CHANGE OF REPORT DEADLINE.-Section 2(f)(2) of the National Child
Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amended by striking "1 year"
and inserting "2 years".

  (i) CHANGE OF IMPLEMENTATION DEADLINE.-Section 2(b)(2)(A) of the National
Child Protection Act of 1993 (42 U.S.C. 5119(b)(2)(A)) is amended by
striking "3 years" and inserting "5 years".

  (j) DEFINITION OF CHILD ABUSE CASES AND INDIVIDUALS WITH
DISABILITIES.-Section 5 of the National Child Protection Act of 1993 (42
U.S.C. 5119c) is amended-

  (1) by redesignating paragraph (6), (7), (8), and (9) as
paragraph (8), (9), (10), and (11), respectively; and

  (2) by inserting after paragraph (5) the following new paragraphs:

  "(6) the term `identifiable child abuse crime case' means a case that can
be identified by the authorized criminal justice agency of the State as
involving a child abuse crime by reference to the statutory citation or
descriptive label of the crime as it appears in the criminal history record;

  "(7) the term `individuals with disabilities' means persons with a mental
or physical impairment who require assistance to perform one or more daily
living tasks;".
                                                                   [pH8862]

  SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT PERSONNEL.

  The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is
amended by inserting after section 4 the following new section:

  "SEC. 4A. LAW ENFORCEMENT.-(a) DESIGNATION OF LAW ENFORCEMENT AGENTS.-The
Board may designate employees of the corporation to act as law enforcement
agents in the area of jurisdiction described in subsection (c).

  "(b) DUTIES AND POWERS.-

  "(1) DUTIES.-A law enforcement agent designated under subsection (a) shall
maintain law and order and protect persons and property in the area of
jurisdiction described in subsection (c) and protect property and officials
and employees of the corporation outside that area.

  "(2) POWERS.-In the performance of duties described in paragraph (1), a
law enforcement agent designated under subsection (a) may-

  "(A) make arrests without warrant for any offense against the United
States committed in the agent's presence, or for any felony cognizable under
the laws of the United States if the agent has probable cause to believe that
the person to be arrested has committed or is committing such a felony;

  "(B) execute any warrant or other process issued by a court or officer of
competent jurisdiction for the enforcement of any Federal law or regulation
issued pursuant to law in connection with the investigation of an offense
described in subparagraph (A);

  "(C) conduct an investigation of an offense described in subparagraph (A)
in the absence of investigation of the offense by any Federal law enforcement
agency having investigative jurisdiction over the offense or with the
concurrence of that agency; and

  "(D) carry firearms in carrying out any activity described in
subparagraph (A), (B), or (C).

  "(c) AREA OF JURISDICTION.-A law enforcement agent designated under
subsection (a) shall be authorized to exercise the law enforcement duties and
powers described in subsection (b)-

  "(1) on any lands or facilities owned or leased by the corporation or
within such adjoining areas in the vicinities of such lands or facilities as
may be determined by the board under subsection (e); and

  "(2) on other lands or facilities-

  "(A) when the person to be arrested is in the process of fleeing from such
lands, facilities, or adjoining areas to avoid arrest;

  "(B) in conjunction with the protection of property or officials or
employees of the corporation on or within lands or facilities other than
those owned or leased by the corporation; or

  "(C) in cooperation with other Federal, State, or local law enforcement
agencies.

  "(d) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND CRIMINAL
JURISDICTION NOT PREEMPTED.-Nothing in this section shall be construed to-

  "(1) limit or restrict the investigative jurisdiction of any Federal law
enforcement agency; or

  "(2) affect any right of a State or a political subdivision thereof to
exercise civil and criminal jurisdiction on or within lands or facilities
owned or leased by the corporation.

  "(e) DETERMINATION OF ADJOINING AREAS.-

  "(1) IN GENERAL.-The board shall determine and may from time-to-time
modify the adjoining areas for each facility or particular area of land, or
for individual categories of such facilities or lands, for the purposes of
subsection (c)(1).

  "(2) NOTICE.-A notice and description of each adjoining area determination
or modification of a determination made under paragraph (1) shall be
published in the Federal Register.

  "(f) QUALIFICATIONS AND TRAINING.-The board, in consultation with the
Attorney General, shall adopt qualification and training standards for law
enforcement agents designated under subsection (a).

  "(g) RELATION TO OTHER LAW.-A law enforcement agent designated under
subsection (a) shall not be considered to be a law enforcement officer of the
United States for the purposes of any other law, and no law enforcement agent
designated under subsection (a) or other employee of the corporation shall
receive an increase in compensation solely on account of this section.

  "(h) RELATIONSHIP WITH ATTORNEY GENERAL.-The duties and powers of law
enforcement agents designated under subsection (a) that are described in
subsection (b) shall be exercised in accordance with guidelines approved by
the Attorney General.".
  SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.

  Section 545(a) of title 28, United States Code, is amended-

  (1) by striking "and assistant United States attorney"; and

  (2) by inserting the following after the first sentence: "Each assistant
United States attorney shall reside in the district for which he or she is
appointed or within 25 miles thereof.".
  SEC. 320933. LABELS ON PRODUCTS.

  To the extent any person introduces, delivers for introduction, sells,
advertises, or offers for sale in commerce a product with a "Made in the
U.S.A." or "Made in America" label, or the equivalent thereof, in order to
represent that such product was in whole or substantial part of domestic
origin, such label shall be consistent with decisions and orders of the
Federal Trade Commission issued pursuant to section 5 of the Federal Trade
Commission Act. This section only applies to such labels. Nothing in this
section shall preclude the application of other provisions of law relating to
labeling. The Commission may periodically consider an appropriate percentage
of imported components which may be included in the product and still be
reasonably consistent with such decisions and orders. Nothing in this section
shall preclude use of such labels for products that contain imported
components under the label when the label also discloses such information in
a clear and conspicuous manner. The Commission shall administer this section
pursuant to section 5 of the Federal Trade Commission Act and may from time
to time issue rules pursuant to section 553 of Title 5, United States Code
for such purpose. If a rule is issued, such violation shall be treated by the
Commission as a violation of a rule under section 18 of the Federal Trade
Commissions Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices. This section shall be effective upon publication in the Federal
Register of a Notice of the provisions of this section. The Commission shall
publish such notice within six months after the enactment of this section.
                                                                   [pH8863]

  SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION ORDER.

  Section 523(a) of title 11, United States Code, is amended-

  (1) by striking "or" at the end of paragraph (11);

  (2) by striking the period at the end of paragraph (12) and inserting ";
or"; and

  (3) by adding at the end the following new paragraph:

  "(13) for any payment of an order of restitution issued under title 18,
United States Code."
  SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE
CASES.

  (a) The Federal Rules of Evidence are amended by adding after Rule 412 the
following new rules:
  "Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

  "(a) In a criminal case in which the defendant is accused of an offense of
sexual assault, evidence of the defendant's commission of another offense or
offenses of sexual assault is admissible, and may be considered for its
bearing on any matter to which it is relevant.

  "(b) In a case in which the Government intends to offer evidence under
this rule, the attorney for the Government shall disclose the evidence to the
defendant, including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered, at least fifteen days before
the scheduled date of trial or at such later time as the court may allow for
good cause.

  "(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.

  "(d) For purposes of this rule and Rule 415, "offense of sexual assault"
means a crime under Federal law or the law of a State (as defined in section
513 of title 18, United States Code) that involved-

  "(1) any conduct proscribed by chapter 109A of title 18, United States
Code;

  "(2) contact, without consent, between any part of the defendant's body or
an object and the genitals or anus of another person;

  "(3) contact, without consent, between the genitals or anus of the
defendant and any part of another person's body;

  "(4) deriving sexual pleasure or gratification from the infliction of
death, bodily injury, or physical pain on another person; or

  "(5) an attempt or conspiracy to engage in conduct described in
paragraph (1)-(4).
  "Rule 414. Evidence of Similar Crimes in Child Molestation Cases

  "(a) In a criminal case in which the defendant is accused of an offense of
child molestation, evidence of the defendant's commission of another offense
or offenses of child molestation is admissible, and may be considered for its
bearing on any matter to which it is relevant.

  "(b) In a case in which the Government intends to offer evidence under
this rule, the attorney for the Government shall disclose the evidence to the
defendant, including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered, at least fifteen days before
the scheduled date of trial or at such later time as the court may allow for
good cause.

  "(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.

  "(d) For purposes of this rule and Rule 415, "child" means a person below
the age of fourteen, and "offense of child molestation" means a crime under
Federal law or the law of a State (as defined in section 513 of title 18,
United States Code) that involved-

  "(1) any conduct proscribed by chapter 109A of title 18, United States
Code, that was committed in relation to a child;

  "(2) any conduct proscribed by chapter 110 of title 18, United States
Code;

  "(3) contact between any part of the defendant's body or an object and the
genitals or anus of a child;

  "(4) contact between the genitals or anus of the defendant and any part of
the body of a child;

  "(5) deriving sexual pleasure or gratification from the infliction of
death, bodily injury, or physical pain on a child; or

  "(6) an attempt or conspiracy to engage in conduct described in
paragraphs (1)-(5).
  "Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual
Assault or Child Molestation

  "(a) In a civil case in which a claim for damages or other relief is
predicated on a party's alleged commission of conduct constituting an offense
of sexual assault or child molestation, evidence of that party's commission
of another offense or offenses of sexual assault or child molestation is
admissible and may be considered as provided in Rule 413 and Rule 414 of
these rules.

  "(b) A party who intends to offer evidence under this Rule shall disclose
the evidence to the party against whom it will be offered, including
statements of witnesses or a summary of the substance of any testimony that
is expected to be offered, at least fifteen days before the scheduled date of
trial or at such later time as the court may allow for good cause.

  "(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule."

  (b) IMPLEMENTATION.-The amendments made by subsection (a) shall become
effective pursuant to subsection (d).

  (c) RECOMMENDATIONS BY JUDICIAL CONFERENCE.-Not later than 150 days after
the date of enactment of this Act, the Judicial Conference of the United
States shall transmit to Congress a report containing recommendations for
amending the Federal Rules of Evidence as they affect the admission of
evidence of a defendant's prior sexual assault or child molestation crimes in
cases involving sexual assault and child molestation. The Rules Enabling Act
shall not apply to the recommendations made by the Judicial Conference
pursuant to this section.

  (d) CONGRESSIONAL ACTION.-

  (1) If the recommendations described in subsection (c) are the same as the
amendments made by subsection (a) then the amendments made by subsection (a)
shall become effective 30 days after the transmittal of the recommendations.

  (2) If the recommendations described in subsection (c) are different than
the amendments made by subsection (a), the amendments made by subsection (a)
shall become effective 150 days after the transmittal of the recommendations
unless otherwise provided by law.

  (3) If the Judicial Conference fails to comply with subsection (c), the
amendments made by subsection (a) shall become effective 150 days after the
date the recommendations were due under subsection (c) unless otherwise
provided by law.

  (e) APPLICATION.-The amendments made by subsection (a) shall apply to
proceedings commenced on or after the effective date of such amendments.

                      TITLE XXXIII-TECHNICAL CORRECTIONS

  SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW
ENFORCEMENT.

  (a) CROSS REFERENCE CORRECTIONS.-Section 506 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended-

  (1) in subsection (a) by striking "Of" and inserting "Subject to
subsection (f), of";

  (2) in subsection (c) by striking "subsections (b) and (c)" and
inserting "subsection (b)";

  (3) in subsection (e) by striking "or (e)" and inserting "or (f)"; and

  (4) in subsection (f)(1)-

  (A) in subparagraph (A)-

(i) by striking ", taking into consideration subsection (e) but"; and

(ii) by striking "this subsection," and inserting "this subsection"; and

  (B) in subparagraph (B) by striking "amount" and inserting "funds".

  (b) CORRECTIONAL OPTIONS GRANTS.-(1) Section 515(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended-

  (A) by striking "subsection (a)(1) and (2)" and inserting "paragraphs (1)
and (2) of subsection (a)"; and

  (B) in paragraph (2) by striking "States" and inserting "public agencies".

  (2) Section 516 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended-

  (A) in subsection (a) by striking "for section" each place it appears and
inserting "shall be used to make grants under section"; and

  (B) in subsection (b) by striking "section 515(a)(1) or (a)(3)" and
inserting "paragraph (1) or (3) of section 515(a)".

  (3) Section 1001(a)(5) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is amended by inserting "(other
than chapter B of subpart 2)" after "and E".

  (c) DENIAL OR TERMINATION OF GRANT.-Section 802(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is
amended by striking "M,," and inserting "M,".

  (d) DEFINITIONS.-Section 901(a)(21) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is amended by
adding a semicolon at the end.

  (e) PUBLIC SAFETY OFFICERS DISABILITY BENEFITS.-Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended-

  (1) in section 1201-

  (A) in subsection (a) by striking "subsection (g)" and
inserting "subsection (h),"; and

  (B) in subsection (b)-

(i) by striking "subsection (g)" and inserting "subsection (h)";

(ii) by striking "personal"; and

(iii) in the first proviso by striking "section" and inserting "subsection";
and

  (2) in section 1204(3) by striking "who was responding to a fire, rescue
or police emergency".

  (f) HEADINGS.-(1) The heading for part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as
follows:

                "PART M-REGIONAL INFORMATION SHARING SYSTEMS".


  (2) The heading for part O of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as follows:

                       "PART O-RURAL DRUG ENFORCEMENT".


  (g) TABLE OF CONTENTS.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended-

  (1) in the item relating to section 501 by striking "Drug Control and
System Improvement Grant" and inserting "drug control and system improvement
grant";

  (2) in the item relating to section 1403 by striking "Application" and
inserting "Applications"; and

  (3) in the items relating to part O by redesignating sections 1401 and
1402 as sections 1501 and 1502, respectively.

  (h) OTHER TECHNICAL AMENDMENTS.-Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended-

  (1) in section 202(c)(2)(E) by striking "crime,," and inserting "crime,";

  (2) in section 302(c)(19) by striking a period at the end and inserting a
semicolon;

  (3) in section 602(a)(1) by striking "chapter 315" and inserting "chapter
319";

  (4) in section 603(a)(6) by striking "605" and inserting "606";

  (5) in section 605 by striking "this section" and inserting "this part";

  (6) in section 606(b) by striking "and Statistics" and
inserting "Statistics";

  (7) in section 801(b)-

  (A) by striking "parts D," and inserting "parts";

  (B) by striking "part D" each place it appears and inserting "subpart 1 of
part E";

  (C) by striking "403(a)" and inserting "501"; and

  (D) by striking "403" and inserting "503";

  (8) in the first sentence of section 802(b) by striking "part D," and
inserting "subpart 1 of part E or under part";

  (9) in the second sentence of section 804(b) by striking "Prevention or"
and inserting "Prevention, or";

  (10) in section 808 by striking "408, 1308," and inserting "507";

  (11) in section 809(c)(2)(H) by striking "805" and inserting "804";

  (12) in section 811(e) by striking "Law Enforcement Assistance
Administration" and inserting "Bureau of Justice Assistance";

  (13) in section 901(a)(3) by striking "and," and inserting ", and";

  (14) in section 1001(c) by striking "parts" and inserting "part".

  (i) CONFORMING AMENDMENT TO OTHER LAW.-Section 4351(b) of title 18, United
States Code, is amended by striking "Administrator of the Law Enforcement
Assistance Administration" and inserting "Director of the Bureau of Justice
Assistance".
                                                                   [pH8864]

  SEC. 330002. GENERAL TITLE 18 CORRECTIONS.

  (a) SECTION 1031.-Section 1031(g)(2) of title 18, United States Code, is
amended by striking "a government" and inserting "a Government".

  (b) SECTION 208.-Section 208(c)(1) of title 18, United States Code, is
amended by striking "Banks" and inserting "banks".

  (c) SECTION 1007.-The heading for section 1007 of title 18, United States
Code, is amended by striking "Transactions" and inserting "transactions".

  (d) SECTION 1014.-Section 1014 of title 18, United States Code, is amended
by striking the comma that follows a comma.

  (e) ELIMINATION OF OBSOLETE CROSS REFERENCE.-Section 3293 of title 18,
United States Code, is amended by striking "1008,".

  (f) ELIMINATION OF DUPLICATE SUBSECTION DESIGNATION.-Section 1031 of title
18, United States Code, is amended by redesignating the second subsection (g)
as subsection (h).

  (g) TECHNICAL AMENDMENT TO PART ANALYSIS FOR PART I.-The item relating to
chapter 33 in the part analysis for part I of title 18, United States Code,
is amended by striking "701" and inserting "700".

  (h) AMENDMENT TO SECTION 924(a)(1)(B).-Section 924(a)(1)(B) of title 18,
United States Code, is amended by striking "(q)" and inserting "(r)".

  (i) PUNCTUATION CORRECTION.-Section 207(c)(2)(A)(ii) of title 18, United
States Code, is amended by striking the semicolon at the end and inserting a
comma.

  (j) CHAPTER ANALYSIS CORRECTION.-The chapter analysis for chapter 223 of
title 18, United States Code, is amended by adding at the end the following:



"3509. Child Victims' and child witnesses' rights.".


  (k) Elimination of Superfluous Comma.-Section 3742(b) of title 18, United
States Code, is amended by striking "Government," and inserting "Government".
  SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND
MISDESIGNATIONS.

  (a) SECTION 1791 OF TITLE 18.-Section 1791(b) of title 18, United States
Code, is amended by striking "(c)" each place it appears and inserting "(d)".

  (b) SECTION 2703 OF TITLE 18.-Section 2703(d) of title 18, United States
Code, is amended by striking "section 3126(2)(A)" and inserting "section
3127(2)(A)".

