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VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
__________
CONFERENCE REPORT
to Accompany
H.R. 3355
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
HOUSE OF REPRESENTATIVES Report 103-711
_________________________________________________________________
______
VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994
CONFERENCE REPORT
TO ACCOMPANY
H.R. 3355
Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1994
103D Congress 2d Session House of Representatives
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994
August 10, 1994. Ordered to be printed
Mr. BROOKS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 3355]
The committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the amendment of the Senate to the bill
(H.R. 3355), to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses as fol-
lows:
That the Senate recede from its disagreement to the amendment of the
House to the amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. a. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1 Short title
Sec. 2 Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; "Cops on the Beat".
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in &ntencing
Incentiue Grants
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
Subtitle B--Punishment for Young Offenders
Sec. 20201. Certainty of punishment for young offenders.
Sec. 20202. Grants for community-based violent juvenile facilities.
Subtitle C--Alien Incarceration
Sec. 20301. Incarceration of undocumented criminal aliens.
Subtitle D--Miscellaneous Provisions
Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of
imprisonment, release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of "good time"
Sec. 20406 Task force on prison construction standardization and
techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act
and the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal
prison facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.
TITLE 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.
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.
``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.
``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.
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.
``SEC. 1802. STATE APPLICATIONS.
``(a) In General.--
``(1) Submission of application.--To request a
grant under this part, the chief executive of a State
shall submit an application to the Attorney General in
such form and containing such information as the
Attorney General may reasonably require.
``(2) Assurances.--An application under paragraph
(1) shall include assurances that Federal funds
received under this part shall be used to supplement,
not supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
``(b) State Office.--The office designated under section
507--
``(1) shall prepare the application as required
under subsection (a); and
``(2) shall administer grant funds received under
this part, including review of spending, processing,
progress, financial reporting, technical assistance,
grant adjustments, accounting, auditing, and fund
disbursement.
``SEC. 1803. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Attorney General shall make a grant
under section 1801(a) to carry out the projects described in
the application submitted by such applicant under section 1802
upon determining that--
``(1) the application is consistent with the
requirements of this part; and
``(2) before the approval of the application, the
Attorney General has made an affirmative finding in
writing that the proposed project has been reviewed in
accordance with this part.
``(b) Approval.--Each application submitted under section
1802 shall be considered approved, in whole or in part, by the
Attorney General not later than 45 days after first received
unless the Attorney General informs the applicant of specific
reasons for disapproval.
``(c) Restriction.--Grant funds received under this part
shall not be used for land acquisition or construction
projects, other than alternative facilities described in
section 1801(b).
``(d) Disapproval Notice and Reconsideration.--The Attorney
General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity
for reconsideration.
``SEC. 1804. LOCAL APPLICATIONS.
``(a) In General.--
``(1) Submission of application.--To request funds
under this part from a State, the chief executive of a
unit of local government shall submit an application to
the office designated under section 1802(b).
``(2) Approval.--An application under paragraph (1)
shall be considered to have been approved, in whole or
in part, by the State not later than 45 days after such
application is first received unless the State informs
the applicant in writing of specific reasons for
disapproval.
``(3) Disapproval.--The State shall not disapprove
any application submitted to the State without first
affording the applicant reasonable notice and an
opportunity for reconsideration.
``(4) Effect of approval.--If an application under
subsection (a) is approved, the unit of local
government is eligible to receive funds under this
part.
``(b) Distribution to Units of Local Government.--A State
that receives funds under section 1801 in a fiscal year shall
make such funds available to units of local government with an
application that has been submitted and approved by the State
within 45 days after the Attorney General has approved the
application submitted by the State and has made funds available
to the State. The Attorney General may waive the 45-day
requirement in this section upon a finding that the State is
unable to satisfy such requirement under State statutes.
``SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated
under this part in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the
allocation under paragraph (1), there shall be
allocated to each of the participating States an amount
which bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number of
young offenders in all the participating States.
``(b) Local Distribution.--
``(1) In general.--A State that receives funds
under this part in a fiscal year shall distribute to
units of local government in such State for the
purposes specified under section 1801 that portion of
such funds which bears the same ratio to the aggregate
amount of such funds as the amount of funds expended by
all units of local government for correctional programs
in the preceding fiscal year bears to the aggregate
amount of funds expended by the State and all units of
local government in such State for correctional
programs in such preceding fiscal year.
``(2) Undistributed funds.--Any funds not
distributed to units of local government under
paragraph (1) shall be available for expenditure by
such State for purposes specified under section 1801.
``(3) Unused funds.-- If the Attorney General
determines, on the basis of information available
during any fiscal year, that a portion of the funds
allocated to a State for such fiscal year will not be
used by such State or that a State is not eligible to
receive funds under section 1801, the Attorney General
shall award such funds to units of local government in
such State giving priority to the units of local
government that the Attorney General considers to have
the greatest need.
``(c) General Requirement.--Notwithstanding subsections (a)
and (b), not less than two-thirds of funds received by a State
under this part shall be distributed to units of local
government unless the State applies for and receives a waiver
from the Attorney General.
``(d) Federal Share.--The Federal share of a grant made
under this part may not exceed 75 percent of the total costs of
the projects described in the application submitted under
section 1802(a) for the fiscal year for which the projects
receive assistance under this part.
``(e) Consideration.--Notwithstanding subsections (a) and
(b), in awarding grants under this part, the Attorney General
shall consider as a factor whether a State has in effect
throughout such State a law or policy that requires that a
juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of a
firearm or weapon on school property--
``(1) be suspended from school for a reasonable
period of time; and
``(2) lose driving license privileges for a
reasonable period of time.
``(f) Definition.--For purposes of this part, `juvenile'
means a person 18 years of age or younger.
``SEC. 1806. EVALUATION.
``(a) In General.--
``(1) Submission to the director.--Each State and
unit of local government that receives a grant under
this part shall submit to the Attorney General an
evaluation not later than March 1 of each year in
accordance with guidelines issued by the Attorney
General. Such evaluation shall include an appraisal by
representatives of the community of the programs funded
by the grant.
``(2) Waiver.--The Attorney General may waive the
requirement specified in paragraph (1) if the Attorney
General determines that such evaluation is not
warranted in the case of the State or unit of local
government involved.
``(b) Distribution.--The Attorney General shall make
available to the public on a timely basis evaluations received
under subsection (a).
``(c) Administrative Costs.--A State or unit of local
government may use not more than 5 percent of funds it receives
under this part to develop an evaluation program under this
section.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 10003(a), is
amended by striking the matter relating to part R and inserting
the following:
``Part R--Certain Punishments for Young Offenders
``Sec. 1801. Grant authorization.
``Sec. 1802. State applications.
``Sec. 1803. Review of State applications.
``Sec. 1804. Local applications.
``Sec. 1805. Allocation and distribution of funds.
``Sec. 1806. Evaluation.
``Part S--Transition--Effective Date--Repealer
``Sec. 1901. Continuation of rules, authorities, and proceedings.''.
(c) Definition.--Section 901(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is
amended--
(1) by adding a semicolon at the end of paragraph
(21);
(2) by striking ``and'' at the end of paragraph
(22);
(3) by striking the period at the end of paragraph
(23) and inserting a semicolon; and
(4) by adding after paragraph (23) the following:
``(24) the term `young offender' means a non-
violent first-time offender or a non-violent offender
with a minor criminal record who is 22 years of age or
younger (including juveniles).''.
(d) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 10003(c), is
amended--
(1) in paragraph (3) by striking ``and Q'' and
inserting ``Q, or R''; and
(2) by adding at the end the following new
paragraph:
``(16) There are authorized to be appropriated to carry out
projects under part R--
``(A) $20,000,000 for fiscal year 1996;
``(B) $25,000,000 for fiscal year 1997;
``(C) $30,000,000 for fiscal year 1998;
``(D) $35,000,000 for fiscal year 1999; and
``(E) $40,000,000 for fiscal year 2000.''.
Subtitle C--Alien Incarceration
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the end
the following new subsection:
``(j) Incarceration.--
``(1) If the chief executive officer of a State
(or, if appropriate, a political subdivision of the
State) exercising authority with respect to the
incarceration of an undocumented criminal alien submits
a written request to the Attorney General, the Attorney
General shall, as determined by the Attorney General--
``(A) enter into a contractual arrangement
which provides for compensation to the State or
a political subdivision of the State, as may be
appropriate, with respect to the incarceration
of the undocumented criminal alien; or
``(B) take the undocumented criminal alien
into the custody of the Federal Government and
incarcerate the alien.
``(2) Compensation under paragraph (1)(A) shall be
the average cost of incarceration of a prisoner in the
relevant State as determined by the Attorney General.
``(3) For purposes of this subsection, the term
`undocumented criminal alien' means an alien who--
``(A) has been convicted of a felony and
sentenced to a term of imprisonment; and
``(B)(i) entered the United States without
inspection or at any time or place other than
as designated by the Attorney General;
``(ii) was the subject of exclusion or
deportation proceedings at the time he or she
was taken into custody by the State or a
political subdivision of the State; or
``(iii) was admitted as a nonimmigrant and
at the time he or she was taken into custody by
the State or a political subdivision of the
State has failed to maintain the nonimmigrant
status in which the alien was admitted or to
which it was changed under section 248, or to
comply with the conditions of any such status.
``(4)(A) In carrying out paragraph (1), the
Attorney General shall give priority to the Federal
incarceration of undocumented criminal aliens who have
committed aggravated felonies.
``(B) The Attorney General shall ensure that
undocumented criminal aliens incarcerated in Federal
facilities pursuant to this subsection are held in
facilities which provide a level of security
appropriate to the crimes for which they were
convicted.
``(5) There are authorized to be appropriated such
sums as may be necessary to carry out this subsection,
of which the following amounts may be appropriated from
the Violent Crime Reduction Trust Fund:
``(A) $130,000,000 for fiscal year 1995;
``(B) $300,000,000 for fiscal year 1996;
``(C) $330,000,000 for fiscal year 1997;
``(D) $350,000,000 for fiscal year 1998;
``(E) $350,000,000 for fiscal year 1999;
and
``(F) $340,000,000 for fiscal year 2000.''
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 1994.
(c) Termination of Limitation.--Notwithstanding section
242(j)(5) of the Immigration and Nationality Act, as added by
subsection (a), the requirements of section 242(j) of the
Immigration and Nationality Act, as added by subsection (a),
shall not be subject to the availability of appropriations on
and after October 1, 2004.
Subtitle D--Miscellaneous Provisions
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States
Code, is amended by inserting after subsection (5) the
following: ``In designating the place of imprisonment or making
transfers under this subsection, there shall be no favoritism
given to prisoners of high social or economic status.''.
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4047. Prison impact assessments
``(a) Any submission of legislation by the Judicial or
Executive branch which could increase or decrease the number of
persons incarcerated in Federal penal institutions shall be
accompanied by a prison impact statement (as defined in
subsection (b)).
``(b) The Attorney General shall, in consultation with the
Sentencing Commission and the Administrative Office of the
United States Courts, prepare and furnish prison impact
assessments under subsection (c) of this section, and in
response to requests from Congress for information relating to
a pending measure or matter that might affect the number of
defendants processed through the Federal criminal justice
system. A prison impact assessment on pending legislation must
be supplied within 21 days of any request. A prison impact
assessment shall include--
``(1) projections of the impact on prison,
probation, and post prison supervision populations;
``(2) an estimate of the fiscal impact of such
population changes on Federal expenditures, including
those for construction and operation of correctional
facilities for the current fiscal year and 5 succeeding
fiscal years;
``(3) an analysis of any other significant factor
affecting the cost of the measure and its impact on the
operations of components of the criminal justice
system; and
``(4) a statement of the methodologies and
assumptions utilized in preparing the assessment.