  (c) SECTION 666 OF TITLE 18.-Section 666(d) of title 18, United States
Code, is amended-

  (1) by redesignating the second paragraph (4) as paragraph (5);

  (2) by striking "and" at the end of paragraph (3); and

  (3) by striking the period at the end of paragraph (4) and inserting ";
and".

  (d) SECTION 4247 OF TITLE 18.-Section 4247(h) of title 18, United States
Code, is amended by striking "subsection (e) of section 4241, 4243, 4244,
4245, or 4246," and inserting "subsection (e) of section 4241, 4244, 4245, or
4246, or subsection (f) of section 4243,".

  (e) SECTION 408 OF THE CONTROLLED SUBSTANCE.-Section 408(b)(2)(A) of the
Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by
striking "subsection (d)(1)" and inserting "subsection (c)(1)".

  (f) MARITIME DRUG LAW ENFORCEMENT ACT.-(1) Section 994(h) of title 28,
United States Code, is amended by striking "section 1 of the Act of September
15, 1980 (21 U.S.C. 955a)" each place it appears and inserting "the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)".

  (2) Section 924(e) of title 18, United States Code, is amended by
striking "the first section or section 3 of Public Law 96-350 (21 U.S.C. 955a
et seq.)" and inserting "the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.)".

  (g) SECTION 2596 OF THE CRIME CONTROL ACT OF 1990.-Section 2596(d) of the
Crime Control Act of 1990 is amended, effective retroactively to the date of
enactment of such Act, by striking "951(c)(1)" and inserting "951(c)(2)".

  (h) FEDERAL RULES OF CRIMINAL PROCEDURE.-Rule 46(i)(1) of the Federal
Rules of Criminal Procedure for the United States Courts is amended by
striking "18 U.S.C. 3144" and inserting "18 U.S.C. 3142".
  SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

  Title 18, United States Code, is amended-

  (1) in section 212 by striking "or of any National Agricultural Credit
Corporation," and by striking "or National Agricultural Credit
Corporations,";

  (2) in section 213 by striking "or examiner of National Agricultural
Credit Corporations";

  (3) in section 709 by striking the seventh and thirteenth paragraphs;

  (4) in section 711 by striking the second paragraph;

  (5) by striking section 754 and amending the chapter analysis for chapter
35 by striking the item relating to section 754;

  (6) in sections 657 and 1006 by striking "Reconstruction Finance
Corporation," and striking "Farmers' Home Corporation,";

  (7) in section 658 by striking "Farmers' Home Corporation,";

  (8) in section 1013 by striking ", or by any National Agricultural Credit
Corporation";

  (9) in section 1160 by striking "white person" and inserting "non-Indian";

  (10) in section 1698 by striking the second paragraph;

  (11) by striking sections 1904 and 1908 and amending the chapter analysis
for chapter 93 by striking the items relating to those sections;

  (12) in section 1909 by inserting "or" before "farm credit examiner" and
by striking "or an examiner of National Agricultural Credit Corporations,";

  (13) by striking sections 2157 and 2391 and amending the chapter analysis
for chapter 105 and for 115, respectively, by striking the items relating to
those sections;

  (14) in section 2257 by striking the subsections (f) and (g) that were
enacted by Public Law 100-690;

  (15) in section 3113 by striking the third paragraph;

  (16) in section 3281 by striking "except for offenses barred by the
provisions of law existing on August 4, 1939";

  (17) in section 443 by striking "or (3) five years after 12 o'clock noon
of December 31, 1946,";

  (18) in sections 542, 544, and 545 by striking "the Philippine Islands,";
and

  (19) in section 1073-

  (A) by striking "or which, in the case of New Jersey, is a high
misdemeanor under the laws of said State,"; and

  (B) by striking "or which in the case of New Jersey, is a high misdemeanor
under the laws of said State,".
  SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT PRACTICES
ACT.

  Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-2) is amended by striking "issuer" and inserting "domestic concern".
  SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 1116.

  Section 1116(a) of title 18, United States Code, is amended by striking ",
and any such person who is found guilty of attempted murder shall be
imprisoned for not more than twenty years".
  SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.

  Section 1864(c) of title 18, United States Code, is amended by
striking "(b) (3), (4), or (5)" and inserting "(b)(5)".
  SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.

  Title 18, United States Code, is amended-

  (1) in section 513(c)(4) by striking "association or persons" and
inserting "association of persons";

  (2) in section 1956(e) by striking "Evironmental" and
inserting "Environmental";

  (3) in section 3125-

  (A) in subsection (a)(2) by striking "use" and the quotation mark that
immediately follows it and inserting "use;";

  (B) by realigning the matter in subsection (a)(2) that begins with "may
have installed" and ends with "section 3123 of this title" so that it is
flush to the left margin; and

  (C) by striking "provider for" and inserting "provider of" in
subsection (d);

  (4) in section 3731 by striking "order of a district courts" and
inserting "order of a district court" in the second undesignated paragraph;

  (5) in section 151 by striking "mean" and inserting "means";

  (6) in section 208(b) by inserting "if" after "(4)";

  (7) in section 209(d) by striking "under the terms of the chapter 41" and
inserting "under the terms of chapter 41";

  (8) in section 1014 by inserting a comma after "National Credit Union
Administration Board`'; and

  (9) in section 3291 by striking "the afore-mentioned" and
inserting "such".
  SEC. 330009. OTHER TECHNICAL AMENDMENTS.

  (a) SECTION 419 OF CONTROLLED SUBSTANCES ACT.-Section 419(b) of the
Controlled Substances Act (21 U.S.C. 860(b)) is amended by striking "years
Penalties" and inserting "years. Penalties".

  (b) SECTION 667.-Section 667 of title 18, United States Code, is amended
by adding at the end the following: "The term `livestock' has the meaning set
forth in section 2311 of this title.".

  (c) SECTION 1114.-Section 1114 of title 18, United States Code, is amended
by striking "or any other officer, agency, or employee of the United States"
and inserting "or any other officer or employee of the United States or any
agency thereof".

  (d) Section 408 of Controlled Substances Act.-Section 408(q)(8) of the
Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended by
striking "applications, for writ" and inserting "applications for writ".
  SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.

  Title 18, United States Code, is amended-

  (1) in section 212 by striking "218" and inserting "213";

  (2) in section 1917-

  (A) by striking "Civil Service Commission" and inserting "Office of
Personnel Management"; and

  (B) by striking "the Commission" in paragraph (1) and inserting "such
Office";

  (3) by transferring the subchapter analysis for each subchapter of each of
chapters 227 and 229 to follow the heading of that subchapter;

  (4) so that the heading of section 1170 reads as follows:
                                                                   [pH8865]

  "1170. Illegal trafficking in Native American human remains and cultural
items";

  (5) so that the item relating to section 1170 in the chapter analysis for
chapter 53 reads as follows:



"1170. Illegal trafficking in Native American human remains and cultural
items.";


  (6) in section 3509(a) by striking paragraph (11) and redesignating
paragraphs (12) and (13) as paragraphs (11) and (12), respectively;

  (7) in section 3509-

  (A) by striking "subdivision" each place it appears and
inserting "subsection"; and

  (B) by striking "government" each place it appears and
inserting "Government";

  (8) in section 2252(a)(3)(B) by striking "materails" and inserting "
materials";

  (9) in section 14 by striking "45," and "608, 611, 612,";

  (10) in section 3059A-

  (A) in subsection (b) by striking "this subsection" and
inserting "subsection"; and

  (B) in subsection (c) by striking "this subsection" and
inserting "subsection";

  (11) in section 1761(c)-

  (A) by striking "and" at the end of paragraph (1);

  (B) by inserting "and" at the end of paragraph (3); and

  (C) by striking the period at the end of paragraph (2)(B) and inserting a
semicolon;

  (12) in the chapter analysis for chapter 11-

  (A) in the item relating to section 203 by inserting a comma
after "officers" and by striking the comma after "others"; and

  (B) in the item relating to section 204 by inserting "the" before "United
States Court of Appeals for the Federal Circuit";

  (13) in the chapter analysis for chapter 23, in the item relating to
section 437, by striking the period immediately following "Indians";

  (14) in the chapter analysis for the beginning of chapter 25, in the item
relating to section 491, by striking the period immediately following "paper
used as money";

  (15) in section 207(a)(3) by striking "Clarification of Restrictions" and
inserting "Clarification of restrictions";

  (16) in section 176 by striking "the government" and inserting "the
Government";

  (17) in section 3059A(e)(2)(iii) by striking "backpay" and inserting "back
pay"; and

  (18) by adding a period at the end of the item relating to section 3059A
in the chapter analysis for chapter 203.
  SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.

  (a) INCORRECT REFERENCE.-Section 2587(b) of Public Law 101-647 is amended,
effective as of the date on which that section took effect, by striking "The
chapter heading for" and inserting "The chapter analysis for".

  (b) LACK OF PUNCTUATION IN STRICKEN LANGUAGE.-Section 46(b) of the
Criminal Law and Procedure Technical Amendments Act of 1986 is amended,
effective as of the date on which that section took effect, so that-

  (A) in paragraph (1), the matter proposed to be stricken from the
beginning of section 201(b) of title 18, United States Code, reads "(b)
Whoever, directly"; and

  (B) in paragraph (2), a comma, rather than a semicolon, appears after "his
lawful duty" in the matter to be stricken from paragraph (3) of section
201(b) of that title.

  (c) BIOLOGICAL WEAPONS.-(1) Section 3(b) of the Biological Weapons
Anti-Terrorism Act of 1989 is amended, effective as of the date on which that
section took effect, by striking "2516(c)" and inserting "2516(1)(c)".

  (2) The item in the part analysis for part I of title 18, United States
Code, that relates to chapter 10 is amended by striking "Weapons" and
inserting "weapons".

  (d) PLACEMENT OF NEW SECTION.-Section 404(a) of Public Law 101-630 is
amended, effective on the date such section took effect, by striking "adding
at the end thereof" each place it appears and inserting "inserting after
section 1169".

  (e) ELIMINATION OF ERRONEOUS CHARACTERIZATION OF MATTER INSERTED.-Section
225(a) of Public Law 101-647 is amended, effective as of the date on which
that section took effect, by striking "new rule".

  (f) CLARIFICATION OF PLACEMENT OF AMENDMENT.-Section 1205(c) of Public Law
101-647 is amended, effective as of the date on which that section took
effect, by inserting "at the end" after "adding".

  (g) ELIMINATION OF DUPLICATE AMENDMENT.-Section 1606 of Public Law
101-647 (amending section 1114 of title 18, United States Code) is repealed
effective as of the date of enactment of that section.

  (h) ERROR IN AMENDMENT PHRASING.-Section 3502 of Public Law 101-647 is
amended, effective as of the date on which that section took effect, by
striking "10" and inserting "ten".

  (i) CLARIFICATION THAT AMENDMENTS WERE TO TITLE 18.-Sections 3524, 3525,
and 3528 of Public Law 101-647 are each amended, effective as of the date on
which those sections took effect, by inserting "of title 18, United States
Code" before "is amended".

  (j) CORRECTION OF PARAGRAPH REFERENCE.-Section 3527 of Public Law 101-647
is amended, effective as of the date on which that section took effect, by
striking "4th" and inserting "5th".

  (k) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1345.-Section 3542
of Public Law 101-647 is repealed, effective as of the date of its enactment.

  (l) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 1956.-Section
3557(2)(E) of Public Law 101-647 is repealed, effective as of the date of its
enactment.

  (m) CLARIFICATION OF PLACEMENT OF AMENDMENTS.-Public Law 101-647 is
amended, effective as of the date of its enactment-

  (1) in section 3564(1) by inserting "each place it appears" after the
quotation mark following "2251" the first place it appears; and

  (2) in section 3565(3)(A) by inserting "each place it appears" after the
quotation mark following "subchapter".

  (n) CORRECTION OF WORD QUOTED IN AMENDMENT.-Section 3586(1) of Public Law
101-647 is amended, effective as of the date on which that section took
effect, by striking "fines" and inserting "fine".

  (o) ELIMINATION OF OBSOLETE TECHNICAL AMENDMENT TO SECTION 4013.-Section
3599 of Public Law 101-647 is repealed, effective as of the date of its
enactment.

  (p) CORRECTION OF DIRECTORY LANGUAGE.-Section 3550 of Public Law 101-647
is amended, effective as of the date on which that section took effect, by
striking "not more than".

  (q) REPEAL OF DUPLICATE PROVISIONS.-(1) Section 3568 of Public Law 101-647
is repealed, effective as of the date on which that section took effect.

  (2) Section 1213 of Public Law 101-647 is repealed, effective as of the
date on which that section took effect.

  (r) CORRECTION OF WORDS QUOTED IN AMENDMENT.-Section 2531(3) of Public Law
101-647 is amended, effective as of the date on which that section took
effect, by striking "1679(c)(2)" and inserting "1679a(c)(2)".

  (s) FORFEITURE.-(1) Section 1401 of Public Law 101-647 is amended,
effective as of the date on which that section took effect-

  (A) by inserting a comma after ", 5316"; and

  (B) by inserting "the first place it appears" after the quotation mark
following "5313(a)".

  (2) Section 2525(a)(2) of Public Law 101-647 is amended, effective as of
the date on which that section took effect, by striking "108(3)" and
inserting "2508(3)".
  SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMINATE DUPLICATE
PREDICATE CRIMES.

  Section 1956 of title 18, United States Code, is amended in
subsection (c)(7)(E), by striking the period that follows a period.
  SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.

  Part V of title 18, United States Code, is amended-

  (1) by inserting after the heading for that part the following:

                     "CHAPTER 601-IMMUNITY OF WITNESSES";


  (2) in section 6001(1)-

  (A) by striking "Atomic Energy Commission" and inserting "Nuclear
Regulatory Commission"; and

  (B) by striking "the Subversive Activities Control Board,"

  (3) by striking "part" the first place it appears and inserting "chapter";
and

  (4) by striking "part" each other place it appears and inserting "title".
  SEC. 330014. UPDATE OF CROSS REFERENCE.

  Section 408(n)(11) of the Controlled Substances Act is amended by
striking "section 405" and inserting "section 418".
  SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.

  Section 1904 of Public Law 101-647 is amended, effective as of the date on
which that section took effect, by striking "by inserting a new
subsection (e) as follows" and inserting "so that subsection (e) reads as
follows".
  SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE AMOUNTS IN
OFFENSES UNDER TITLE 18.

  Title 18, United States Code, is amended-

  (1)(A) in sections 1693, 1694, 1695, and 1696 by striking "not more
than $50" and inserting "under this title";

  (B) in sections 333, 489, 754, 1303, 1699, 1701, 1703, 1710, 1723, 1726,
1730, and 2390 by striking "not more than $100" and inserting "under this
title";

  (C) in sections 1697 and 1698 by striking "not more than $150" and
inserting "under this title";

  (D) in sections 1165 and 2279 by striking "not more than $200" and
inserting "under this title";

  (E) in sections 701, 702, 703, 704, 705, 706, 707, 708, 710, 711, 711a,
713, 715, 1164, and 1858 by striking "not more than $250" each place it
appears and inserting "under this title";

  (F) in sections 916, 1501, 1502, 1719, 1725, and 1861 by striking "not
more than $300" and inserting "under this title";

  (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501,
502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382,
1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734,
1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by
striking "not more than $500" each place it appears and inserting "under this
title";

  (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480,
483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599,
604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655,
656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836,
844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012,
1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306,
1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707,
1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by
striking "not more than $1,000" each place it appears and inserting "under
this title";

  (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 1154, 1156, 1381,
1542, 1543, 1544, 1545, 1586, 1621, 1622, 1702, 1708, 1709, 1920, 1921, 1923,
2071, 2193, 2233, 2386, and 2424 by striking "not more than $2,000" each
place it appears and inserting "under this title";

  (J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 1959 by
striking "not more than $3,000" and inserting "under this title";

  (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351,
435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498,
505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552,
592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799,
844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010,
1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363,
1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465,
1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659,
1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073,
2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by
striking "not more than $5,000" each place it appears and inserting "under
this title";

  (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351,
371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664,
665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963,
964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027,
1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587,
1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953,
1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274,
2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking "not more
than $10,000" each place it appears and inserting "under this title";

  (M) in section 1028 by striking "not more than $15,000" and
inserting "under this title";

  (N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and 2385 by
striking "not more than $20,000" each place it appears and inserting "under
this title";

  (O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and 2118 by
striking "not more than $25,000" each place it appears and inserting "under
this title";

  (P) in section 2118 by striking "not more than $35,000" and
inserting "under this title";

  (Q) in sections 1365, 1958, and 2118 by striking "not more than $50,000"
and inserting "under this title";

  (R) in section 951 by striking "not more than $75,000" and
inserting "under this title";

  (S) in sections 32, 1167, 1365, 2251, and 2344 by striking "not more
than $100,000" each place it appears and inserting "under this title";

  (T) in section 2251 by striking "not more than $200,000" and
inserting "under this title"; and

  (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, and 2701 by
striking "not more than $250,000" and inserting "under this title";

  (2)(A) in sections 3 and 373 by inserting "(notwithstanding section 3571)"
before "fined not more than one-half";

  (B) in section 113 by striking "fine of not more than" through the
immediately following dollar amount each place it appears and inserting "a
fine under this title";

  (C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by striking "of
not more than" through the immediately following dollar amount each place it
appears and inserting "under this title";

  (D) in section 201 by inserting "under this title or" after "be fined";
and by inserting "whichever is greater," before "or imprisoned";

  (E) in section 402 by striking "fine" the first place it appears and
inserting "a fine under this title";

  (F) in section 443 by striking "shall, if a corporation, be fined not more
than $50,000, and, if a natural person, be fined not more than $10,000" and
inserting "shall be fined under this title";

  (G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 652, 653, and 1711
by inserting "under this title or" after "be fined" the first place it
appears; and by inserting ", whichever is greater," before "or imprisoned the
first place it appears;

  (H) in sections 646 and 654 by inserting "under this title or" after "be
fined" the first place it appears; and by inserting "whichever is greater,"
before "or imprisoned" the first place it appears;

  (I) in section 1029 by striking "of not more than" through the immediately
following dollar amount each place it appears and inserting "under this
title"; and by inserting ", whichever is greater," before "or imprisonment"
each place it appears;

  (J) in section 2381 by inserting "under this title but" before "not less
than $10,000"; and

  (K) in section 3146(b)(1)(A)(iv) by striking "fine under this chapter" and
inserting "fined under this title".
                                                                   [pH8866]

  SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.