``(c) The Attorney General shall prepare and transmit to
the Congress, by March 1 of each year, a prison impact
assessment reflecting the cumulative effect of all relevant
changes in the law taking effect during the preceding calendar
year.''.
(b) Technical Amendment.--The chapter analysis for chapter
303 is amended by adding at the end the following new item:
``4047. Prison impact assessments.''.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
IMPRISONMENT, RELEASE, AND PROBATION.
(a) Imposition of Sentence.--Section 3572(a) of title 18,
United States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the following
new paragraph:
``(6) the expected costs to the government of any
imprisonment, supervised release, or probation
component of the sentence;''.
(b) Duties of the Sentencing Commission.--Section 994 of
title 28, United States Code, is amended by adding at the end
the following new subsection:
``(y) The Commission, in promulgating guidelines pursuant
to subsection (a)(1), may include, as a component of a fine,
the expected costs to the Government of any imprisonment,
supervised release, or probation sentence that is ordered.''.
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed
prior to November 1, 1987, the reference to supervised release
in section 4042(b) of title 18, United States Code, shall be
deemed to be a reference to probation or parole.
SEC. 20405. CREDITING OF ``GOOD TIME''.
Section 3624 of title 18, United States Code, is amended--
(1) by striking ``he'' each place it appears and
inserting ``the prisoner'';
(2) by striking ``his'' each place it appears and
inserting ``the prisoner's'';
(3) in subsection (d) by striking ``him'' and
inserting ``the prisoner''; and
(4) in subsection (b)--
(A) in the first sentence by inserting
``(other than a prisoner serving a sentence for
a crime of violence)'' after ``A prisoner'';
and
(B) by inserting after the first sentence
the following: ``A prisoner who is serving a
term of imprisonment of more than 1 year for a
crime of violence, other than a term of
imprisonment for the duration of the prisoner's
life, may receive credit toward the service of
the prisoner's sentence, beyond the time
served, of up to 54 days at the end of each
year of the prisoner's term of imprisonment,
beginning at the end of the first year of the
term, subject to determination by the Bureau of
Prisons that, during that year, the prisoner
has displayed exemplary compliance with such
institutional disciplinary regulations.''.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
TECHNIQUES.
(a) Task Force.--The Director of the National Institute of
Corrections shall, subject to availability of appropriations,
establish a task force composed of Federal, State, and local
officials expert in prison construction, and of at least an
equal number of engineers, architects, and construction experts
from the private sector with expertise in prison design and
construction, including the use of cost-cutting construction
standardization techniques and cost-cutting new building
materials and technologies.
(b) Cooperation.--The task force shall work in close
cooperation and communication with other State and local
officials responsible for prison construction in their
localities.
(c) Performance Requirements.--The task force shall work
to--
(1) establish and recommend standardized
construction plans and techniques for prison and prison
component construction; and
(2) evaluate and recommend new construction
technologies, techniques, and materials,
to reduce prison construction costs at the Federal, State, and
local levels and make such construction more efficient.
(d) Dissemination.--The task force shall disseminate
information described in subsection (c) to State and local
officials involved in prison construction, through written
reports and meetings.
(e) Promotion and Evaluation.--The task force shall--
(1) work to promote the implementation of cost-
saving efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and
effectiveness of such cost-saving efforts as adopted,
broadly disseminating information on the results; and
(3) to the extent feasible, certify the
effectiveness of the cost-savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) In General.--In the administration of each grant
program funded by appropriations authorized by this Act or by
an amendment made by this Act, the Attorney General shall
encourage--
(1) innovative methods for the low-cost
construction of facilities to be constructed,
converted, or expanded and the low-cost operation of
such facilities and the reduction of administrative
costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) Assessment of Construction Components and Designs.--The
Attorney General may make an assessment of the cost efficiency
and utility of using modular, prefabricated, precast, and pre-
engineered construction components and designs for housing
nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT
AND THE NATIONAL LITERACY ACT OF 1991.
(a) Technical Amendment.--The matter preceding paragraph
(1) of section 214(d) of the Department of Education
Organization Act (20 U.S.C. 3423a(d)) is amended by striking
``under subsection (a)'' and inserting ``under subsection
(c)''.
(b) Establishment of a Panel and Use of Funds.--Section 601
of the National Literacy Act of 1991 (20 U.S.C. 1211-2) is
amended--
(1) by redesignating subsection (g) as subsection
(i); and
(2) by inserting after subsection (f) the following
new subsections:
``(g) Panel.--The Secretary is authorized to consult with
and convene a panel of experts in correctional education,
including program administrators and field-based professionals
in adult corrections, juvenile services, jails, and community
corrections programs, to--
``(1) develop measures for evaluating the
effectiveness of the programs funded under this
section; and
``(2) evaluate the effectiveness of such programs.
``(h) Use of Funds.--Notwithstanding any other provision of
law, the Secretary may use not more than five percent of funds
appropriated under subsection (i) in any fiscal year to carry
out grant-related activities such as monitoring, technical
assistance, and replication and dissemination.''.
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter
C of chapter 229 of part 2 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 3626. Appropriate remedies with respect to prison crowding
``(a) Requirement of Showing With Respect to the Plaintiff
in Particular.--
``(1) Holding.--A Federal court shall not hold
prison or jail crowding unconstitutional under the
eighth amendment except to the extent that an
individual plaintiff inmate proves that the crowding
causes the infliction of cruel and unusual punishment
of that inmate.
``(2) Relief.--The relief in a case described in
paragraph (1) shall extend no further than necessary to
remove the conditions that are causing the cruel and
unusual punishment of the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to
particular prisoners.--A Federal court shall not place
a ceiling on the inmate population of any Federal,
State, or local detention facility as an equitable
remedial measure for conditions that violate the eighth
amendment unless crowding is inflicting cruel and
unusual punishment on particular identified prisoners.
``(2) Rule of construction.--Paragraph (1) shall
not be construed to have any effect on Federal judicial
power to issue equitable relief other than that
described in paragraph (1), including the requirement
of improved medical or health care and the imposition
of civil contempt fines or damages, where such relief
is appropriate.
``(c) Periodic Reopening.--Each Federal court order or
consent decree seeking to remedy an eighth amendment violation
shall be reopened at the behest of a defendant for recommended
modification at a minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18,
United States Code, as added by paragraph (1), shall apply to
all outstanding court orders on the date of enactment of this
Act. Any State or municipality shall be entitled to seek
modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Technical Amendment.--The subchapter analysis for
subchapter C of chapter 229 of title 18, United States Code, is
amended by adding at the end the following new item:
``3626. Appropriate remedies with respect to prison crowding.''.
(d) Sunset Provision.--This section and the amendments made
by this section are repealed effective as of the date that is 5
years after the date of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) Congressional Approval.--Notwithstanding any other
provision of law, the existing prison facilities and complex at
the District of Columbia Corrections Facility at Lorton,
Virginia, shall not be expanded unless such expansion has been
approved by the Congress under the authority provided to
Congress in section 446 of the District of Columbia Self-
Government and Governmental Reorganization Act.
(b) Senate Hearings.--The Senate directs the Subcommittee
on the District of Columbia of the Committee on Appropriations
of the Senate to conduct hearings regarding expansion of the
prison complex in Lorton, Virginia, prior to any approval
granted pursuant to subsection (a). The subcommittee shall
permit interested parties, including appropriate officials from
the County of Fairfax, Virginia, to testify at such hearings.
(c) Definition.--For purposes of this section, the terms
``expanded'' and ``expansion'' mean any alteration of the
physical structure of the prison complex that is made to
increase the number of inmates incarcerated at the prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) In General.--Section 401(b)(8) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as
follows:
``(8) No basic grant shall be awarded under this subpart to
any individual who is incarcerated in any Federal or State
penal institution.''.
(b) Application of Amendment.--The amendment made by this
section shall apply with respect to periods of enrollment
beginning on or after the date of enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is
amended--
(1) by inserting ``(1)'' after ``behavior.--'';
(2) by striking ``Such credit toward service of
sentence vests at the time that it is received. Credit
that has vested may not later be withdrawn, and credit
that has not been earned may not later be granted.''
and inserting ``Credit that has not been earned may not
later be granted.''; and
(3) by adding at the end the following:
``(2) Credit toward a prisoner's service of sentence shall
not be vested unless the prisoner has earned or is making
satisfactory progress toward a high school diploma or an
equivalent degree.
``(3) The Attorney General shall ensure that the Bureau of
Prisons has in effect an optional General Educational
Development program for inmates who have not earned a high
school diploma or its equivalent.
``(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the Director
of the Federal Bureau of Prisons.''.
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL
PRISON FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and
the Attorney General shall jointly conduct a study of all
military installations selected before the date of enactment of
this Act to be closed pursuant to a base closure law for the
purpose of evaluating the suitability of any of these
installations, or portions of these installations, for
conversion into Federal prison facilities. As part of the
study, the Secretary and the Attorney General shall identify
the military installations so evaluated that are most suitable
for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the
suitability of a military installation for conversion into a
Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to convert
the installation into a prison facility and such other factors
as the Secretary and the Attorney General consider to be
appropriate.
(c) Time for Study.--The study required by subsection (a)
shall be completed not later than the date that is 180 days
after the date of enactment of this Act.
(d) Construction of Federal Prisons.--
(1) In general.--In determining where to locate any
new Federal prison facility, and in accordance with the
Department of Justice's duty to review and identify a
use for any portion of an installation closed pursuant
to title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526)
and the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510), the
Attorney General shall--
(A) consider whether using any portion of a
military installation closed or scheduled to be
closed in the region pursuant to a base closure
law provides a cost-effective alternative to
the purchase of real property or construction
of new prison facilities;
(B) consider whether such use is consistent
with a reutilization and redevelopment plan;
and
(C) give consideration to any installation
located in a rural area the closure of which
will have a substantial adverse impact on the
economy of the local communities and on the
ability of the communities to sustain an
economic recovery from such closure.
(2) Consent.--With regard to paragraph (1)(B),
consent must be obtained from the local re-use
authority for the military installation, recognized and
funded by the Secretary of Defense, before the Attorney
General may proceed with plans for the design or
construction of a prison at the installation.
(3) Report on basis of decision.--Before proceeding
with plans for the design or construction of a Federal
prison, the Attorney General shall submit to Congress a
report explaining the basis of the decision on where to
locate the new prison facility.
(4) Report on cost-effectiveness.--If the Attorney
General decides not to utilize any portion of a closed
military installation or an installation scheduled to
be closed for locating a prison, the report shall
include an analysis of why installations in the region,
the use of which as a prison would be consistent with a
reutilization and redevelopment plan, does not provide
a cost-effective alternative to the purchase of real
property or construction of new prison facilities.
(e) Definition.--In this section, ``base closure law''
means--
(1) the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note); and
(2) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.
(a) Drug Testing Program.--
(1) In general.--Subchapter A of chapter 229 of
title 18, United States Code, is amended by adding at
the end the following new section:
``Sec. 3608. Drug testing of Federal offenders on post-conviction
release
``The Director of the Administrative Office of the United
States Courts, in consultation with the Attorney General and
the Secretary of Health and Human Services, shall, subject to
the availability of appropriations, establish a program of drug
testing of Federal offenders on post-conviction release. The
program shall include such standards and guidelines as the
Director may determine necessary to ensure the reliability and
accuracy of the drug testing programs. In each judicial
district the chief probation officer shall arrange for the drug
testing of defendants on post-conviction release pursuant to a
conviction for a felony or other offense described in section
3563(a)(4).''.
(2) Technical amendment.--The subchapter analysis
for subchapter A of chapter 229 of title 18, United
States Code, is amended by adding at the end the
following new item:
``3608. Drug testing of Federal offenders on post-conviction release.''.