  (a) TITLE 31, U.S.C., AMENDMENTS.-

  (1) Section 5321(a)(5)(A) of title 31, United States Code, is amended by
inserting "any violation of" after "causing".

  (2) Section 5324(a) of title 31, United States Code, is amended-

  (A) by striking "section 5313(a), section 5325, or the regulations issued
thereunder or section 5325 or regulations prescribed under such section 5325"
each place it appears and inserting "section 5313(a) or 5325 or any
regulation prescribed under any such section"; and

  (B) by striking "with respect to such transaction".

  (b) AMENDMENT RELATING TO TITLE 31, U.S.C.-

  (1) Effective as of the date of enactment of the Annunzio-Wylie Anti-Money
Laundering Act, section 1517(b) of that Act is amended by striking "5314" and
inserting "5318".

  (2) Section 5239 of the Revised Statutes of the United States is amended
by redesignating the second subsection (c) (as added by section 1502(a) of
the Annunzio-Wylie Anti-Money Laundering Act) as subsection (d).
  SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND TRANSFER OF
CHILD ABUSE STATUTE OF LIMITATION.

  (a) IN GENERAL.-Section 3283 of title 18, United States Code, is amended
to read as follows:
  "3283. Child abuse offenses

  "No statute of limitations that would otherwise preclude prosecution for
an offense involving the sexual or physical abuse of a child under the age of
18 years shall preclude such prosecution before the child reaches the age of
25 years.".

  (b) CONFORMING REPEAL.-Section 3509(k) of title 18, United States Code, is
amended by striking the subsection heading and the first sentence and
inserting "STAY OF CIVIL ACTION.-".

  (c) TECHNICAL AMENDMENT.-The item in the chapter analysis for chapter 213
of title 18, United States Code, that relates to section 3283 is amended to
read as follows:



"3283. Child abuse offenses.".

  SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.

  (a) TECHNICAL CORRECTIONS.-Section 1956 of title 18, United States Code,
is amended-

  (1) in subsection (c)(7)(B)(iii) by inserting a close parenthesis
after "1978";

  (2) by redesignating the second subsection (g) as subsection (h); and

  (3) in subsection (a)(2) by inserting "not more than" before "$500,000".

  (b) CROSS REFERENCE CORRECTION.-Section 1956(c)(7)(D) of title 18, United
States Code, is amended by striking "section 9(c) of the Food Stamp Act of
1977" and inserting "section 15 of the Food Stamp Act of 1977".
  SEC. 330020. TECHNICAL ERROR.

  Section 1957(f)(1) of title 18, United States Code, is amended by striking
the comma that follows a comma.
  SEC. 330021. CONFORMING SPELLING OF VARIANTS OF "KIDNAP".

  Title 18, United States Code, is amended-

  (1) by striking "kidnaping" each place it appears and
inserting "kidnapping"; and

  (2) by striking "kidnaped" each place it appears and
inserting "kidnapped".
  SEC. 330022. MARGIN ERROR.

  Section 2512(2) of title 18, United States Code, is amended by realigning
the matter that begins with "to send through" and ends with "electronic
communications" so that it is flush to the left margin.
  SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF TITLE 18,
UNITED STATES CODE.

  (a) IN GENERAL.-Chapter 13 of title 18, United States Code, is amended-

  (1) in the chapter analysis so that the item relating to section 248 reads
as follows:



"248. Freedom of access to clinic entrances.";


  (2) so that the heading of section 248 reads as follows:
  "248. Freedom of access to clinic entrances"; and

  (3) in section 248(b) by inserting ", notwithstanding section 3571,"
before "be not more than $25,000".

  (b) EFFECTIVE DATE.-The amendments made by this subsection (a) shall take
effect on the date of enactment of the Freedom of Access to Clinic Entrances
Act of 1994.
  SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE ENACTMENT OF THE
DOMESTIC CHEMICAL DIVERSION CONTROL ACT OF 1993.

  (a) MISSING CONJUNCTION.-Section 102(39)(A)(iv) of the Controlled
Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended by striking the period
at the end and inserting "; or".

  (b) PUNCTUATION AND INDENTATION CORRECTION.-Section 102(34) of the
Controlled Substances Act is amended-

  (1) by moving subparagraphs (V) and (W) two ems toward the left margin;

  (2) in subparagraph (V) by striking "b" and inserting "B"; and

  (3) in subparagraph (W) by striking "n" the first place it appears and
inserting "N".

  (c) ERRONEOUS CROSS REFERENCES.-

  (1) Section 5(a) of the Domestic Chemical Diversion Control Act of 1993 is
amended by striking "section 1505(a)" and inserting "section 4".

  (2) Section 9(b) of the Domestic Chemical Diversion Control Act of 1993 is
amended by striking "Controlled Substances Act" and inserting "Controlled
Substances Import and Export Act".

  (d) CORRECTION OF AMENDATORY LANGUAGE.-

  (1) Section 2(a)(4)(B) of the Domestic Chemical Diversion Control Act of
1993 is amended by inserting "the first place it appears" before the
semicolon.

  (2) Section 5(b)(3) of the Domestic Chemical Diversion Control Act of 1993
is amended by striking "at the end" and inserting "after paragraph (4)".

  (e) MISSING CONFORMING AMENDMENT.-Section 304(g) of the Controlled
Substances Act is amended by inserting "or chemical" after "such substance"
in the last sentence.

  (f) EFFECTIVE DATE.-The amendments made by this section shall take effect
as of the date that is 120 days after the date of enactment of the Domestic
Chemical Diversion Control Act of 1993.
  SEC. 330025. VICTIMS OF CRIME ACT.

  (a) INCORRECT SECTION REFERENCE.-Section 1402(d)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by striking "1404(a)"
and inserting "1404A".

  (b) MISSING TEXT.-Section 1403(b)(1) of the Victims of Crime Act of
1984 (42 U.S.C. 10602(b)(1)) is amended by inserting after "domestic
violence" the following: "for-

  "(A) medical expenses attributable to a physical injury resulting from
compensable crime, including expenses for mental health counseling and care;

  "(B) loss of wages attributable to a physical injury resulting from a
compensable crime; and

  "(C) funeral expenses attributable to a death resulting from a compensable
crime".

  And the House agree to the same.

  That the Senate recede from its disagreement to the amendment of the House
to the title of the bill and agree to the same with an amendment as follows:

  In lieu of the matter proposed to be inserted by the amendment of the
House to the title of the bill, insert the following: "An Act to control and
prevent crime.".

  And the House agree to the same.
  Jack Brooks,
  Don Edwards,
  Bill Hughes,
  Charles Schumer,
  John Conyers,
  Pat Schroeder,
  Barney Frank,
  Michael N. Castle,

  As additional conferees from the Committee on Agriculture, for
consideration of sections 4601-08, 5105, and 5145 of the Senate amendment,
and modifications committed to conference:
  E de la Garza,
  Charlie Rose,
  Charlie Stenholm,
  Pat Roberts,
  Richard Pombo,

  As additional conferees from the Committee on Banking, Finance and Urban
Affairs, for consideration of sections 2201-04, 2301, and 4901-33 of the
Senate amendment, and sections 1031(b), 1038, and 1099AA-1099CC of the House
amendment, and modifications committed to conference:
  Henry Gonzalez,
  Stephen Neal,
  Bruce F. Vento,

  As additional conferees from the Committee on Education and Labor, for
consideration of sections 631-33, 662(e), 662(f), 811-16, 921-28, 1121-50,
1331, 2801-03, 3261, 3263, 3311, 3341, 3351, 3361, 3381-83, 3501, 3707,
4001-09, 4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122, 5135, 5140, 5142-43,
and 5147 of the Senate amendment, and sections 1010-26, 1030-34, 1038,
1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-1099O, 1099P-1099T, 1606, 1610,
1653-54, 1902(e), 1902(f), 2201-02, 2701-39, 3061-62, 3089-90, of the House
amendment, and modifications committed to conference:
  William D. Ford,
  Dale E. Kildee,

  As additional conferees from the Committee on Energy and Commerce, for
consideration of sections 1503-04, 1511-23, 1532, 1534-35, 1537, 1902(e),
3101-03, 3261, and 5166 of the Senate amendment, and sections 1010-26,
1041-44, 1606, 2901-03, and 3086 of the House amendment, and modifications
committed to conference:
  John D. Dingell,
  Henry A. Waxman,
  Cardiss Collins,

  As additional conferees from the Committee on Government Operations, for
consideration of sections 1353-54, 1535, and 5150 of the Senate amendment,
and sections 1075-76 of the House amendment, and modifications committed to
conference:

  Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr. Waxman and
Mr. Clinger solely for the consideration of sections 1535 and 5150 of the
Senate amendment.
  John M. Spratt, Jr.,

  As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of sections 713-15, 4601-08, 5105, and 5145 of
the Senate amendment, and modifications committed to conference:
  Gary E. Studds,
  George Hochbrueckner,

  As additional conferees from the Committee on Natural Resources, for
consideration of sections 3232-33, 4601-08, and 5145 of the Senate amendment
and sections 1099U-1099Z of the House amendment, and modifications committed
to conference:
  George Miller,
  Bruce Vento,
  Karen Shepherd,
  Don Young,

  Provided, Ms. English of Arizona is appointed in lieu of Ms. Shepherd
solely for the consideration of sections 4601-08 of the Senate amendment.
  Karen English,

  Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd solely for the
consideration of sections 1099U-1099Z of the House amendment.
  Maurice Hinchey,

  As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 1352 and 3371 of the Senate amendment,
and modifications committed to conference:
  William Clay,
  Frank McCloskey,
  Eleanor H. Norton,
  Constance Morella,

  As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 1533, 1536, and 3231 of the
Senate amendment, and section 1801 of the House amendment and modifications
committed to conference:
  Norman Y. Mineta,
  Nick Rahall,
  Bud Shuster,
  Thomas E. Petri,

  As additional conferees from the Committee on Rules, for consideration of
sections 1353-54 of the Senate amendment, and modifications committed to
conference:
  Butler Derrick,

  As additional conferees from the Committee on Ways and Means, for
consideration of sections 311(b), 1502, 1515-16, 1802, 4702(e)(1), 5102, and
5113 of the Senate amendment, and modifications committed to conference:
  Dan Rostenkowski,
  Sam Gibbons,
  J.J. Pickle,
  Managers on the Part of the House.
                                                                   [pH8867]

  Joseph R. Biden, Jr.,
  Ted Kennedy,
  Howard Metzenbaum,
  Dennis DeConcini,
  Pat Leahy,
  Managers on the Part of the Senate.

          JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE


  The managers on the part of the House and the Senate at the conference on
the disagreeing votes of the two Houses on the amendment of the House to the
bill (HR3355), to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to enhance
public safety, submit the following joint statement to the House and the
Senate in explanation of the effect of the action agreed upon by the managers
and recommended in the accompanying conference report:

                      TITLE I-PUBLIC SAFETY AND POLICING


  House sections 1401-02 recede to Senate sections 101-02 and that portion
of section 103 dealing with "Cops on the Beat" with the following
modifications: the minimum amount for each qualified State is 0.5 percent;
all applications will be direct to the Attorney General with special
provisions for expedited submission and approval of applications from
America's small jurisdictions as well as for small grants for non-police
hiring; cost per police officer shall be limited to $75,000 which may be
expended for periods up to five years; hiring funds may also be used to train
new career law enforcement officers for community policing; 50 percent of the
monies must be granted to jurisdictions with populations over 150,000, the
remaining 50 percent must be allocated to jurisdictions with populations of
150,000 or less; the addition of the House provision regarding coordination
of other Federal programs; a revised minority recruitment section; the
addition of Indian tribal governments; and other modifications.

  The Conferees are particularly concerned about those areas where members
of racial and ethnic minority groups and women are highly under-represented
in the law enforcement agency's sworn positions. The Conferees encourage the
Attorney General to review this matter carefully in the applications from
such areas.

  One of the modifications permits additional flexibility in the use of
grant funds. The Conferees were informed that, in some police departments,
payment of overtime or purchase of computers or other technology or the
employment of support personnel will enable officers to be deployed, or
redeployed from non-patrol assignments, to community-oriented policing
assignments. The additional flexibility is intended to achieve that goal.

  Thus, in addition to the use of grant funds pursuant to 1701(b) to hire or
rehire police officers, a limited amount of such funds can be used for the
payment of overtime or procurement of equipment, technology or support
systems or support personnel, provided that expenditures for such purposes
enable additional officers to be deployed to community-oriented policing
assignments. The Conferees also note that, in appropriate circumstances, the
permissible uses of the funding pursuant to section 1701(d) could also
include payment for overtime.

  The Conferees intend that the Attorney General, in awarding grants that
will be used for redeployment purposes, take into consideration the extent to
which police departments are committed to consultation about such
redeployment with representatives of local labor organizations that represent
police officers.

  The Conferees also note Congress has found with regard to this title
that: (1) according to data compiled by the Federal Bureau of Investigation,
in 1961, there was approximately 1 reported violent crime per city police
officer; but, while from 1961-1991 there was no substantial increase in
United States cities' police employment rate, during the same period the
number of reported violent crimes per city police officer rose to
approximately 4.6 per officer; (2) National Crime Survey figures indicate
that nearly 5,000,000 households in the United States had at least 1 member
who had been a victim of violent crime during 1991; (3) these victims of
violence experienced more than 6,400,000 crimes of which about one-half were
reported to law enforcement authorities; (4) community-oriented
policing ("cops on the beat") enhances communication and cooperation between
law enforcement and members of the community; (5) such communication and
cooperation between law enforcement and members of the community
significantly assists in preventing and controlling crime and violence, thus
enhancing public safety; and (6) while increasing and maintaining police
resources and presence in the community are the long-term responsibility of
State and local governments, State and local law enforcement agencies are in
need of immediate assistance to begin the process of rehiring officers who
have been laid off for budgetary reasons and hiring new, additional officers
to assist in the implementation of community-oriented policing.
                                                                   [pH8868]


                               TITLE II-PRISONS


            SUBTITLE A-VIOLENT OFFENDER INCARCERATION AND TRUTH IN
                         SENTENCING INCENTIVE GRANTS


  Senate sections 1321 and 1341 recede to House sections 601-05 and 801-04
with modifications.

                  SUBTITLE B-PUNISHMENT FOR YOUNG OFFENDERS


  Senate section 1203, Certainty of Punishment for Young Offenders, recedes
to House sections 2101-03 with modifications.

                        SUBTITLE C-ALIEN INCARCERATION


  Senate section 5136, reimbursement for the costs of incarcerating criminal
illegal aliens, recedes to House section 2403 with modifications to change
the compensation criteria and funding provision.

                           SUBTITLE D-MISCELLANEOUS


  Section 20401-House recedes to Senate section 1301, offender's place of
imprisonment.

  Section 20402-House recedes to Senate section 1302, prison impact
statements, with modification.

  Section 20403-House recedes to Senate section 1305, criminal fines to
account for the cost of imprisonment.

  Section 20404-House recedes to Senate section 1325, supervised release
pertaining to probation or parole.

  Section 20405-House recedes to Senate section 5101, "good time credits,"
with modification.

  Sections 20406-07-House section 3046 recedes to Senate section 5107, task
force on prison design and construction and section 5112, encouraging and
assessing low-cost construction components, with modifications. The Conferees
note the sense of Congress that, in providing assistance to State and local
governments, the Attorney General should emphasize the provision to technical
assistance in implementing methods to promote cost efficiency and realization
of savings.

  Section 20408-House recedes to Senate section 5120, panel of correctional
educational experts, with modification.

  Section 20409-House section 3080, prison overcrowding, recedes to Senate
section 5139. The Conferees note that this section has no effect on the
certification or success of class action lawsuits.

  Section 20410-House recedes to Senate section 5149, Sense of Senate
regarding prison facilities in Lorton, with technical modifications.

  Section 20411-Senate section 5135, Pell grants, recedes to House section
3089.

  Section 20412-Senate recedes to House section 3095, requiring prisoners to
earn a high school diploma or G.E.D., with modifications.

  Section 20413-Senate recedes to House section 3021 with modifications to
delete subsection (c), remove limit on facilities suitable for conversion,
and conforming modifications.

  Section 20414-House recedes to Senate section 1303 with modification.

  Section 20415-House recedes to Senate section 1801-02, Bail Posting
Reporting, with modifications to the reporting requirements regarding the
Internal Revenue Service.

  Section 20416-House sections 3070-74, Civil Rights of Institutionalized
Persons, recede to Senate section 5103 with modification to change
subsection (b) to conform with current law.

  Section 20417-House recedes to Senate section 1324, notification of
release of prisoners, with modification to lodge responsibility in the
appropriate Federal entity.

  Section 20418-House recedes to Senate sections 4701-02, Correctional Job
Training and Placement, with technical modification. The Conferees note with
respect to this provision Congress finds that job training and placement are
important to, and make a significant contribution to, the readjustment to
society of incarcerated persons and ex-offenders; and there is a growing need
for immediate action by the Federal Government to assist State and local job
training programs, and job placement programs, that provide services to
incarcerated persons or ex-offenders.

  Senate section 1322, NIJ study of inmate transfers, recedes to House.

  Senate section 1323, NIJ study of recidivism rates, recedes to House.