(b) Conditions of Probation.--Section 3563(a) of title 18,
United States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) in paragraph (3) by striking the period and
inserting ``; and'';
(3) by adding at the end the following new
paragraph:
``(4) for a felony, a misdemeanor, or an
infraction, that the defendant refrain from any
unlawful use of a controlled substance and submit to
one drug test within 15 days of release on probation
and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled
substance, but the condition stated in this paragraph
may be ameliorated or suspended by the court for any
individual defendant if the defendant's presentence
report or other reliable sentencing information
indicates a low risk of future substance abuse by the
defendant.''; and
(4) by adding at the end the following: ``The
results of a drug test administered in accordance with
paragraph (4) shall be subject to confirmation only if
the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is
some other reason to question the results of the test.
A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed
using gas chromatography/mass spectrometry techniques
or such test as the Director of the Administrative
Office of the United States Courts after consultation
with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate
substance abuse treatment programs, or an individual's
current or past participation in such programs,
warrants an exception in accordance with United States
Sentencing Commission guidelines from the rule of
section 3565(b), when considering any action against a
defendant who fails a drug test administered in
accordance with paragraph (4).''.
(c) Conditions of Supervised Release.--Section 3583(d) of
title 18, United States Code, is amended by inserting after the
first sentence the following: ``The court shall also order, as
an explicit condition of supervised release, that the defendant
refrain from any unlawful use of a controlled substance and
submit to a drug test within 15 days of release on supervised
release and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance. The
condition stated in the preceding sentence may be ameliorated
or suspended by the court as provided in section 3563(a)(4).
The results of a drug test administered in accordance with the
preceding subsection shall be subject to confirmation only if
the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant denies
the accuracy of such test or there is some other reason to
question the results of the test. A drug test confirmation
shall be a urine drug test confirmed using gas chromatography/
mass spectrometry techniques or such test as the Director of
the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance
abuse treatment programs, or an individual's current or past
participation in such programs, warrants an exception in
accordance with United States Sentencing Commission guidelines
from the rule of section 3583(g) when considering any action
against a defendant who fails a drug test.''.
(d) Conditions of Parole.--Section 4209(a) of title 18,
United States Code, is amended by inserting after the first
sentence the following: ``In every case, the Commission shall
also impose as a condition of parole that the parolee pass a
drug test prior to release and refrain from any unlawful use of
a controlled substance and submit to at least 2 periodic drug
tests (as determined by the Commission) for use of a controlled
substance. The condition stated in the preceding sentence may
be ameliorated or suspended by the Commission for any
individual parolee if it determines that there is good cause
for doing so. The results of a drug test administered in
accordance with the provisions of the preceding sentence shall
be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of
the test. A drug test confirmation shall be a urine drug test
confirmed using gas chromatography/mass spectrometry techniques
or such test as the Director of the Administrative Office of
the United States Courts after consultation with the Secretary
of Health and Human Services may determine to be of equivalent
accuracy. The Commission shall consider whether the
availability of appropriate substance abuse treatment programs,
or an individual's current or past participation in such
programs, warrants an exception in accordance with United
States Sentencing Commission guidelines from the rule of
section 4214(f) when considering any action against a defendant
who fails a drug test.''.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
(a) In General.--Section 6050I of the Internal Revenue Code
of 1986 (relating to returns relating to cash received in trade
or business) is amended by adding at the end the following new
subsection:
``(g) Cash Received by Criminal Court Clerks.--
``(1) In general.--Every clerk of a Federal or
State criminal court who receives more than $10,000 in
cash as bail for any individual charged with a
specified criminal offense shall make a return
described in paragraph (2) (at such time as the
Secretary may by regulations prescribe) with respect to
the receipt of such bail.
``(2) Return.--A return is described in this
paragraph if such return--
``(A) is in such form as the Secretary may
prescribe, and
``(B) contains--
``(i) the name, address, and TIN
of--
``(I) the individual
charged with the specified
criminal offense, and
``(II) each person posting
the bail (other than a person
licensed as a bail bondsman),
``(ii) the amount of cash received,
``(iii) the date the cash was
received, and
``(iv) such other information as
the Secretary may prescribe.
``(3) Specified criminal offense.--For purposes of
this subsection, the term `specified criminal offense'
means--
``(A) any Federal criminal offense
involving a controlled substance,
``(B) racketeering (as defined in section
1951, 1952, or 1955 of title 18, United States
Code),
``(C) money laundering (as defined in
section 1956 or 1957 of such title), and
``(D) any State criminal offense
substantially similar to an offense described
in subparagraph (A), (B), or (C).
``(4) Information to federal prosecutors.--Each
clerk required to include on a return under paragraph
(1) the information described in paragraph (2)(B) with
respect to an individual described in paragraph
(2)(B)(i)(I) shall furnish (at such time as the
Secretary may by regulations prescribe) a written
statement showing such information to the United States
Attorney for the jurisdiction in which such individual
resides and the jurisdiction in which the specified
criminal offense occurred.
``(5) Information to payors of bail.--Each clerk
required to make a return under paragraph (1) shall
furnish (at such time as the Secretary may by
regulations prescribe) to each person whose name is
required to be set forth in such return by reason of
paragraph (2)(B)(i)(II) a written statement showing--
``(A) the name and address of the clerk's
office required to make the return, and
``(B) the aggregate amount of cash
described in paragraph (1) received by such
clerk.''.
(b) Conforming Amendments.--
(1) Clause (iv) of section 6724(d)(1)(B) of the
Internal Revenue Code of 1986 is amended to read as
follows:
``(iv) section 6050I (a) or (g)(1)
(relating to cash received in trade or
business, etc.),''.
(2) Subparagraph (K) of section 6724(d)(2) of the
Internal Revenue Code of 1986 is amended to read as
follows:
``(K) section 6050I(e) or paragraph (4) or
(5) of section 6050I(g) (relating to cash
received in trade or business, etc.),''.
(3) The heading for section 6050I of the Internal
Revenue Code of 1986 is amended by striking
``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.''.
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.
Subtitle B--Local Crime Prevention Block Grant Program
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) Payment and Use.--
(1) Payment.--The Attorney General, shall pay to
each unit of general local government which qualifies
for a payment under this subtitle an amount equal to
the sum of any amounts allocated to the government
under this subtitle for each payment period. The
Attorney General shall pay such amount from amounts
appropriated under section 30202.
(2) Use.--Amounts paid to a unit of general local
government under this section shall be used by that
unit for carrying out one or more of the following
purposes:
(A) Education, training, research,
prevention, diversion, treatment, and
rehabilitation programs to prevent juvenile
violence, juvenile gangs, and the use and sale
of illegal drugs by juveniles.
(B) Programs to prevent crimes against the
elderly based on the concepts of the Triad
model.
(C) Programs that prevent young children
from becoming gang involved, including the
award of grants or contracts to community-based
service providers that have a proven track
record of providing services to children ages 5
to 18.
(D) Saturation jobs programs, offered
either separately or in conjunction with the
services provided for under the Youth Fair
Chance Program, that provide employment
opportunities leading to permanent unsubsidized
employment for disadvantaged young adults 16
through 25 years of age.
(E) Midnight sports league programs that
shall require each player in the league to
attend employment counseling, job training, and
other educational classes provided under the
program, which shall be held in conjunction
with league sports games at or near the site of
the games.
(F) Supervised sports and recreation
programs, including Olympic Youth Development
Centers established in cooperation with the
United States Olympic Committee, that are
offered--
(i) after school and on weekends
and holidays, during the school year;
and
(ii) as daily (or weeklong) full-
day programs (to the extent available
resources permit) or as part-day
programs, during the summer months.
(G) Prevention and enforcement programs to
reduce--
(i) the formation or continuation
of juvenile gangs; and
(ii) the use and sale of illegal
drugs by juveniles.
(H) Youth anticrime councils to give
intermediate and secondary school students a
structured forum through which to work with
community organizations, law enforcement
officials, government and media
representatives, and school administrators and
faculty to address issues regarding youth and
violence.
(I) Award of grants or contracts to the
Boys and Girls Clubs of America, a national
nonprofit youth organization, to establish Boys
and Girls Clubs in public housing.
(J) Supervised visitation centers for
children who have been removed from their
parents and placed outside the home as a result
of abuse or neglect or other risk of harm to
them and for children whose parents are
separated or divorced and the children are at
risk because--
(i) there is documented sexual,
physical, or emotional abuse as
determined by a court of competent
jurisdiction;
(ii) there is suspected or elevated
risk of sexual, physical, or emotional
abuse, or there have been threats of
parental abduction of the child;
(iii) due to domestic violence,
there is an ongoing risk of harm to a
parent or child;
(iv) a parent is impaired because
of substance abuse or mental illness;
(v) there are allegations that a
child is at risk for any of the reasons
stated in clauses (i), (ii), (iii), and
(iv), pending an investigation of the
allegations; or
(vi) other circumstances, as
determined by a court of competent
jurisdiction, point to the existence of
such a risk.
(K) Family Outreach Teams which provide a
youth worker, a parent worker, and a school-
parent organizer to provide training in
outreach, mentoring, community organizing and
peer counseling and mentoring to locally
recruited volunteers in a particular area.
(L) To establish corridors of safety for
senior citizens by increasing the numbers,
presence, and watchfulness of law enforcement
officers, community groups, and business owners
and employees.
(M) Teams or units involving both specially
trained law enforcement professionals and child
or family services professionals that on a 24-
hour basis respond to or deal with violent
incidents in which a child is involved as a
perpetrator, witness, or victim.
(N) Dwelling units to law enforcement
officers without charge or at a substantially
reduced rent for the purpose of providing
greater security for residents of high crime
areas.
(b) Timing of Payments.--The Attorney General shall pay
each amount allocated under this subtitle to a unit of general
local government for a payment period by the later of 90 days
after the date the amount is available or the first day of the
payment period if the unit of general local government has
provided the Attorney General with the assurances required by
section 30203(d).
(c) Adjustments.--
(1) In general.--Subject to paragraph (2), the
Attorney General shall adjust a payment under this
subtitle to a unit of general local government to the
extent that a prior payment to the government was more
or less than the amount required to be paid.
(2) Considerations.--The Attorney General may
increase or decrease under this subsection a payment to
a unit of general local government only if the Attorney
General determines the need for the increase or
decrease, or the unit requests the increase or
decrease, within one year after the end of the payment
period for which the payment was made.
(d) Reservation for Adjustments.--The Attorney General may
reserve a percentage of not more than 2 percent of the amount
under this section for a payment period for all units of
general local government in a State if the Attorney General
considers the reserve is necessary to ensure the availability
of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local
government in the State.
(e) Repayment of Unexpended Amounts.--
(1) Repayment required.--A unit of general local
government shall repay to the Attorney General, by not
later than 15 months after receipt from the Attorney
General, any amount that is--
(A) paid to the unit from amounts
appropriated under the authority of this
section; and
(B) not expended by the unit within one
year after receipt from the Attorney General.
(2) Penalty for failure to repay.--If the amount
required to be repaid is not repaid, the Attorney
General shall reduce payments in future payment periods
accordingly.
(3) Deposit of amounts repaid.--Amounts received by
the Attorney General as repayments under this
subsection shall be deposited in a designated fund for
future payments to units of general local government.
(f) Nonsupplanting Requirement.--Funds made available under
this subtitle to units of local government shall not be used to
supplant State or local funds, but will be used to increase the
amount of funds that would, in the absence of funds under this
subtitle, be made available from State or local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle--
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) Administrative Costs.--Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is
authorized to be appropriated for the period fiscal year 1995
through fiscal year 2000 to be available for administrative
costs by the Attorney General in furtherance of the purposes of
the program. Such sums are to remain available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) In General.--The Attorney General shall issue
regulations establishing procedures under which eligible units
of general local government are required to provide notice to
the Attorney General of the units' proposed use of assistance
under this subtitle.