  Senate section 5125, use of anti-loitering laws, recedes to House.

  Senate section 5113 recedes to House.

  Senate section 5138, improvement of Federal and State fingerprinting
systems, recedes to House.

  Senate section 5153, Sense of Senate regarding Federal Prison Industries,
recedes to House.

  Senate section 5165, reviewing capacity of Federal prisons to accommodate
State prisoners, recedes to House.

  House section 3066, strength training in prisons, recedes to Senate.

  It is the intent of the Conferees that, with the exception of Subtitle B
of Title II (which provides for correctional programming for offenders up to
the age of 22), all programs and activities for juvenile offenders funded
under this legislation shall be carried out in a manner consistent with the
mandates of the Juvenile Justice and Delinquency Prevention Act (42 U.S.C.
5600 et seq.).

                          TITLE III-CRIME PREVENTION


                    SUBTITLE A-OUNCE OF PREVENTION COUNCIL


  Section 30101-House section 1010 recedes to Senate section 103, Ounce of
Prevention, with modifications including to: (1) give President the authority
to designate chair, (2) give authority to the Council to coordinate any
program under the bill, but only at the request of the Council member with
jurisdiction over the program; (3) revise Council's administrative
responsibilities or powers; (4) revise evaluation component.

  The Conferees note the work of the National Crime Prevention Council,
which serves as a resource center for the prevention of crime, violence, and
substance abuse. Such work is reflected in the design of a variety of
programs in this bill.

  Section 30102-04-Senate recedes to House section 1011 with modifications.

            SUBTITLE B-LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM


  Section 30201-08-Conferees consolidate various House and Senate crime
prevention programs in a Local Crime Prevention Block Grant Program. The
Attorney General is to allocate funds directly to units of local government
based on the number of violent crimes and at-risk children. Funds are
permitted to be used to carry out one or more of the purposes of the
following House and Senate provisions: Senate section 633, Youth Development
Centers; Senate section 5143, Olympic Youth Development Centers; Senate
section 631, Juvenile Drug and Gang Prevention Grants; Senate sections
4001-09, Child Safety; House sections 1065-71, National Triad Program; House
sections 1099I-990, Gang Prevention Services for Boys and Girls; House
sections 1081-96, Youth Employment and Skills Crime Prevention; House section
1038, Midnight Sports; House sections 1099P-99T, Anti-Crime Youth Councils;
House sections 1099A-99C, Boys and Girls Clubs in Public Housing; House
sections 1099B-99G, Hope in Youth; House proposal regarding Safe Senior
Corridors; and House sections 1030-34, Police Partnerships and Safe Low
Income Housing.

                                 CHILD SAFETY


  The Conferees note that the problem of family violence does not
necessarily cease when the victimized family is legally separated, divorced,
or otherwise not sharing a household. During separation and divorce, family
violence often escalates, and child custody and visitation become the new
forum for the continuation of abuse. Some perpetrators use the children as
pawns to control the abused party after the couple is separated. Every year
an estimated 1,000 to 5,000 children are killed by their parents in the
United States. In 1988, the Department of Justice reported that 354,100
children were abducted by family members who violated custody agreements or
decrees (most victims were children from ages 2 to 11 years). Approximately
160,000 children are seriously injured or impaired by abuse or neglect each
year. Studies by the American Humane Association indicate that reports of
child abuse and neglect have increased by over 200 percent from 1976 to 1986;
approximately 90 percent of children in homes in which their mothers are
abused witness the abuse. Data indicates that women and children are at
elevated risk for violence during the process of and after separation; and 50
to 70 percent of men who abuse their spouses or partners also abuse their
children. Up to 75 percent of all domestic assaults reported to law
enforcement agencies were inflicted after the separation of the couples; in
one study of spousal homicide, over half of the male defendants were
separated from their victims, seventy-three percent of battered women seeking
emergency medical services do so after separation.

                               THE TRIAD MODEL


  The Conferees note that Triad cooperative models are sponsored by the
National Sheriff's Association (NSA), the International Association of Chiefs
of Police (IACP), and the American Association of Retired Persons (AARP).

  The Conferees also note that older Americans are among the most rapidly
growing segments of our society; currently, older Americans comprise 15
percent of our society, and predictions are that by the turn of the century
they will constitute 18 percent of the nation's population; older Americans
find themselves uniquely situated in the society, environmentally and
physically; many older Americans are experiencing increased social isolation
due to fragmented and distant familial relations, scattered associations,
limited access to transportation, and other insulating factors; physical
conditions such as hearing loss, poor eyesight, lessened agility, and chronic
and debilitating illnesses often contribute to a senior citizen's
susceptibility to criminal victimization; older Americans are too frequently
the victims of abuse and neglect, violent crime, property crime, consumer
fraud, medical quackery, and confidence games; studies have found that older
Americans who are victims of violent crime are more likely to be injured and
require medical attention than are younger victims; victimization data on
crimes against older Americans are incomplete and out of date, and data
sources are partial, scattered, and not easily obtained; although a few
studies have attempted to define and estimate the extent of abuse and neglect
of older Americans, both in their homes and in institutional settings, many
experts believe that abuse and neglect crimes are substantially underreported
and undetected; similarly, while some evidence suggests that older Americans
may be targeted in a range of fraudulent schemes, neither the Uniform Crime
Report nor the National Crime Survey collects data on individual- or
household-level fraud; many law enforcement agencies do not have model
practices for responding to the criminal abuse of older Americans; law
enforcement officers and social service providers come from different
disciplines and frequently bring different perspectives to the problem of
crimes against older Americans; the differences in approaches can inhibit a
genuinely effective response; there are a few efforts currently under way
that seek to forge partnerships to coordinate criminal justice and social
service approaches to victimization of older Americans; the Triad program,
sponsored by the National Sheriffs' Association (NSA), the International
Association of Chiefs of Police (IACP), and the American Association of
Retired Persons (AARP), is one such effort; the Assistant Secretary for
Aging, as the senior executive branch officer formulating older Americans
policy is an appropriate leader in efforts to reduce violent crime against
older Americans; and recognizing that older Americans have the same
fundamental desire as other members of our society to live freely, without
fear or restriction due to the criminal element, the Federal government
should seek to expand efforts to reduce crime against this growing and
uniquely vulnerable segment of our population.
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                 GANG PREVENTION SERVICES FOR BOYS AND GIRLS


  The Conferees note that services provided through existing federally
supported gang prevention programs do not adequately address the needs of
boys and girls in communities with high levels of gang activity and other
barriers to service (such as large concentrations of minority populations who
have limited English speaking proficiency, geographically isolated
populations, and communities in which social service providers are limited or
nonexistent); children who are exposed to gang activity at an early age are
more likely to become gang-involved than children who are exposed to such
activity later in life, or children who are never exposed to such activity;
gangs are increasingly targeting younger children for recruitment, especially
children at middle schools and elementary schools; Federal studies indicate
that violent crime has increased more significantly in the gang population
compared to the adult population; and small community-based service agencies
with strong ties to the educational and law enforcement systems offer the
best chance to prevent young children from becoming involved in gangs.

                                HOPE IN YOUTH


  The Conferees note that larger cities around the country, particularly
those involved in empowerment zones, are attempting to empower low-income and
ethnic minority communities; programs that involve local government and local
community leaders and that include significant participation by service
providers, service participants, and service funders, as equal partners in
the design and direction of a myriad of social service support programs have
been among the most effective demonstration models; programs that attempt to
link disenfranchised and disconnected citizens through an umbrella
organization that provides guidance to public and private service providers
have proven to be an effective strategy for empowering local low-income
communities; families in low-income communities have not attained their full
potential as productive citizens, and Federal efforts thus far have been
insufficient to assist them in fully realizing that potential.

                             POLICE PARTNERSHIPS


  The Conferees note that homicide is the second leading cause of juvenile
injury deaths for all youth 15 to 24 years of age. Homicide rates for
children and youth have more than doubled since 1950. Teenagers are more than
twice as likely as adults to be victims of violent crime, such as rape,
robbery or assault. Physical fighting severe enough to require medical
treatment for at least one participant occurs among high school students in
patterns similar to those of homicide. The incidence rates of such physical
fighting are higher for males than females, higher for minorities than for
nonminorities, and more frequent between acquaintances than among strangers.
Children increasingly live amidst chronic community violence and experience
trauma as a result of such violence. One survey of inner-city children 6 to
10 years of age found that over 90 percent had witnessed some type of
violence. A Chicago housing project survey found that virtually all children
in such survey had firsthand experiences with shootings by the age of 5.
Children who have been the victims of, or who have witnessed violence, are at
risk of becoming involved in further violence if the trauma such children
have experienced is not addressed. Police frequently encounter children who
have been the victims of violence or who have witnessed violence in the
course of the police work, but the police often lack the resource necessary
to adequately respond to such children's needs. Child and family service
agencies have expertise in child development and family issues that could
support police efforts. Community-based police, by their visibility at the
neighborhood level and their engagement in benign activities, can provide
role models and resources to promote the well-being of children and families,
as well as to identify and refer those at risk for behavioral problems.

                  SUBTITLE C-MODEL INTENSIVE GRANT PROGRAMS


  Senate recedes to House sections 1001-07, Model Intensive Grants, with
modifications to add a provision ensuring equitable distribution of grants;
to include a definition of the term "State"; and to permit consultation with
the Ounce of Prevention Council.

            SUBTITLE D-FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
                                   PROGRAM


  House sections 1015-24, Community Schools, recede to Senate section 5142
with modifications which include dividing the program into two separate
programs: (1) Community Schools, with responsibility lodged in the Secretary
of Health and Human Services in consultation and coordination with the
Attorney General, and (2) Family and Community Endeavor Schools (FACES), with
responsibility lodged in the Secretary of Education.

                              COMMUNITY SCHOOLS


  The Conferees note the sense of the Congress with regard to Community
School that public-private partnerships between government and
community-based organizations offer an opportunity to empower distressed and
disconnected communities to develop their resources and abilities in order to
meet the needs of children, forge innovative solutions to the challenges
confronting the development of the children in such communities, and create
environments where children grow up learning a healthy respect for
themselves, for neighbors, and for their communities; increased resources
should be invested in public-private partnerships; and community-based
organizations, acting through such public-private partnerships should provide
year-round supervised sports programs, and extracurricular and academic
programs, for children in the communities, and in providing such
extracurricular and academic programs, should promote the positive character
development of such children through programs such as curriculum-based
supervised educational, work force preparation, entrepreneurship, cultural,
and health programs, social activities, arts and crafts programs, dance
programs, tutorial and mentoring programs, and other related activities.

  The Conferees also note that Congress has found with regard to this
program the following: parents are devoting less time than in previous
generations to the supervision, education, and nurturing of their children;
the lack of supervision and meaningful activity after school contributes to
the spread of violent juvenile delinquency in the form of youth and gang
violence, drug trafficking, dangerous and self-destructive behavior, and lack
of hope among children in our Nation; every child has the capacity to be
productive and law abiding and deserves to grow in a safe and protected
environment; communities have a responsibility to develop the children of our
Nation into productive adults; because of their centrality, public schools
are among the best facilities that communities can use to provide needed
space and support services for programs for children; schools are most
effective at serving a community when the people of the community are
involved in activities designed to fulfill the needs of children in the
community; and activities provided in community centers, recreational
facilities, and other places where children gather, have a significant impact
and influence on the behavior and attitudes of children.

                   FAMILY AND COMMUNITY ENDEAVORS SCHOOLS


  The Conferees note that Congress has found with regard to this program
that: (1) children in areas with a high incidence of poverty are more likely
to be exposed to problems created by economic deprivation, poor housing,
overwhelming family responsibilities, inadequate parental educational
background or parental substance abuse and are at risk of failure; (2)
students from poor families are 3 times more likely to drop out of school
than students from more advantaged homes; (3) without social intervention,
at-risk children are often unable to improve academic performance; (4)
schools are accessible, central resources in every community where social and
education services can be coordinated and disseminated to at-risk children
and their families; (5) schools are most effective at serving a community
when the people of the community are involved in school management and help
design activities to fulfill the needs of children in the community; and (6)
many schools have successfully improved the academic performance and social
development of at-risk children by instituting an organizational and
management plan that incorporates parental involvement in school management
and incorporates mental health and social intervention services in the daily
academic curriculum.

           SUBTITLE G-ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH


  Senate recedes to House sections 1051-52, Assistance for Delinquent and
At-Risk Youth, with technical modification.

                       SUBTITLE H-POLICE RECRUITMENT


  Senate recedes to House sections 1061-62, Police Recruitment, with
technical modification. The term `non-profits' includes, but is not limited
to, public institutions of higher education that so qualify under section
501(c)(3) of the Internal Revenue Code.
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                      SUBTITLE J-LOCAL PARTNERSHIP ACT


  Senate recedes to House section 1075-76, Local Partnership Act, with
various modifications including the clarification of the purposes for which
funds under this program can be used. The Local Partnership Act ("LPA") is
authorized for fiscal years 1995 through 2000 rather than for fiscal years
1995 and 1996. At the request of the Administration, the LPA will be
administered by the Secretary of Housing and Urban Development ("HUD") rather
than the Secretary of Treasury, and HUD may delegate some or all of its
administrative responsibilities to other Executive branch departments and
agencies. Two and one-half percent of the total funds authorized for the LPA
are authorized to be appropriated for fiscal years 1995 through 2000 for
administrative costs of HUD in administering the LPA. Checks will be sent to
local governments by HUD within 90 days of the actual appropriation of funds
rather than 60 days. Technical changes are made in the LPA's allocation
formula so that HUD will be able to replicate for fiscal year 1995 the dollar
allocations to 39,000 local governments produced by the General Accounting
Office ("GAO") on April 25, 1994; for later years HUD is free to use more
reliable data-if available-than the data used by GAO.

  The Conferees note that, in some areas of the country, public functions
such as transportation, education, and hospitals are supported by property or
sales taxes collected by separate taxing jurisdictions. The Conferees expect
HUD, in consultation with the Governments Division of the Bureau of the
Census, to report to the Committee on Government Operations on the operation
of the Local Partnership Act in such areas and to include in its report any
suggestions on changes to the statutory definition of the general tax effort
factor.

  The Conferees agreed to an amendment dealing with payments of less
than $5,000 to Indian tribes and Alaskan native villages.

  The Conferees also agreed to an amendment providing that GAO will report
to Congress on a comparison of waste and efficiency under the LPA compared to
other comparable Federal programs.

  The Local Partnership Act contains a one percent set-aside for the
Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands.
The allocation formula for local governments within the 50 States does not
apply to these four jurisdictions. The Conferees expect, however, that
objective criteria, such as population and/or per capita income, will be used
to ensure an equitable distribution of these funds regrading the local
governments within these four jurisdictions.

            SUBTITLE K-NATIONAL COMMUNITY ECONOMIC PARTNERSHIP


  House recedes to Senate sections 4901-33, Community Economic Partnership
Act.

               SUBTITLE O-URBAN RECREATION AND AT-RISK YOUTH


  Senate recedes to House sections 1099U-99Z, Urban Recreation and At-Risk
Youth, with modifications.

             SUBTITLE Q-COMMUNITY BASED GRANTS FOR PROSECUTORS


  Senate recedes to House sections 1099DD-99KK, Community Based Justice
Grants for Local Prosecutors, with modifications.

               SUBTITLE S-FAMILY UNITY DEMONSTRATION PROJECT


  House recedes to Senate sections 4101-22, Family Unity Demonstration
Project, with the following modifications: a child is defined as less than
seven years of age; the definition of eligible offender as well as the
definition of a State are clarified; the Attorney General is designated as
the responsible official; and technical modification.

  The Conferees note that Congress finds with regard to this program an
increasing number of children are becoming separated from their primary
caretaker parents due to the incarceration of the parents in prisons and
jails; such separation of children from their primary caretaker parents can
cause harm to children's psychological well-being and hinder their growth and
development; a significant number of children are born shortly before or
during the incarceration of their mothers and are then quickly separated from
their mothers, preventing the parent-child bonding that is crucial to
developing in children a sense of security and trust; maintaining close
relationships with their children provides a powerful incentive for prisoners
to participate in and successfully benefit from rehabilitative programs; and
maintaining strong family ties during imprisonment has been shown to decrease
recidivism, thereby reducing prison costs.

          SUBTITLE T-SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS


  Senate section 1304, Drug Treatment in Federal Prisons, recedes to House
section 2001 with modifications to subject the program to the availability of
appropriations, to require the Bureau of Prisons to provide residential
treatment, and to limit the early release incentive for successful program
completion to non-violent offenders.

  The authority provided to the Bureau of Prisons under this section is not
to be construed as limiting any authority already possessed by the Bureau of
Prisons with respect to the release of inmates.

          SUBTITLE U-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
                                 PRISONERS


  Senate section 1204 recedes to House sections 2301-02, Substance Abuse
Treatment in State Prisons, with modifications to clarify that certain local
detention facilities are eligible; extend the time for approval of an
application to not later than 90 days; change the time period for residential
substance abuse treatment programs to those lasting between 6 and 12 months;
and designate the Attorney General as the responsible official.

              SUBTITLE V-PREVENTION, DIAGNOSIS, AND TREATMENT OF
                 TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS


  House recedes to Senate section 5121, tuberculosis prevention, with
modification to include National Institute of Corrections rather than
National Institute of Justice.

             SUBTITLE X-GANG RESISTANCE EDUCATION AND TRAINING


  House recedes to Senate section 5163, Gang Resistance Education and
Training Projects, with modifications. The Conferees intend that the
Secretary of the Treasury will consult with the Director of the BATF
regarding the selection of communities for participation in this program.

                       TITLE IV-VIOLENCE AGAINST WOMEN


                      SUBTITLE A-SAFE STREETS FOR WOMEN


                  CHAPTER 1-FEDERAL PENALTIES FOR SEX CRIMES


  Section 40111-House recedes to Senate section 3211, increasing penalties
for repeat offenders, with modifications regarding foreign country
convictions.

  Section 40112-House recedes to Senate section 3212, Federal penalties.

  Section 40113-House section 1609 recedes to Senate sections 3213 and the
restitution provisions of 3321 and 3704-05, with modifications including: if
a court finds a defendant is unable to pay any amount of restitution under
any reasonable schedule of payments, the court must enter an order providing
for a nominal restitution award; victims are permitted to enforce restitution
awards; victims can recover costs in obtaining civil protection orders; the
provision on compensation to third party payers is eliminated; privacy of
records is expanded; compliance with a restitution order is made a condition
of probation or supervised release; petition to modify order is added; court
authority to refer, subject to de novo review, a matter to a magistrate or
special master is added.

  Section 40114-House recedes to Senate section 3214, Federal victims'
counselors.

          CHAPTER 2-LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE
                         VIOLENT CRIMES AGAINST WOMEN


  House recedes to Senate section 3221, grants to combat violent crimes
against women, with the following modifications: the merger of three grant
programs in Senate bill: grants for high intensity crime areas, general
grants to States, and Domestic Violence and Family Support Grants (3341); the
addition of purposes to strengthen victim services programs in diverse
populations, and programs addressing the needs of Indian tribes; the addition
of a matching fund requirement (which tribal governments may satisfy with
Federal funds from the Bureau of Indian Affairs); and the designation of the
Attorney General as the responsible official. With regard to the matching
fund requirement, the Conferees intend that in disbursing grants for
nongovernmental victim services, States shall not pass through to the
subgrantees the amount of any required State match. With regard to this
program, the Conferees acknowledge the critical role probation agencies play
in monitoring and controlling the perpetrators of family violence; the
Conferees intend that probation agencies receive appropriate consideration
under this program.

  Senate section 3262 recedes to House sections 1603-04, rape exam payments
and filing costs, with modifications to extend the requirements to units of
local government and Indian tribal governments except (in the case of rape
exams) where another governmental entity incurs the costs of the exams; and
to give States a period for bringing laws, policies, and practices into
compliance with filing cost requirements.

           CHAPTER 3-SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
                                    PARKS


  Section 40131-House recedes to Senate section 3231, grants for capital
improvements to prevent crime in public transportation, with modification to
clarify that Trust Fund money is not available for this program, and other
modifications.

  Section 40132-House recedes to Senate section 3232, National Park System
Crime Prevention Assistance, with modification to clarify that Trust Fund
money is not available for this program.

  Section 40133-House recedes to Senate section 3233, Grants for Capital
Improvements to Prevent Crime in Public Parks, with modification to clarify
that Trust Fund money is not available for this program.

                       CHAPTER 4-NEW EVIDENTIARY RULES


  Section 40141-House recedes to Senate sections 3251-3254 and 3706 with a
modification to substitute the revisions of Federal Rule of Evidence 412 as
transmitted to Congress by the Supreme Court on April 29, 1994 with an
additional modification to extend evidentiary protection to civil cases (as
proposed by the Judicial Conference of the United States to the Supreme Court
on October 25, 1993). The Conferees intend that the Advisory Committee Note
on Rule 412, as transmitted by the Judicial Conference of the United States
to the Supreme Court on October 25, 1993, applies to Rule 412 as enacted by
this section. This section, which modifies Rule 412 of the Federal Rules of
Evidence as transmitted to the Congress by the United States Supreme Court,
is enacted pursuant to the Rules Enabling Act.
                                                                   [pH8871]


              CHAPTER 5-ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT


  Section 40151-House recedes to Senate section 3261, Education and
Prevention Grants to Reduce Sexual Assaults Against Women, with modification
to allocate funds to States on the basis of population.

  Section 40152-House recedes to Senate section 1607, National Institute of
Justice Training Program, to assist court personnel in treating sex
offenders.

  Section 40153-House recedes to Senate proposal regarding confidentiality
of communications between sexual assault or domestic violence victims and
their counselors, with modifications.

  Section 40154-House recedes to Senate section 1608 with regard to
information about sex offender treatment programs.

  Section 40155-House recedes to Senate section 3263 with modification to
make runaway youth education and prevention grants gender-neutral and to
cover juveniles.

  Section 40156-House recedes to Senate section 5126, Victims of Child Abuse
Act, with modifications.

                       SUBTITLE B-SAFE HOMES FOR WOMEN


                CHAPTER 1-NATIONAL DOMESTIC VIOLENCE HOTLINE


  Section 40211-House section 1653 recedes to Senate section 3311, grant for
a national domestic violence hotline, with modifications as follows: (1) a
grant may extend for 5 years, subject to annual approval; (2) applicants must
include a plan for assisting non-English speaking callers and the
hearing-impaired; and (3) applicants must demonstrate support from advocacy
groups, such as State coalitions and recognized national domestic violence
groups. The Conferees note Congress has found with regard to this program
that (1) 4,000,000 women are battered by their partners each year, of which
4,000 die as a result of such abuse; (2) victims of domestic violence need
access to resources which will refer such victims and their children to safe
homes and shelters; and (3) there is a need for a national domestic violence
hotline to provide  information and assistance to victims of domestic
violence because a privately funded national domestic violence hotline which
previously handled more than 65,000 crisis calls annually no longer exits.

                      CHAPTER 2-INTERSTATE ENFORCEMENT


  Section 40221-Senate section 3321, Interstate Enforcement, recedes to
House section 1622 with modifications including: the addition of penalties
for causing the crossing of State lines to commit a crime of violence; the
revision of the new Federal crime for crossing a State line; the addition of
a penalty where the crime results in disfigurement or life-threatening bodily
injury; the modification of the mandatory restitution provisions to comport
with the mandatory restitution provisions for sex crimes and crimes involving
the sexual exploitation and abuse of children; and the modification of the
definition of "spouse or intimate partner."

            CHAPTER 3-ARREST POLICIES IN DOMESTIC VIOLENCE CASES


  Section 40231-Senate section 3331 recedes to House section 1623, grants to
encourage arrest polices, with modifications to include a two-year period for
grantees to comply, and a modification to the definition of "domestic
violence."

                           CHAPTER 4-SHELTER GRANTS


  Section 40241-House recedes to Senate section 3341(j), authorizing money
for battered women's shelters. (The remainder of Senate section 3341 was
incorporated into Subtitle A, Chapter 2, of this title.)

                          CHAPTER 5-YOUTH EDUCATION


  Section 40251-House recedes to Senate section 3361, youth education and
domestic violence, with modification to permit the Secretary of Health and
Human Services to consult with the Secretary of Education to select,
implement, and evaluate four model programs.

              CHAPTER 6-COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE


  Section 40261-House section 1654 recedes to Senate section 5140, community
programs on domestic violence, with modifications. Senate section 5122 is
deleted as duplicative.

            CHAPTER 7-FAMILY VIOLENCE PREVENTION AND SERVICES ACT
                                 AMENDMENTS


  Section 40271-House recedes to Senate section 3351, grantee reporting.

  Section 40272-House recedes to Senate sections 3381-83, technical
amendments.

                 CHAPTER 8-CONFIDENTIALITY FOR ABUSED PERSONS


  Section 40281-House recedes to Senate section 3371, confidentiality for
abused persons, with modification to give Postal Service additional
regulatory guidance.

                         CHAPTER 9-DATA AND RESEARCH


  Section 40291-House recedes to Senate section 3391, data and research
agenda, with modification to include diversity considerations for panel and
to require the issuance of a report no later than 12 months rather than 9
months after enactment.

  Section 40292-House recedes to Senate section 3392, State data bases, with
modification to place responsibility for the study and report with the
appropriate Department of Justice entities.

  Section 40293-House recedes to Senate section 3393, number and cost of
injuries.

              CHAPTER 10-RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
                                 ENFORCEMENT


  Section 40295-House section 2521 recedes to Senate section 1421, rural
domestic violence and child abuse enforcement assistance.

                      SUBTITLE C-CIVIL RIGHTS FOR WOMEN


  Sections 40301-03-House recedes to Senate sections 3401-03, Civil Rights.
The Conferees note that the applicable standard of proof in a civil rights
cause of action under this section is preponderance of the evidence. The
Conferees also note that the Congress has found that crimes of violence
motivated by gender constitute bias crimes in violation of the victim's right
to be free from discrimination on the basis of gender; current law provides a
civil rights remedy for gender crimes committed in the workplace, but not for
crimes of violence motivated by gender committed on the street or in the
home; State and Federal criminal laws do not adequately protect against the
bias element of crimes of violence motivated by gender, which separates these
crimes from acts of random violence, nor do these adequately provide victims
of gender-motivated crimes the opportunity to vindicate their interests;
existing bias and discrimination in the criminal justice system often
deprives victims of crimes of violence motivated by gender of equal
protection of the laws and the redress to which they are entitled; crimes of
violence motivated by gender have a substantial adverse effect on interstate
commerce, by deterring potential victims from traveling interstate, from
engaging in employment in interstate business, and from transacting with
business, and in places involved, in interstate commerce; crimes of violence
motivated by gender have a substantial adverse effect on interstate commerce,
by diminishing national productivity, increasing medical and other costs, and
decreasing the supply of and the demand for interstate products; a Federal
civil rights action as specified in this section is necessary to guarantee
equal protection of the laws and to reduce the substantial adverse effects on
interstate commerce caused by crimes of violence motivated by gender; and the
victims of crimes of violence motivated by gender have a right to equal
protection of the laws, including a system of justice that is unaffected by
bias or discrimination and that, at every relevant stage, treats such crimes
as seriously as other violent crimes.

  Section 40304-House recedes to Senate section 3404, Sense of the Senate
concerning protection of privacy of rape victims, with technical
modifications. The Conferees note that the Senate finds with regard to this
provision that: (1) there is a need for a strong and clear Federal response
to violence against women, particularly with respect to the crime of
rape; (2) Rape is an abominable and repugnant crime, and one that is severely
underreported to law enforcement authorities because of its stigmatizing
nature: (3) The victims of rape are often further victimized by a criminal
justice system that is insensitive to the trauma caused by the crime and are
increasingly victimized by news media that are insensitive to the victim's
emotional and psychological needs; (4) Rape victims' need for privacy should
be respected; (5) Rape victims need to be encouraged to come forward and
report the crime of rape without fear of being revictimized through
involuntary public disclosure of their identities; (6) Rape victims need a
reasonable expectation that their physical safety will be protected against
retaliation or harassment by an assailant; (7) The news media should, in the
exercise of their discretion, balance the public's interest in knowing facts
reported by free news media against important privacy interests of a rape
victim, and an absolutist view of the public interest leads to insensitivity
to a victim's privacy interest; and (8) The public's interest in knowing the
identity of a rape victim is small compared with the interests of maintaining
the privacy of rape victims and encouraging rape victims to report and assist
in the prosecution of the crime of rape.

  Senate section 3501, safe campuses for women, is deleted because it has
already been enacted.

            SUBTITLE D-EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT


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


  Sections 40411-14-House sections 1661-64 recede to Senate sections
3601-14, Equal Justice for Women in the Courts Act, with modifications to
include Indian tribal governments as grantees and to modify grant purposes.

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


  Sections 40421-22-House sections 1665-67 recede to Senate sections 3621-22
with modifications to designate the Administrative Office of the United
States Courts as the clearinghouse for the dissemination of reports and to
delete circuit court allocation limits.

              SUBTITLE E-VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS


  Section 40501-House recedes to Senate section 3701, pre-trial detention in
sex offense cases.

  Section 40502-House recedes to Senate section 3702, increased penalties
for sex offenses against victims below the age of 16. Senate section 801,
sexual abuse amendments, is deleted as duplicative.

  Section 40503-Senate sections 3703(a)-(b) recede to House section 1652,
payment of cost of victim testing for sexually transmitted disease, with
modification to ensure confidentiality and anonymity of the test, subject to
waiver by the victim. House recedes to Senate sections 3703(c)-(g) with
modification.

  Section 40504-House recedes to Senate section 3704, extension and
strengthening of restitution.

  Section 40505-House recedes to Senate section 3705, with modifications.

  Section 40506-House recedes to Senate section 3707, National Baseline
Study on Campus Sexual Assault, with technical modification.

  Section 40507-Senate section 3708, Report on Battered Women's Syndrome,
recedes to House section 121. Senate section 2964 is deleted as duplicative.

  Section 40508-House recedes to Senate section 3709, Report on
Confidentiality of Addresses for Victims of Domestic Violence.

  Section 40509-House recedes to Senate section 3710, Report on Record
Keeping Relating to Domestic Violence.

  Senate section 3711, Report on Fair Treatment in Legal Proceedings,
recedes to House.

  Senate section 3712 recedes to House.

  Senate section 3713 recedes to House.
                                                                   [pH8872]


         SUBTITLE F-NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION


  Senate recedes to House sections 2801-12, Stalking, with modifications.

           SUBTITLE G-PROTECTIONS FOR BATTERED IMMIGRANT WOMEN AND
                                   CHILDREN


  Senate recedes to House sections 1626-28, Battered Immigrant Women, with
modifications.

                             TITLE V-DRUG COURTS


  Senate sections 1201-02 recede to House sections 1041-44 with
modifications to prohibit violent offenders from participating, to add a GAO
study, and with technical and conforming changes.

  The Conferees recognize that drug court programs may support costs of
judges, magistrates, quasi-judicial personnel, probation officers, drug
testing personnel, prosecutors, defense attorneys, other criminal justice
participants, drug treatment personnel, persons involved in programmatic and
after-care services, and other personnel necessary to implement drug court
programs.

  The Conferees note the diversity of court structures under which
jurisdictions throughout the United States are organized and intend that the
Attorney General, in implementing this program, issue regulations that are as
flexible as possible in this regard.

                            TITLE VI-DEATH PENALTY


  Procedures: The House recedes to the Senate with the following
exceptions: (1) Senate recedes to the House regarding the firearm
aggravator; (2) Senate recedes to the House to add the aggravator for sexual
assault or child molestation; (3) the Conferees modified the provision
regarding information presented at sentencing to reflect current law.

  Offenses: The House recedes to the Senate death penalties, including
terrorism death penalties, with the following modifications: (1) the deletion
of Senate section 203(a)(8), attempted assassination of the President; (2)
the deletion of the part of Senate section 202(a) which adds section
3591(b)(3) to title 18 regarding unintentional deaths due to overdose; (3)
the addition of the Hyde amendment to section 203(a)(2), espionage; (4)
Senate section 504 recedes to House section 708 regarding correctional
officers; (5) Senate section 716, torture, recedes to House section 713 with
modifications to delete already enacted provisions; (6) the addition of an
intent standard for carjacking; (7) Senate recedes to the House intent
standard; (8) Senate section 2406, to federalize all murders committed with
guns, recedes to House; (9) Senate section 711, weapons of mass destruction,
recedes to House section 710; and (10) the modification of Senate section
215, alien smuggling, to increase penalties. House recedes to Senate sections
501-03 and 505.

  House sections 901-02, racially discriminatory capital sentencing, recede
to Senate.

  Senate section 1021, racial and ethnic bias study grants, recedes to
House.

  Section 60026-Senate recedes to House proposal regarding appointment of
counsel.

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


  Senate sections 2408 and 5111 recede to House sections 501-02 with
modifications. The authority provided to the Bureau of Prisons under this
section is not to be construed as limiting any authority already possessed by
the Bureau of Prisons with respect to the release of inmates.

           TITLE VIII-APPLICABILITY OF MANDATORY MINIMUM PENALTIES


  Senate section 2404 recedes to House sections 201-03 with modifications.

                            TITLE IX-DRUG CONTROL


            SUBTITLE A-ENHANCED PENALTIES AND GENERAL PROVISIONS


  In carrying out directions from the Congress, the U.S. Sentencing
Commission shall assure reasonable consistency with other guidelines, avoid
duplicative punishment for substantially the same offense, and take into
account any mitigating circumstances which might justify exceptions. The
Commission shall also carry out such directions in light of the factors set
forth in subsection 3535(a) of title 18, United States Code.

  Section 90101-House recedes to Senate section 1501, drug trafficking in
prisons.

  Section 90102-House recedes to Senate section 1505, drug-dealing in drug
free zones, with modifications.

  Section 90103-House recedes to Senate section 1506, illegal drug use in
prisons, with technical modification.

  Section 90104-House recedes to Senate section 1531, clarification of
narcotics and other dangerous drugs.

  Section 90105-House recedes to Senate section 1532, conforming amendments
to recidivist penalty provisions of the Controlled Substance Act and the
Controlled Substances Import and Export Act.

  Section 90106-House recedes to Senate section 1534, Advertising, with
modifications.

  Section 90107-House recedes to Senate section 1538, Violent Crime and Drug
Emergency Areas, with modifications.

           SUBTITLE B-NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS


  Sections 90201-08-House recedes to Senate section 5150, which reauthorizes
the Office of National Drug Control Policy through September 30, 1997, with
modifications.

  In addition to the Director's authority to recommend to Federal agencies
appropriate drug budget levels by July 1 of each year as those agencies are
first developing their budgets for the following fiscal year, authority is
granted to ensure that the agencies' budget submissions to the Office of
Management and Budget are consistent with the National Drug Control Strategy.


  The provision also provides authority to detail temporarily drug control
personnel to other Departments or agencies to implement the National Drug
Control Strategy. It further provides authority, except to the extent that
the Director's authority is limited in an annual appropriations Act, to
transfer up to 2% among National Drug Control Program accounts, upon advance
approval of the Committees on Appropriations of each House of Congress. It is
the intent of the Conferees that such advance approval be obtained from each
of the Appropriations Subcommittees with jurisdiction over accounts increased
or decreased by such budget shifts.