(b) General Requirements for Qualification.--A unit of
general local government qualifies for a payment under this
subtitle for a payment period only after establishing to the
satisfaction of the Attorney General that--
(1) the government will establish a trust fund in
which the government will deposit all payments received
under this subtitle;
(2) the government will use amounts in the trust
fund (including interest) during a reasonable period;
(3) the government will expend the payments so
received, in accordance with the laws and procedures
that are applicable to the expenditure of revenues of
the government;
(4) if at least 25 percent of the pay of
individuals employed by the government in a public
employee occupation is paid out of the trust fund,
individuals in the occupation any part of whose pay is
paid out of the trust fund will receive pay at least
equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by the
government;
(5) the government will use accounting, audit, and
fiscal procedures that conform to guidelines which
shall be prescribed by the Attorney General after
consultation with the Comptroller General of the United
States. As applicable, amounts received under this
subtitle shall be audited in compliance with the Single
Audit Act of 1984;
(6) after reasonable notice to the government, the
government will make available to the Attorney General
and the Comptroller General of the United States, with
the right to inspect, records the Attorney General
reasonably requires to review compliance with this
subtitle or the Comptroller General of the United
States reasonably requires to review compliance and
operations;
(7) the government will make reports the Attorney
General reasonably requires, in addition to the annual
reports required under this subtitle; and
(8) the government will spend the funds only for
the purposes set forth in section 30201(a)(2).
(c) Review by Governors.--A unit of general local
government shall give the chief executive officer of the State
in which the government is located an opportunity for review
and comment before establishing compliance with subsection (d).
(d) Sanctions for Noncompliance.--
(1) In general.--If the Attorney General decides
that a unit of general local government has not
complied substantially with subsection (b) or
regulations prescribed under subsection (b), the
Attorney General shall notify the government. The
notice shall state that if the government does not take
corrective action by the 60th day after the date the
government receives the notice, the Attorney General
will withhold additional payments to the government for
the current payment period and later payment periods
until the Attorney General is satisfied that the
government--
(A) has taken the appropriate corrective
action; and
(B) will comply with subsection (b) and
regulations prescribed under subsection (b).
(2) Notice.--Before giving notice under paragraph
(1), the Attorney General shall give the chief
executive officer of the unit of general local
government reasonable notice and an opportunity for
comment.
(3) Payment conditions.--The Attorney General may
make a payment to a unit of general local government
notified under paragraph (1) only if the Attorney
General is satisfied that the government--
(A) has taken the appropriate corrective
action; and
(B) will comply with subsection (b) and
regulations prescribed under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) State Distribution.--For each payment period, the
Attorney General shall allocate out of the amount appropriated
for the period under the authority of section 30202--
(1) 0.25 percent to each State; and
(2) Of the total amount of funds remaining after
allocation under paragraph (1), an amount that is equal
to--
the ratio that the number of part 1 violent
crimes reported by such State to the Federal
Bureau of Investigation for 1993 bears to the
number of part 1 violent crimes reported by all
States to the Federal Bureau of Investigation
for 1993
(b) Local Distribution.--(1) The Attorney General shall
allocate among the units of general local government in a State
the amount allocated to the State under paragraphs (1) and (2)
of subsection (a).
(2) The Attorney General shall allocate to each unit of
general local government an amount which bears the ratio that
the number of part 1 violent crimes reported by such unit to
the Federal Bureau of Investigation for 1993 bears to the
number of part 1 violent crimes reported by all units in the
State in which the unit is located to the Federal Bureau of
Investigation for 1993 multiplied by the ratio of the
population living in all units in the State in which the unit
is located that reported part 1 violent crimes to the Federal
Bureau of Investigation for 1993 bears to the population of the
State; or if such data are not available for a unit, the ratio
that the population of such unit bears to the population of all
units in the State in which the unit is located for which data
are not available multiplied by the ratio of the population
living in units in the State in which the unit is located for
which data are not available bears to the population of the
State.
(3) If under paragraph (2) a unit is allotted less than
$5,000 for the payment period, the amount allotted shall be
transferred to the Governor of the State who shall equitably
distribute the allocation to all such units or consortia
thereof.
(4) If there is in a State a unit of general local
government that has been incorporated since the date of the
collection of the data used by the Attorney General in making
allocations pursuant to this section, the Attorney General
shall allocate to this newly incorporated local government, out
of the amount allocated to the State under this section, an
amount bearing the same ratio to the amount allocated to the
State as the population of the newly incorporated local
government bears to the population of the State. If there is in
the State a unit of general local government that has been
annexed since the date of the collection of the data used by
the Attorney General in making allocations pursuant to this
section, the Attorney General shall pay the amount that would
have been allocated to this local government to the unit of
general local government that annexed it.
(c) Unavailability of Information.--For purposes of this
section, if data regarding part 1 violent crimes in any State
for 1993 is unavailable or substantially inaccurate, the
Attorney General shall utilize the best available comparable
data regarding the number of violent crimes for 1993 for such
State for the purposes of allocation of any funds under this
subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle
may be utilized to contract with private, nonprofit entities or
community-based organizations to carry out the uses specified
under section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under
this subtitle shall hold at least one public hearing on the
proposed use of the payment in relation to its entire budget.
At the hearing, persons shall be given an opportunity to
provide written and oral views to the governmental authority
responsible for enacting the budget and to ask questions about
the entire budget and the relation of the payment to the entire
budget. The government shall hold the hearing at a time and a
place that allows and encourages public attendance and
participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus
Crime Control and Safe Streets Act of 1968, shall apply to the
Attorney General for purposes of carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``unit of general local government''
means--
(A) a county, township, city, or political
subdivision of a county, township, or city,
that is a unit of general local government as
determined by the Secretary of Commerce for
general statistical purposes; and
(B) the District of Columbia and the
recognized governing body of an Indian tribe or
Alaskan Native village that carries out
substantial governmental duties and powers.
(2) The term ``payment period'' means each 1-year
period beginning on October 1 of the years 1995 through
2000.