  Several additional goals are added to the National Drug Control Strategy,
including the "consequences" of drug abuse (such as emergency room overdoses
and drug-related crime), assessment of national drug treatment system, and
other evaluations of the strategy. Drug treatment and prevention are added to
the mission of the Counter-Drug Technology Assessment Center. And, the
provision prohibits the Director and other officials in the Office who are
confirmed by the Senate from participating in Federal election campaigns.

  Senate section 1504, anabolic steroids penalties, recedes to House as
duplicative of stronger current law.

  Senate section 1533, Program to provide public awareness of the provisions
of Public Law 101-516, recedes to House.

  Senate section 1537, Drug paraphernalia amendment, recedes to House.

  Senate sections 1511-23, Precursor Chemicals Act, deleted because already
enacted.

  Senate section 1536 recedes to House.

  Senate section 1535, national drug control strategy, recedes to House.

  Senate section 1502 is deleted because already enacted.

  Senate section 2407 recedes to House.

                      TITLE X-DRUNK DRIVING PROVISIONS


  Section 100002-House recedes to Senate section 1602, applying State law in
areas of Federal jurisdiction.

  Section 100003-House sections 1801-02, Driving While Intoxicated
Prosecution Program, recede to Senate section 5115.

                              TITLE XI-FIREARMS


                          SUBTITLE A-ASSAULT WEAPONS


  House recedes to Senate sections 4501-10, with modifications.

  The Conferees recognize that some workers will be adversely impacted by
the enactment of this Subtitle. The Conferees note that the Department of
Labor has made available, as of July 1, more than $1.1 billion through Title
III of the Job Training Partnership Act to assist dislocated workers. The
types of assistance available to dislocated workers under that Act include
retraining, job search assistance, job counseling, on-the-job training, and
other services. The Conferees expect that any employees dislocated as a
result of enactment of this Subtitle will be eligible to apply for such
benefits in accordance with Department of Labor criteria.

                       SUBTITLE B-YOUTH HANDGUN SAFETY


  Section 110201-House sections 1901-02 recede to Senate section sections
661-62 with the deletion of Senate section 662(a) and technical
modifications. Senate section 663 recedes to House.

  The Conferees note Congress finds with regard to these sections that:
Crime, particularly crime involving drugs and guns, is a pervasive,
nationwide problem; problems with crime at the local level are exacerbated by
the interstate movement of drugs, guns, and criminal gangs; firearms and
ammunition, and handguns in particular, move easily in interstate commerce,
as documented in numerous hearings in both the Judiciary Committee of the
House of Representatives and Judiciary Committee of the Senate. Even before
the sale of a handgun, its component parts, ammunition, and the raw materials
from which they are made have considerably moved in interstate commerce.
While criminals freely move from State to State, ordinary citizens may fear
to travel to or through certain parts of the country due to the concern that
violent crime is not under control, and people from other countries may
decline to travel in the United States for the same reason. Just as hardened
drug kingpins often begin their lives in the illicit drug culture by exposure
to drugs at a young age, violent criminals often start their criminal careers
on streets where the ready availability of guns to young people results in
the acceptability of their random use. Violent crime and the use of illicit
drugs go hand-in-hand, and attempts to control one without controlling the
other may be fruitless. Individual States and localities find it impossible
to handle the problem by themselves; even States and localities that have
made a strong effort to prevent, detect, and punish crime find their efforts
unavailing due in part to the failure or inability of other States and
localities to take strong measures. Inasmuch as illicit drug activity and
related violent crime overflow State lines and national boundaries, the
Congress has power, under the interstate commerce clause and other provisions
of the Constitution, to enact measures to combat these problems. The Congress
finds that it is necessary and appropriate to assist the States in
controlling crime by stopping the commerce in handguns with juveniles
nationwide, and allowing the possession of handguns by juveniles only when
handguns are possessed and used for legitimate purposes under appropriate
conditions.
                                                                   [pH8873]


                            SUBTITLE C-LICENSURE


  Sections 110301-07-House recedes to Senate sections 311-17, Firearms
Licensure.

                        SUBTITLE D-DOMESTIC VIOLENCE


  Section 110401-Senate sections 301, Persons Subject to Restraining Orders,
and 4201-03, Prohibition Against Disposal of Firearms to, or Receipt of
Firearms by, Persons Who Have Committed Domestic Violence, recede to House
sections 1624-25, with modifications.

  The Conferees intend that the term "child" be read with common sense and
normal meaning, and to include a child over whom a person's parental rights
have been terminated by a court order. The Conferees also note that Congress
finds with respect to this provision that domestic violence is the leading
cause of injury to women in the United States between the ages of 15 and 44;
firearms are used by the abuser in 7 percent of domestic violence incidents
and produces an adverse effect on interstate commerce; and individuals with a
history of domestic abuse should not have easy access to firearms.

                       SUBTITLE E-GUN CRIME PENALTIES


  In carrying out directions from the Congress, the U.S. Sentencing
Commission shall assure reasonable consistency with other guidelines, avoid
duplicative punishment for substantially the same offense, and take into
account any mitigating circumstances which might justify exceptions. The
Commission shall also carry out such directions in light of the factors set
forth in subsection 3553(a) of title 18, United States Code.

  Section 110501-House recedes to Senate section 401, enhanced penalty for
use of semiautomatic weapons during crime of violence or drug trafficking
crime.

  Section 110502-House section 3031 recedes to Senate section 402, second
conviction for using or carrying explosives.

  Section 110503-House recedes to Senate section 403, new offense for
smuggling firearms.

  Section 110504-House section 3032 recedes to Senate section 404, new
offense for theft of guns and explosives moving in interstate commerce.

  Section 110505-House recedes to Senate section 405, revocation of
supervised release, with modifications. Senate section 2403, supervised
release after imprisonment, recedes to House as incorporated in Senate
section 405.

  Section 110506-House recedes to Senate section 406, revocation of
probation, with modifications.

  Section 110507-House recedes to Senate section 407, knowingly making false
material statement on a gun application.

  Section 110508-House section 3033 recedes to Senate section 408, felon
possessing explosives.

  Section 110509-House recedes to Senate section 409, explosives
destruction.

  Section 110510-House recedes to Senate section 410, technical correction
regarding parole.

  Section 110511-House recedes to Senate section 411, prohibition against
transactions involving stolen firearms or stolen guns.

  Section 110512-House recedes to Senate section 412, using firearm in
commission of forgery.

  Section 110513-House recedes to Senate section 413, firearm possession by
violent felons and serious drug offenders.

  Section 110514-House recedes to Senate section 414, receipt of firearms by
nonresident.

  Section 110515-House section 3034 recedes to Senate section 417, stealing
guns or explosives from a licensee.

  Section 110516-House section 3035 recedes to Senate section 418, disposing
of explosives to prohibited person.

  Section 110517-House recedes to Senate section 420, interstate gun
trafficking.

  Section 110518-House recedes to Senate section 415, firearms conspiracy,
with modification.

  Section 110519-House recedes to Senate section 5168, Definition of Armor
Piercing Ammunition, with modification.

  Senate section 416, study of incendiary ammunition, recedes to House.

  Senate section 419 recedes to House.

                             TITLE XII-TERRORISM


  In carrying out directions from the Congress, the United States Sentencing
Commission shall assure reasonable consistency with other guidelines, avoid
duplicative punishment for substantially the same offense, and take into
account any mitigating circumstances which might justify exceptions. The
Commission shall also carry out such directions in light of the factors set
forth in subsection 3553(a) of title 18, United States Code.

  Section 120001-House recedes to Senate section 717, extension of statute
of limitations, with modifications.

  Section 120002-House recedes to Senate section 715, jurisdiction over
crimes against U.S. nationals.

  Section 120003-House recedes to Senate section 721, counterfeiting
currency abroad, with modification to increase penalty.

  Section 120004-House recedes to Senate section 724, Terrorist Felonies.

  Section 120005-House recedes to Senate section 726, material support to
terrorists, with modification.

  Senate section 718, FBI access to telephone subscriber information, is
deleted because already enacted.

  Senate section 720, preventing acts of terrorism, recedes to House.

  Senate section 722, economic terrorism task force, recedes to House.

  Senate section 713, extension of territorial sea, recedes to House.

  Senate section 714, assimilated crimes in extended territorial sea,
recedes to House.

            TITLE XIII-CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT


  Section 130001-House recedes to Senate section 5005, enhancing penalties
for failure to depart, with modification to delete subsection (c) regarding
collateral review.

  Section 130002-House recedes to Senate section 5007, criminal alien
tracking center, with modification to conform to current law.

  Section 130003-House recedes to Senate section 725, Protection of
Recipients in Counter-Terrorism Rewards Program, with modifications to
incorporate this section into Senate section 5117, and other modifications.

  Section 130004-House recedes to Senate section 5002, deportation
procedures for certain criminal aliens, with modifications.

  Section 130005-Senate section 5158, expedited deportation for asylum
applicants, recedes to House section 2411 with modification to clarify that
asylum applicants have no right to work in the United States.

  Section 130006-Senate section 5159, improving border controls, recedes to
House section 2412 with modifications regarding report requirement and to
incorporate House section 2421.

  Section 130007-House section 2413, special deportation proceedings,
recedes to Senate section 5160 with modifications. Senate section 5161,
construction of INS processing centers, recedes to House section 2414, which
is incorporated into Senate section 5160, with modifications. The Conferees
intend that the Attorney General should consider the availability of legal
assistance in an area in determining where to locate the facilities.

  Section 130008-Senate recedes to House section 2402, authority of the
Attorney General to accept assistance in deporting criminal aliens, with
modifications.

  The Conferees note that many States and localities are burdened with the
financial costs of housing and processing deportable aliens who are
unlawfully within the United States and who are arrested for violating
criminal statutes. The Immigration and Naturalization Service is not
permitted under current law to accept State and local assistance in carrying
out its deportation responsibilities. This section is intended to aid
communities with criminal alien populations to expedite the removal of
deportable aliens who are arrested for the violation of criminal statutes by
providing transportation-related services or property to the Immigration and
Naturalization Service.

  Section 130009-Senate section 712 recedes to House section 2431 with
modification increasing the penalty for employment document fraud to five
years. Senate section 5124 is deleted as duplicative.

  This section is intended to target persons who commit document fraud for
the purpose of commercial advantage, or to facilitate drug trafficking or
international terrorism. The Conferees intend that the Attorney General
implement these provisions so as not to prosecute bona fide applicants for
asylum.

  Section 130010-House recedes to Senate section 5131, asylum, which is
modified to a Sense of the Senate, with other modifications.

  Senate section 5006, miscellaneous and technical changes regarding alien
deportation, recedes to House.

  Senate section 5102, prohibition on payment of Federal benefits to illegal
aliens, recedes to House.

  Senate section 5119, State and local cooperation with INS, recedes to
House.

  Senate section 5110, removal of alien terrorists, recedes to House.

  House section 2401, Congressional findings regarding criminal aliens,
recedes to Senate.

  Senate section 5144, authority to release confidential information
regarding aliens, recedes to House.

  Senate section 5001, aggravated felony, recedes to House.

  Senate section 5003, judicial deportation, recedes to House.

  Senate section 5004 recedes to House.

  Senate section 5157, Extradition, recedes to House.
                                                                   [pH8874]


                           TITLE XIV-YOUTH VIOLENCE


  Sections 140001-03-Senate section 651 recedes to House section 1101
regarding adult prosecution of juveniles with modification to delete section
1101(b).

  Section 140004-House recedes to Senate section 641 with modification to
correct typographical error regarding the age for the bindover of juveniles.

  Section 140005-House recedes to Senate section 618 with modifications.

  Section 140006-House recedes to Senate section 615, increased penalties
for employing children to distribute drugs near schools and playgrounds, with
modification.

  Section 140007-House recedes to Senate section 2906, increased penalties
for travel act violations. Senate section 617 deleted as duplicative.

  Section 140008-House recedes to Senate section 5130, solicitation of minor
to commit crime.

                       TITLE XV-CRIMINAL STREET GANGS


  Section 150001-House recedes to Senate section 611 with an amendment to
provide increased penalties for Federal gang crimes.

  Section 150002-House recedes to Senate section 614 with modification to
delete simple drug possession as basis of adult prosecution of juveniles.

  Section 150003-House recedes to Senate section 619 to authorize use of
Byrne funds for programs relating to gangs.

  Section 150006-House recedes to Senate proposal regarding mentoring
program guidelines.

  Section 150007-House recedes to Senate section 5167.

  Section 150008-House recedes to Senate section 622, Gang Investigation
Coordination and Information Collection.

  Section 150009-Senate section 624 recedes to House section 1098,
Multijurisdictional Gang Task Forces.

  Senate section 612 recedes to House regarding use of minors as RICO
predicate.

  Senate section 613 recedes to House.

  Senate section 623 is deleted because already enacted.

                         TITLE XVI-CHILD PORNOGRAPHY


  Sections 160001-02-House sections 1201-02 recede to Senate sections
824-25, child pornography.

  Section 160003-House section 3083 recedes to Senate section 2410,
Confirmation of intent of Congress in enacting sections 2252 and 2256 of
title 18, United States Code.

                      TITLE XVII-CRIMES AGAINST CHILDREN


           SUBTITLE A-JACOB WETTERLING CRIMES AGAINST CHILDREN AND
                  SEXUALLY VIOLENT OFFENDER REGISTRATION ACT


  Section 170101-Senate sections 821-23, Jacob Wetterling Crimes Against
Children Registration Act, recede to House section 1301 with modification to
include the program contained in Senate sections 841-44 and other
modifications.

                     SUBTITLE B-ASSAULTS AGAINST CHILDREN


  Section 170201-Senate recedes to House section 301, assaults against
children, with technical and conforming modifications.

                  SUBTITLE C-MISSING AND EXPLOITED CHILDREN


  Sections 170301-03-House recedes to Senate sections 4301-04, Missing and
Exploited Children, with modifications. The Conferees note Congress finds
with regard to this program that the victimization of children in our nation
has reached epidemic proportions; recent Department of Justice figures show
that 4,600 children were abducted by non-family members; two-thirds of the
abductions of children by non-family members involve sexual assault; more
than 354,000 children were abducted by family members; and 451,000 children
ran away; while some local law enforcement officials have been successful in
the investigation and resolution of such crimes, most local agencies lack the
personnel and resources necessary to give this problem the full attention it
requires; a majority of the nation's 17,000 police departments have 10 or
fewer officers; and locating missing children requires a coordinated law
enforcement effort; supplementing local law enforcement agencies with a team
of assigned active Federal agents will allow Federal agents to pool their
resources and expertise in order to assist local agents in the investigation
of the nation's most difficult cases involving missing children.

  Senate section 5129, Parent Locator Service, recedes to House.

  Senate section 2701, International Parental Kidnapping, is deleted because
already enacted.

                           TITLE XVIII-RURAL CRIME


  Sections 180101-201-House sections 2501-21 recede to Senate sections
1401-21 with modification regarding the structure of rural drug task forces,
the placement of section 1421 in the Violence Against Women title, and other
modifications.

  Section 180301-Senate recedes to House section 2531, Sense of Congress
Regarding Funding for Rural Areas.

                      TITLE XIX-FEDERAL LAW ENFORCEMENT


  Section 190001-House section 3016 recedes to Senate section 5132, Federal
judiciary, with modifications to incorporate section 621, additional Federal
prosecutors for the prosecution of violent youth gangs, and other
modifications.

              TITLE XX-POLICE CORPS AND LAW ENFORCEMENT OFFICERS
                            TRAINING AND EDUCATION


  House sections 2701-39 recede to Senate sections 1121-50 with modification
to delete Senate sections 1124 (b) and (c) with regard to the appointment of
a Director.

                  TITLE XXI-STATE AND LOCAL LAW ENFORCEMENT


                           SUBTITLE A-BYRNE PROGRAM


  Section 210101-Senate recedes to House section 1098A, extension of Byrne
grant funding, with modification to authorize specified funds.

                  SUBTITLE B-LAW ENFORCEMENT FAMILY SUPPORT


  Section 210201-House recedes to Senate section 1101, Law Enforcement
Family Support, with modification to designate the Attorney General as the
responsible official, and other minor modifications.

                        SUBTITLE C-DNA IDENTIFICATION


  Sections 210301-06-House sections 1501-06 recede to Senate sections
1001-6, DNA Identification, with modification to ensure the establishment of
a blind proficiency testing program for DNA analysis.
DNA Advisory Board

  The Act requires the Director of the Federal Bureau of Investigation to
appoint an advisory board on DNA quality assurance methods. The Conferees
intend that, in making appointments to the advisory board, the Director of
the FBI shall adhere strictly to all applicable conflict of interest and
ethics laws. In particular, the FBI Director will ensure that no member of
the board will have a commercial or proprietary interest in matters addressed
by the board. To that end, the Director may obtain disclosure statements from
nominees to the board. The Conferees expect that a review of any potential
conflict of interest or ethical considerations will be conducted with the
assistance of the Bureau's Legal Counsel Division, with the FBI Director
retaining final authority regarding appointments to the board.
Proficiency Testing Program

  The Conferees, in adopting the DNA Identification Act, recognize the
significance of the development of a blind external proficiency testing
program for DNA analyses. A blind external proficiency test means a test that
is presented to a forensic laboratory through a second agency and appears to
the analysts to involve routine evidence.

  Under this Act, the Director of the National Institute of Justice is
directed to study this issue and certify to Congress within one year that (1)
the NIJ has undertaken steps to ensure that an appropriate entity or entities
will establish a blind external proficiency testing program for DNA analyses,
which shall be available to public and private laboratories performing
forensic DNA analyses; (2) that a blind proficiency testing program for DNA
analyses is already available; or (3) that it is not feasible to have a DNA
blind proficiency testing program.

  The Conferees fully expect that NIJ will report either that there are one
or more existing DNA blind proficiency testing programs or that it has
undertaken steps to ensure the establishment of one. There are many private
DNA testing laboratories and commercial manufacturers of DNA testing products
that have the technical expertise, individually or through professional and
trade associations, necessary to establish the aforementioned program.

  If the NIJ study determines blind external proficiency testing is
feasible, neither State nor local DNA laboratories covered by the Act (i.e.,
those participating in the national DNA index or receiving grants), will be
required by the Act to subscribe to such a blind testing program. The FBI
Laboratory will not be required by the Act to subscribe to a particular blind
testing program identified by NIJ. Participation by State and local
governments should be voluntary and at their own discretion-although
participation in such a program will be an important element of demonstrating
quality control for purposes of having DNA evidence introduced into evidence.

                    SUBTITLE D-POLICE PATTERN OR PRACTICE


  Sections 210401-02-House recedes to Senate sections 1111-12, Police
Pattern or Practice, with modification to section 1112.

            SUBTITLE E-IMPROVED TRAINING AND TECHNICAL AUTOMATION


  Section 210501-House recedes to Senate section 1031, improved training and
technical automation, with technical and conforming modifications. The
Conferees believe one appropriate use of this program would be to ensure that
States, Indian tribal governments, and local governments are made aware of
advanced law enforcement technologies.

                    SUBTITLE F-OTHER STATE AND LOCAL AID


  Section 210601-Senate recedes to House proposal to reauthorize the Office
of Justice Programs.

  Section 210602-House recedes to Senate section 5137, assistance to ease
the increased burdens on State court systems, with modifications.

  Section 210603-Senate recedes to House proposal to make money from the
Violent Crime Reduction Trust Fund available to fund activities authorized by
the Brady Handgun Violence Prevention Act and the National Child Protection
Act of 1993.

  Section 103(k) of the "Brady Bill" authorizes "such sums as are necessary"
for the Attorney General to establish a "national instant criminal background
check system." Section 106(b) of "Brady" authorizes $200 million for grants
to States for the improvement of criminal records. Section 4(b) of the
National Child Protection Act of 1993 authorizes $20 million for grants to
States for the improvement of criminal records regarding child abuse. The
Conference Report provides that a total of $150 million may be appropriated
from the Trust Fund for these purposes.
                                                                   [pH8875]


                  TITLE XXII-MOTOR VEHICLE THEFT PREVENTION


  House recedes to Senate sections 1901-03, motor vehicle theft prevention.

                        TITLE XXIII-VICTIMS OF CRIME


  Senate sections 901-02, 912-17, crime victims, recede to House sections
101-21, with the following modifications: allocations of funds are changed to
48.5%, 48.5%, and 3%; the report on battered women's syndrome is moved to
title IV, Violence Against Women. House section 101, with a conforming
amendment, is enacted pursuant to the Rules Enabling Act. House recedes to
Senate section 903, Sense of the Senate regarding Rights to Victims
Allocation, with conforming modification. Senate section 3264 is deleted as
duplicative. Senate section 911 is deleted because already enacted. House
recedes to Senate proposal to amend 10603(a)(5)(B) of title 42, United States
Code.

                    TITLE XXIV-PROTECTION FOR THE ELDERLY


  Section 240001-House recedes to Senate section 2001, Missing Alzheimer's
Disease Patient Alert Program.

  Section 240002-House recedes to Senate section 2002, crimes against the
elderly.

              TITLE XXV-SENIOR CITIZENS AGAINST MARKETING SCAMS


  Sections 250001-05, 250008-House recedes to Senate sections 3901-03,
3905-07 and 3910, Senior Citizens Against Marketing Scams (SCAMS), with
modifications. Senate section 3904 recedes to House.

  Section 250006-House recedes to Senate section 2103, mail fraud. Senate
section 3908 is deleted as duplicative.

  Section 250007-House recedes to Senate section 2102, Consumer Protection
Against Credit Card Fraud Act. Senate section 3909 is deleted as duplicative.


  The Conferees note that Congress has found with regard to this issue the
following: Unprecedented Federal law enforcement investigations have
uncovered a national network of illicit telemarketing operations; most of the
telemarketing industry is legitimate, employing over 3,000,000 people through
direct and indirect means; illicit telemarketers, however, are an increasing
problem which victimizes our nation's senior citizens in disproportionate
numbers; interstate telemarketing fraud has become a problem of such
magnitude that the resources of the Department of Justice are not sufficient
to ensure that there is adequate investigation of, and protection from, such
fraud; telemarketing differs from other sales activities in that it can be
carried out by sellers across State lines without direct contact;
telemarketers can also be very mobile, easily moving from State to State; it
is estimated that victims lose billions of dollars a year as a result of
telemarketing fraud; consequently, this legislation is intended to enhance
Federal law enforcement resources, ensure adequate punishment for
telemarketing fraud, and educate the public.

              TITLE XXVI-COMMISSION MEMBERSHIP AND APPOINTMENT


  Senate sections 1721-30 recede to House sections 3026-27, Commission to
Support Law Enforcement, with modifications.

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


  House sections 1643-51 and 2601-07 recede to Senate sections 1701-18,
1741-49 and 3241-49 with a modification to establish a National Commission on
Crime Prevention and Control charged with developing a comprehensive proposal
for preventing and controlling crime and violence in America. This Commission
must establish committees or task forces for the following specific purposes:
one to focus on crime and violence generally, one to focus on the causes of
the demand for drugs, one to focus on violence in schools, and one to focus
on violence against women. House recedes to Senate sections 1731-32,
Presidential Summit on Violence, with modification.

                      TITLE XXVIII-SENTENCING PROVISIONS


  Section 280001-House recedes to Senate section 2401, imposition of a
sentence.

  Section 280002-House recedes to Senate section 2402, technical amendment
to mandatory conditions of probation.

  Section 280003-House section 1701 recedes to Senate section 2409, Hate
Crime Sentencing.

  Section 280004-House recedes to Senate section 2501, authorization of
probation for petty offenses in certain cases.

  Section 280005-House recedes to Senate section 5152 with modifications to
create three full-time vice chairs of the U.S. Sentencing Commission, and to
specify that of the three vice chairs, no more than two shall be of the same
political party.

  Section 280006-Senate recedes to House section 3092, Cocaine Penalty
Study.

  Senate section 2405, mandatory minimums for use or possession of firearm
during a State crime, recedes to House.

  Senate section 2502, trial by a magistrate in petty cases, recedes to
House.

                          TITLE XXIX-COMPUTER CRIME


  House recedes to Senate section 2601, computer crime, with minor
modifications.

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


  Senate sections 3101-03, Driver's Privacy Protection Act, recede to House
sections 2901-03 with modifications.

  This title prohibits the release and use of certain personal information
except under certain circumstances. One of these exceptions, found in
subsection (b)(3), permits disclosures where a person or entity is seeking
correct information about an individual who presented false information or
information that is no longer correct, "but only for the purpose of
preventing fraud by, pursuing legal remedies against, or recovering on a debt
or security interest against, the individual."

  Some State motor vehicle departments may require requestors seeking to use
this exception to certify or state the purpose for which the information is
being sought. While in most cases this practice by the State will not give
rise to further concern, it could pose a problem for debt collectors covered
under the Fair Debt Collection Practices Act (FDCPA). Section 804 of the
FDCPA provides: "Any debt collector communicating with any person other than
the consumer for the purpose of acquiring location information about the
consumer shall ... (2) not state that such consumer owes any debt."

  The interaction of section 804(2) of the FDCPA and subsection (b)(3) of
the Driver's Privacy Protection Act could be interpreted as barring a covered
debt collector from indicating to a State DMV that it was seeking information
for a permitted purpose, thereby barring the debt collector from receiving
information crucial to collecting a debt.

  This was clearly not the intention of the drafters of the legislation and
it is not the intention of the Conferees. To the contrary, the drafters of
the legislation and the Conferees intend for debt collectors to be able to
obtain motor vehicle record information without violating section 804(2) of
the FDCPA. In this case, the purpose of disclosing the existence of a debt is
solely to establish the basis for receiving DMV data, not to harass the
debtor. Therefore, the Conferees believe that a statement that the
information is being sought for the purposes of recovering on a debt would
not violate section 804(2). In addition, the Conferees believe it would be
adequate for debt collectors under (b)(3) to state that they are "pursuing
legal remedies against ... the individual," as provided in (b)(3), without
stating that the legal remedies related to a debt. The Conferees believe that
such a statement would not violate section 804 of the FDCPA, which is
intended to prevent debt collectors from harassing a consumer by telling
third parties that the consumer owes a debt. The Conferees believe that a
collector is in no way harassing a consumer by telling a State DMV that
information is sought in connection with "pursuing legal remedies."

  The opportunity to prohibit disclosure of personal information
under (b)(11) and (b)(12) does not have to be provided each time a request
for such information is made. Instead, the opportunity to prohibit these
disclosures should be provided at the time an individual registers for or
renews his or her driver's license, title registration or identity card and
at any other time an individual contacts the State on his or her own
initiative to prohibit such disclosures.

  Under subsection (b)(13), any requestor may obtain access to an
individual's personal information if the requestor has obtained written
consent from the individual whose personal information is sought. The
Conferees intend that each State must provide that the requestor's
demonstration include a written consent that has been notarized.

                TITLE XXXI-VIOLENT CRIME REDUCTION TRUST FUND


  Sections 310001-02-House recedes to Senate sections 1352-54 with
modifications as follows: (1) the trust fund covers fiscal years 1995-2000
and totals $30.210 billion; (2) annual outlays from trust fund appropriations
are subject to limits enforceable through sequestration procedures similar to
those applied under the Balanced Budget and Emergency Deficit Control Act of
1985 to appropriations in the regular budget process; and (3) the limitations
on the number of total Federal Government personnel is deleted because it has
already been enacted into law (Federal Workforce Restructuring Act of 1994,
P.L. 103-226).

  Section 310003-Senate recedes to House proposal to provide for the
extension of authorizations of appropriations.

  This section is an "authorization extender" provision intended to assure
the complete and efficient use of all authorizations contained in the Report
and all monies transferred into the Violent Crime Reduction Trust Fund. Under
this provision, if the amount appropriated from the Trust Fund for a given
program in a particular fiscal year is less than the amount authorized for
that program in that year, the unused portion of the authorization remains
available for use for that program in later fiscal years.

  For example, if $100 million is authorized for program "A" for fiscal year
1996 but only $75 million is actually appropriated, the remaining $25 million
will be available for appropriations from the Trust Fund in fiscal years 1997
and beyond for that program. The $25 million in authorizations "extended"
beyond fiscal year 1996 need not all be used in fiscal year 1997; it remains
available until funds are appropriated for such authorizations.

  Section 310004-Senate recedes to House proposal to provide for flexibility
in making appropriations.

  This Section provides "transfer authority" to give the Appropriations
Committees some flexibility in allocating appropriations from the Trust Fund
among the programs included within each of three specified functional
categories. Under these provisions, the $30.2 billion in authorizations
contained in the Report is divided into the following categories: (1) State
and Local Law Enforcement, (2) Federal Law Enforcement and (3) Prevention.
Within each of these categories, the Appropriations Committees will, in any
fiscal year, be permitted to transfer up to 10 percent of the authorization
for a particular program to any other program within the same category.

  For example, within the "Federal law enforcement" category, the
Appropriations Committees could decrease the fiscal year 1996 authorization
for program "A" by up to 10 percent and transfer that money to program "B" by
increasing the authorization for "B" by the dollar amount subtracted
from "A".

  The transfer authority provided in the Conference Report is subject to
three additional limitations (1) the aggregate amount of authorizations
transferred away from a program over the life of the Trust Fund may not
exceed 10 percent of the program's total authorization; (2) transfer
authority may not be used to increase total authorizations for any of the
three categories for any fiscal year above the level authorized for that
category by the Report; and (3) no transfers between categories are
permitted, e.g., authorizations for "Prevention" programs may not be
transferred to "Federal Law Enforcement" programs.

  The following is a list of the programs included in each of the three
broad functional categories:
                                                                   [pH8876]


                           FEDERAL LAW ENFORCEMENT


  (1) Authorization of Additional Appropriations for the Federal Judiciary,
Section 190001(a)

  (2) Authorization of Additional Appropriations for the Department of
Justice, Section 190001 (b)

  (3) Authorization of Additional Appropriations for the Federal Bureau of
Investigation, Section 190001 (c)

  (4) Authorization of Additional Appropriations for United States
Attorneys, Section 190001 (d)

  (5) Authorization of Additional Appropriations for the Department of the
Treasury, Section 190001 (e)

  (6) National Center for Criminal Justice Research and Education, Section
320925

  (7) Gang Investigation Coordination and Information Collection, Section
150008

  (8) Motor Vehicle Theft Prevention, Section 220002

  (9) Criminal Alien Tracking Center, Section 130002

  (10) Expeditious Deportation for Denied Asylum Applicants, Section 130005

  (11) Improving Border Controls, Section 130006

  (12) Expanded Special Deportation Proceedings, Section 130007

  (13) FBI and U.S. Attorney activities regarding Senior Citizens Against
Marketing Scams, Section 250005

  (14) FBI Activities Regarding DNA, Sections 210303-210306

  (15) Agents for the Drug Enforcement Administration, Section 180104

  (16) Presidential Summit on Violence and National Commission on Crime
Prevention and Control, Section 270009

                       STATE AND LOCAL LAW ENFORCEMENT


  (1) Public Safety and Policing, Sections 10001-10003

  (2) Law Enforcement Family Support, Section 210201

  (3) Availability of Violent Crime Reduction Trust Fund to fund activities
authorized by the Brady Handgun Violence Protection Act and the National
Child Protection Act of 1993, Section 210603

  (4) Rural Law Enforcement Agencies, Section 180101

  (5) Rural Drug Enforcement Training, Section 180103

  (6) Community-based Justice Grants for Prosecutors, Sections 31701-31708

  (7) Federal assistance to State court systems, Section 210602

  (8) Police Recruitment, Sections 30801-30802

  (9) DNA Grants to States, Section 210302

  (10) Improved training and technical automation, Section 210501

  (11) Extension of Byrne Grant Program, Section 210101

  (12) Criminal Justice and Substance Abuse Treatment Training, Section
320930

  (13) Violent Offender Incarceration and Truth-in-Sentencing Incentive
Grants, Sections 20101-20109

  (14) Incarceration of Undocumented Criminal Aliens, Section 20301

  (15) Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional
Institutions, Section 32201

  (16) Certainty of Punishment for Young Offenders, Section 20201

                                  PREVENTION


  (1) Drug Courts, Section 50001

  (2) Ounce of Prevention, Sections 30101-30104

  (3) Youth Employment and Skills Crime Prevention, Section 30201

  (4) Model Intensive Grants, Sections 30301-30307

  (5) Family and Community Endeavor Schools Grant Program and Community
Schools Youth Services and Supervision Grant Program, Sections 30401-30403

  (6) Police Partnerships for Children and Grants for Police Residence in
High Crime Areas, Sections 30501-30505

  (7) Midnight Sports, Section 30601

  (8) Assistance for Delinquent and At-Risk Youth, Sections 30701-30702

  (9) National Triad Program, Sections 30901-30906

  (10) Local Partnership Act, Sections 31001-31002

  (11) National Community Economic Partnership, Sections 31101-31133

  (12) Gang Prevention Services for Boys and Girls, Sections 31201-31207

  (13) Olympic Youth Development Centers, Section 31301

  (14) Anti-Crime Youth Councils, Sections 31401-31405

  (15) Urban Recreation and At-Risk Youth, Sections 31501-31505

  (16) Boys and Girls Clubs in Public Housing, Sections 31601-31603

  (17) Child Safety, Sections 31801-31808

  (18) Family Unity Demonstration Project, Sections 31901-31922

  (19) Substance Abuse Treatment in Federal Prisons, Section 32001

  (20) Substance Abuse Treatment for State Prisoners, Section 32101

  (21) Hope in Youth Program, Sections 32301-32307

  (22) Gang Resistance Education and Training, Section 32401

  (23) Federal Victim's Counselors, Section 40114

  (24) Grants to Combat Violent Crimes Against Women, Section 40121

  (25) Education and Prevention Grants to Reduce Sexual Assaults Against
Women, Section 40151

  (26) Training Programs, Section 40152

  (27) Education and Prevention Grants to Reduce Sexual Abuse of Runaway,
Homeless, and Street Youth, Section 40155

  (28) Victims of Child Abuse Programs, Section 40156

  (29) National Domestic Violence Hotline, Section 40211

  (30) Encouraging Arrest Policies in Domestic Violence Cases, Section 40231

  (31) Battered Women Shelters, Section 40241

  (32) Youth Education and Domestic Violence, Section 40251

  (33) Community Programs on Domestic Violence, Section 40261

  (34) Study on State Databases, Section 40292

  (35) Study on Number and Cost of Domestic Violence Injuries, Section 40293

  (36) Rural Domestic Violence and Child Abuse Enforcement Assistance,
Section 40295

  (37) Education and Training for Judges and Court Personnel in State
Courts, Sections 40411-40414

  (38) Education and Training for Judges and Court Personnel in Federal
Courts, Sections 40421-40422

  (39) National Baseline Study on Campus Sexual Assault, Section 40506

  (40) National Stalker and Domestic Violence Reduction, Sections
40601-40611

  (41) Juvenile Drug Trafficking and Gang Prevention Grants, Section 150004

  (42) Grants for Youth Development Centers, Section 150005

  (43) Missing Alzheimer's Disease Patient Alert Program, Section 240001

  (44) Safe Senior Corridors Grants, Section 240003

                          TITLE XXXII-MISCELLANEOUS


                      SUBTITLE A-INCREASES IN PENALTIES


  Section 320101-House recedes to Senate section 2901, increased penalties
for assault.

  Section 320102-House recedes to Senate section 2902, increased penalties
for manslaughter.

  Section 320103-House recedes to Senate section 2903, increased penalties
for civil rights violations.

  Section 320104-Senate section 2904(a) recedes to House section 3051,
Penalties for Trafficking in Counterfeit Goods and Services; House recedes to
Senate section 2904(b), laundering monetary instruments.

  Section 320105-House recedes to Senate section 2905, penalty for
committing murder for hire.

  Section 320106-House recedes to Senate section 2907, increased penalties
for arson, with modifications to delete mandatory minimum and increase the
maximum penalty range.

  Section 320107-House recedes to Senate section 616, increased penalties
for drug trafficking near public housing. Senate section 1503 is deleted as
duplicative.

  Section 320108-House recedes to Senate section 5105, penalties for
nonindigenous species, with modifications.

  Section 320109-Senate recedes to House section 3056, military medals and
decorations.

  Senate section 2967, balance in the criminal justice system, recedes to
House.
                                                                   [pH8877]


         SUBTITLE B-EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES


  Section 320201-House recedes to Senate section 2911, extension of civil
rights statutes.

                         SUBTITLE C-AUDIT AND REPORT


  Sections 320301-02-House recedes to Senate sections 2921-22, audit and
report.

                           SUBTITLE D-COORDINATION


  Section 320401-House recedes to Senate section 5166, coordination of
treatment and prevention programs.

                             SUBTITLE E-GAMBLING


  Section 320501-House recedes to Senate section 2932, clarifying amendment
regarding scope of prohibition against gambling on ships in international
waters, with technical modifications.

  Senate section 2931, enforcement of laws relating to gaming, recedes to
House.

                   SUBTITLE F-WHITE COLLAR CRIME AMENDMENTS


  Section 320601-House recedes to Senate section 2941, receiving proceeds of
extortion or kidnapping.

  Section 320602-House recedes to Senate section 2942, receiving the
proceeds of a postal robbery.

  Sections 320603-04-Senate section 2101 recedes to House sections 401-02,
Insurance Fraud.

  Sections 320605-06-House recedes to Senate sections 2201-03, Financial
Institution Fraud.

  Section 320607-House recedes to Senate section 2944, addition of predicate
offenses.

  Section 320608-House recedes to Senate section 2945, definition of
savings & loan.

  Section 320609-House recedes to Senate section 2946, definition of 1-year
sentence.

  Senate section 2943 recedes to House.

  Senate sections 3801-21, enhanced penalties for health care fraud
enforcement efforts, recede to House.

  Senate section 2301, savings and loan task force, recedes to House.

  Senate sections 4401-04, public corruption, recede to House.

  Senate section 2204 recedes to House.

  Senate section 5146, Bankruptcy, recedes to House.

                  SUBTITLE G-SAFER STREETS AND NEIGHBORHOODS


  Sections 320701-02-House recedes to Senate sections 2951-52, Safer Streets
and Neighborhoods, with technical modifications.

                    SUBTITLE H-RECREATIONAL HUNTING SAFETY


  House recedes to Senate sections 4601-08, Recreational Hunting Safety,
with modifications.

  The conference report contains a modified version of Title XLVI of the
Senate amendment, the Recreational Hunting Safety and Preservation Act of
1994. The purpose of this subtitle is to protect the safety and rights of
persons to lawfully engage in hunting and fishing activities on Federal land.

  In fashioning the provisions of this subtitle, the Conferees took care to
not infringe on the first amendment right of free speech. The civil penalty
provisions of this subtitle only apply to intentional physical conduct that
significantly hinders a lawful hunt. Conduct is defined to exclude any
activity protected by the first amendment. None of the provisions of this
subtitle are intended to affect or limit in any way first amendment rights.
Nor does the subtitle affect Federal land managers' existing authority to
subject speech to reasonable regulation as to time, place and manner to the
extent it is Constitutionally permissible.

  In the interest of clarity, the Conferees have adopted a concise standard
of violation, defined as intentional physical conduct that significantly
hinders a lawful hunt. The Conferees intend that the physical conduct and the
hinderance by considered as unitary; that is, both must be intentional. In
other words, the conduct must be intentional, and must be done with the
intention of significantly hindering a lawful hunt. A violation only occurs
if the hinderance is significant; that is, it must have a negative influence
or effect. The Conferees intend this to mean that incidental conduct which
has de minimis effect on a hunt would not violate this subtitle.

  With the principles described above in mind, examples of violations of
this subtitle would include, but not be limited to, driving or disturbing
wildlife; blocking or impeding hunters; using visual, aural, olfactory, or
physical stimuli to affect wildlife behavior; erecting barriers to deny
ingress or egress to areas where a lawful hunt takes place; placing a person
or object in the line of fire; taking, disturbing or damaging property, such
as a hunting blind; abusing a hunting dog; or other conduct intended to slow
or make difficult the progress of a lawful hunt.

                         SUBTITLE I-OTHER PROVISIONS


  Section 320901-House recedes to Senate section 2965, wiretaps, with
technical modification.

  Section 320902-House recedes to Senate section 2966, theft of major
artwork, with modifications.

  Section 320903-House recedes to Senate section 2969, addition of attempted
robbery, kidnapping, smuggling and property damage offenses.

  Section 320904-House recedes to Senate section 2972, to include findings
with respect to the gun-free school zone provisions of the Crime Control Act
of 1990.

  Section 320905-House recedes to Senate section 5109, interstate wagering.

  Section 320906-Senate recedes to House section 3005 with technical
modifications. The Conferees note that Congress finds with regard to this
section that there are 8,000,000 workers in the trucking industry in the
United States, some working for large carriers and some for small carriers,
some for private carriers and some owner operators, all assisting the free
flow of commerce by transporting all types of commodities that enter, leave,
or move within this country. Unemployment, crime, and drug use have
contributed to an increase of violence against commercial truckers, an
increase that has gone unrecognized by the public at large. As few state or
local authorities report violent crimes against truckers as such to the
Federal Bureau of Investigation, statistics do not reflect this fast-growing
and increasingly violent segment of crime. The Federal Bureau of
Investigation investigated 282 truck hijackings involving crimes of violence
in 1993, not including attempted crimes and crimes addressed by State,
county, and local authorities. The Federal Government in large measure
finances the highway system the trucking industry uses, collecting large sums
in taxes from the industry and licenses, and regulates the industry and its
drivers, entailing a concomitant responsibility to protect them against
crime. Federal law provides protections to truckers in, among others,
sections 33 and 1951 of title 18, United States Code, but currently Federal
prosecutions are not undertaken unless certain monetary thresholds of loss
are met.

  Section 320907-House recedes to Senate section 5148 with technical
modifications. The Conferees note the Senate finds with regard to this
section that: (1) the National Center for Health Statistics has reported that
the out-of-wedlock birth rate reached 29.5 percent in 1991 (66.3 percent in
Washington DC., 71.0 percent in Detroit); (2) the out-of-wedlock birth rate
has increased without interruption since 1970, and, as pointed out recently
by George Will, "the rate of increase is not slowing even at extraordinary
levels"; (3) Dr. Lee Rainwater of Harvard University predicts that the rate
will reach 40 percent within 7 years; (4) Professor James Q. Wilson has
described the erosion of the family structure in the United States and
Western nations as "a major cultural convulsion" that is inextricably
associated with the rise of violent urban crime; (5) President Clinton has
stated on the national television program "Meet the Press" that there
is "absolutely" a correlation between crime and drugs and the breakdown of
the family.

  Section 320908-House recedes to Senate section 5106 with technical
modifications. The Conferees note the Senate finds with regard to this
section that (1) international criminal activity has increased dramatically
over the past decade and has been facilitated by modern developments in
transportation and communications, relaxed travel restrictions, and the
greatly increased volume of international trade; (2) The expansion of
international criminal activity is reflected in the growth of requests for
mutual legal assistance and extradition made between the United States and
other countries, the number of such requests having increased from 535 in
1984 to 2,238 in 1992; (3) The global reach of organized crime constitutes a
serious threat to the security and stability of sovereign nations; (4) the
expanding scope of international organized crime necessitates greater
cooperation among nations to prosecute and eliminate organized criminal
groups; (5) there is an urgent need for new approaches to allow the
international law enforcement community to pursue international criminals
across national boundaries; (6) The United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances has helped bring about
improved international cooperation with respect to narcotics; (7) The current
role of the United Nations with respect to international organized crime is
limited by the lack of a binding international convention dealing with the
broad range of organized criminal activity beyond narcotics; (8) The United
Nations Commission on Crime Prevention and Criminal Justice has successfully
facilitated the negotiation and implementation of mutual legal assistance and
extradition treaties between certain nations, and has helped train nations to
effectively execute the terms of such treaties; (9) The United Nations
Commission on Crime Prevention and Criminal Justice currently has limited
authority and resources.

  Section 320909-House recedes to Senate section 2961, optional venue for
espionage.

  Section 320910-House recedes to Senate section 2962, undercover
operations.

  Section 320911-House recedes to Senate section 2968, misuse of DEA
initials.

  Section 320912-House recedes to Senate section 2970, definition of
livestock, with modification.

  Section 320913-House recedes to Senate section 5155, asset forfeiture.

  Section 320914-House recedes to Senate section 5156, clarification of
court.

  Section 320915-House recedes to Senate section 5164. The Conferees note
that the Senate has found regarding this provision that we are losing control
of our streets and our neighborhoods to gangs, drugs and violent crime;
Americans tolerate a level of violence 5 times that of Canada and 10 times
that of England; this bill establishes a Violent Crime Reduction Trust Fund.
The conference report authorizes the revenues to fund the Trust Fund be
derived from savings resulting from a reduction in Federal personnel; and the
Federal law enforcement agencies charged with carrying out the provisions of
this Act will require substantial manpower to implement the Act.

  Section 320916-Senate recedes to House section 3041, traveler protection.

  Section 320917-House recedes to Senate section 2971, extension of statute
of limitations for arson, with modifications.

  Section 320918-House recedes to Senate section 1603, Sense of Congress
concerning child custody and visitation rights.

  Section 320919-Senate recedes to House section 3048, Edward Byrne Memorial
Formula Grant Program.

  Section 320920-House recedes to Senate section 5127, Law Day USA with
modification. The Conferees note that the Senate has found with regard to
this program that the first day of May each year has been designated as "Law
Day U.S.A." and set aside as a special day to advance equality and justice
under law, to encourage citizens' support for law enforcement and law
observance, and to foster respect for law and an understanding of the
essential place of law in the life of every citizen of the United States;
each day police officers and other law enforcement personnel perform their
duties unflinchingly and without hesitation; each year tens of thousands of
law enforcement personnel are injured or assaulted in the course of duty and
many are killed; law enforcement personnel are devoted to their jobs, are
underpaid for their efforts and are tireless in their work; and law
enforcement personnel perform their duties without adequate recognition.

  Section 320921-House recedes to Senate section 5154 with modifications.
This section ensures that a defendant convicted for the first time will
attend an appropriate rehabilitation program. The Conferees intend that the
courts ensure that defendants who may suffer from organic brain damage or
severe mental illness are referred to the most appropriate rehabilitative
care addressing their specific needs. Further, any rehabilitation program may
refer the defendant back to the court if it determines that its program is
inappropriate for the defendant.

  Section 320922-Senate recedes to House section 3001, Display of Flags at
Half Staff.

  Section 320923-Senate recedes to House section 3011, Financial Institution
Fraud.

  Section 320924-House recedes to Senate section 5114, definition of parent.

  Section 320926-House recedes to Senate section 5123, Hate Crime Statistics
Act.

  Section 320927-Senate recedes to House proposal exempting return of
handgun to owner from Brady background check requirement.

  Section 320928-House recedes to Senate sections 811-16, Protection of
Children, the Elderly, and Individuals with Disabilities, with modifications
to delete already enacted provisions and with other modifications.

  Section 320929-Senate recedes to House proposal regarding Tennessee Valley
Authority Law Enforcement.

  Section 320932-House recedes to Senate section 5162, Assistant United
States Attorney Residency, with modification to 25 miles.

  Section 320933-Senate recedes to House section 3086 with modifications.

  Section 320934-Senate recedes to House proposal regarding
non-dischargeability.

  Section 320935-House recedes to Senate section 831 with modifications.

  Senate section 5128, treatment of Indian tribes, recedes to House because
Indian tribal governments are incorporated throughout the bill.

  Senate section 5133, Control and Prevention of Crime in Indian Country,
recedes to House because Indian Tribes are incorporated throughout the bill.

  Senate section 5151, Supreme Court marshals and police, deleted because
already enacted.

  Senate section 5116, parental accountability, recedes to House.

  Senate section 5108, Report on Success of Royal Hong Kong Police
Recruiting, recedes to House.

  Senate section 5147 recedes to House. The Conferees note that the
substance of this provision is included in the provisions for alternative
punishment for young offenders.

  Senate section 5145, Children and Youth Utilizing Federal Land, recedes to
House.

  Senate section 5104 recedes to House.

  Senate section 5134, extension of RTC statute of limitations, recedes to
House.

  House sections 3061-62, Age Discrimination in Employment, recede to
Senate.

  House section 1098B, Benefit for Chaplains, recedes to Senate because
Senate budget point of order lies against this section.

  Senate sections 2801-03, Safe Schools, are deleted because already
enacted.

  Senate sections 1011-12, community substance abuse prevention, recede to
House.

  House section 1605 recedes to Senate.
                                                                   [pH8878]


                      TITLE XXXIII-TECHNICAL CORRECTIONS


  Sections 330001-025-Senate sections 3001-13 recede to the technical
corrections found in HR3131 with conforming changes and additional technical
corrections.
  Jack Brooks,
  Don Edwards,
  Bill Hughes,
  Charles Schumer,
  John Conyers,
  Pat Schroeder,
  Barney Frank,
  Michael N. Castle,

  As additional conferees from the Committee on Agriculture, for
consideration of sections 4601-08, 5105, and 5145 of the Senate amendment,
and modifications committed to conference:
  E de la Garza,
  Charlie Rose,
  Charlie Stenholm,
  Pat Roberts,
  Richard Pombo,

  As additional conferees from the Committee on Banking, Finance and Urban
Affairs, for consideration of sections 2201-04, 2301, and 4901-33 of the
Senate amendment, and sections 1031(b), 1038, and 1099AA-1099CC of the House
amendment, and modifications committed to conference:
  Henry Gonzalez,
  Stephen Neal,
  Bruce F. Vento,

  As additional conferees from the Committee on Education and Labor, for
consideration of sections 631-33, 662(e), 662(f), 811-16, 921-28, 1121-50,
1331, 2801-03, 3261, 3263, 3311, 3341, 3351, 3361, 3381-83, 3501, 3707,
4001-09, 4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122, 5135, 5140, 5142-43,
and 5147 of the Senate amendment, and sections 1010-26, 1030-34, 1038,
1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-1099O, 1099P-1099T, 1606, 1610,
1653-54, 1902(e), 1902(f), 2201-02, 2701-39, 3061-62, 3089-90, of the House
amendment, and modifications committed to conference:
  William D. Ford,
  Dale E. Kildee,

  As additional conferees from the Committee on Energy and Commerce, for
consideration of sections 1503-04, 1511-23, 1532, 1534-35, 1537, 1902(e),
3101-03, 3261, and 5166 of the Senate amendment, and sections 1010-26,
1041-44, 1606, 2901-03, and 3086 of the House Amendment, and modifications
committed to conference:
  John D. Dingell,
  Henry A. Waxman,
  Cardiss Collins,

  As additional conferees from the Committee on Government Operations, for
consideration of sections 1353-54, 1535, and 5150 of the Senate amendment,
and sections 1075-76 of the House amendment, and modifications committed to
conference:

  Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr. Waxman and
Mr. Clinger solely for the consideration of sections 1535 and 5150 of the
Senate amendment.
  John M. Spratt, Jr.,

  As additional conferees from the Committee on Merchant Marine and
Fisheries, for consideration of sections 713-15, 4601-08, 5105, and 5145 of
the Senate amendment, and modifications committed to conference:
  Gary E. Studds,
  George Hochbrueckner,

  As additional conferees from the Committee on Natural Resources, for
consideration of sections 3232-33, 4601-08, and 5145 of the Senate amndment
and sections 1099U-1099Z of the House amendment, and modifications committed
to conference:
  George Miller,
  Bruce Vento,
  Karen Shephard,
  Don Young,

  Provided, Ms. English of Arizona is appointed in lieu of Ms. Shepherd
solely for the consideration of sections 4601-08 of the Senate amendment.
  Karan English,

  Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd solely for the
consideration of sections 1099U-1099Z of the House amendment.
  Maurice Hinchey,

  As additional conferees from the Committee on Post Office and Civil
Service, for consideration of sections 1352 and 3371 of the Senate amendment,
and modifications committed to conference:
  William Clay,
  Frank McCloskey,
  Eleanor H. Norton,
  Constance Morella,

  As additional conferees from the Committee on Public Works and
Transportation, for consideration of sections 1533, 1536, and 3231 of the
Senate amendment, and section 1801 of the House amendment and modifications
committeed to conference:
  Norman Y. Mineta,
  Nick Rahall,
  Bud Shuster,
  Thomas E. Petri,

  As additional conferees from the Committee on Rules, for consideration of
sections 1353-54 of the Senate amendment, and modifications committed to
conference:
  Butler Derrick,

  As additional conferees from the Committee on Ways and Means, for
consideration of sections 311(b), 1502, 1515-16, 1802, 4702(e)(1), 5102, and
5113 of the Senate amendment, and modifications committed to conference:
  Dan Rostenkowski,
  Sam Gibbons,
  J.J. Pickle,
  Managers on the Part of the House.
  Joseph R. Biden, Jr.,
  Ted Kennedy,
  Howard Metzenbaum,
  Dennis DeConcini,
  Pat Leahy,
  Managers on the Part of the Senate.
                                                                   [pH8879]
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