(3) The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands,
except that American Samoa, Guam, and the Northern
Mariana Islands shall be considered as one State and
that, for purposes of 30204(a), 33 per centum of the
amounts allocated shall be allocated to American Samoa,
50 per centum to Guam, and 17 per centum to the
Northern Mariana Islands.
(4) The term ``children'' means persons who are not
younger than 5 and not older than 18 years old.
(5) The term ``part 1 violent crimes'' means murder
and non-negligent manslaughter, forcible rape, robbery,
and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform
Crime Reports.
Subtitle C--Model Intensive Grant Programs
SEC. 30301. GRANT AUTHORIZATION.
(a) Establishment.--
(1) In general.--The Attorney General may award
grants to not more than 15 chronic high intensive crime
areas to develop comprehensive model crime prevention
programs that--
(A) involve and utilize a broad spectrum of
community resources, including nonprofit
community organizations, law enforcement
organizations, and appropriate State and
Federal agencies, including the State
educational agencies;
(B) attempt to relieve conditions that
encourage crime; and
(C) provide meaningful and lasting
alternatives to involvement in crime.
(2) Consultation with the ounce of prevention
council.--The Attorney General may consult with the
Ounce of Prevention Council in awarding grants under
paragraph (1).
(b) Priority.--In awarding grants under subsection (a), the
Attorney General shall give priority to proposals that--
(1) are innovative in approach to the prevention of
crime in a specific area;
(2) vary in approach to ensure that comparisons of
different models may be made; and
(3) coordinate crime prevention programs funded
under this program with other existing Federal programs
to address the overall needs of communities that
benefit from grants received under this title.
SEC. 30302. USES OF FUNDS.
(a) In General.--Funds awarded under this subtitle may be
used only for purposes described in an approved application.
The intent of grants under this subtitle is to fund intensively
comprehensive crime prevention programs in chronic high
intensive crime areas.
(b) Guidelines.--The Attorney General shall issue and
publish in the Federal Register guidelines that describe
suggested purposes for which funds under approved programs may
be used.
(c) Equitable Distribution of Funds.--In disbursing funds
under this subtitle, the Attorney General shall ensure the
distribution of awards equitably on a geographic basis,
including urban and rural areas of varying population and
geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) Description.--An applicant shall include a description
of the distinctive factors that contribute to chronic violent
crime within the area proposed to be served by the grant. Such
factors may include lack of alternative activities and programs
for youth, deterioration or lack of public facilities,
inadequate public services such as public transportation,
street lighting, community-based substance abuse treatment
facilities, or employment services offices, and inadequate
police or public safety services, equipment, or facilities.
(b) Comprehensive Plan.--An applicant shall include a
comprehensive, community-based plan to attack intensively the
principal factors identified in subsection (a). Such plans
shall describe the specific purposes for which funds are
proposed to be used and how each purpose will address specific
factors. The plan also shall specify how local nonprofit
organizations, government agencies, private businesses,
citizens groups, volunteer organizations, and interested
citizens will cooperate in carrying out the purposes of the
grant.
(c) Evaluation.--An applicant shall include an evaluation
plan by which the success of the plan will be measured,
including the articulation of specific, objective indicia of
performance, how the indicia will be evaluated, and a projected
timetable for carrying out the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local
elected official of an area shall--
(1) prepare and submit to the Attorney General an
application in such form, at such time, and in
accordance with such procedures, as the Attorney
General shall establish; and
(2) provide an assurance that funds received under
this subtitle shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for programs funded under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General
shall prepare and submit to the Committees on the Judiciary of
the House and Senate an evaluation of the model programs
developed under this subtitle and make recommendations
regarding the implementation of a national crime prevention
program.
SEC. 30306. DEFINITIONS.
In this subtitle--
``chief local elected official'' means an official
designated under regulations issued by the Attorney
General. The criteria used by the Attorney General in
promulgating such regulations shall ensure
administrative efficiency and accountability in the
expenditure of funds and execution of funded projects
under this subtitle.
``chronic high intensity crime area'' means an area
meeting criteria adopted by the Attorney General by
regulation that, at a minimum, define areas with--
(A) consistently high rates of violent
crime as reported in the Federal Bureau of
Investigation's ``Uniform Crime Reports'', and
(B) chronically high rates of poverty as
determined by the Bureau of the Census.
``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
Subtitle D--Family and Community Endeavor Schools Grant Program
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT
PROGRAM.
(a) Short Title.--This section may be cited as the
``Community Schools Youth Services and Supervision Grant
Program Act of 1994''.
(b) Definitions.--In this section--
``child'' means a person who is not younger than 5
and not older than 18 years old.
``community-based organization'' means a private,
locally initiated, community-based organization that--
(A) is a nonprofit organization, as defined
in section 103(23) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5603(23)); and
(B) is operated by a consortium of service
providers, consisting of representatives of 5
or more of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders
actively involved in providing
employment and business development
opportunities in the community.
(iii) Educators.
(iv) Religious organizations (which
shall not provide any sectarian
instruction or sectarian worship in
connection with an activity funded
under this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
``eligible community'' means an area identified
pursuant to subsection (e).
``Indian tribe'' means a tribe, band, pueblo,
nation, or other organized group or community of
Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians.
``poverty line'' means the income official poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size
involved.
``public school'' means a public elementary school,
as defined in section 1201(i) of the Higher Education
Act of 1965 (20 U.S.C. 1141(i)), and a public secondary
school, as defined in section 1201(d) of that Act.
``Secretary'' means the Secretary of Health and
Human Services, in consultation and coordination with
the Attorney General.
``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, American Samoa, Guam, and
the United States Virgin Islands.
(c) Program Authority.--
(1) In general.--
(A) Allocations for states and indian
country.--For any fiscal year in which the sums
appropriated to carry out this section equal or
exceed $20,000,000, from the sums appropriated
to carry out this subsection, the Secretary
shall allocate, for grants under subparagraph
(B) to community-based organizations in each
State, an amount bearing the same ratio to such
sums as the number of children in the State who
are from families with incomes below the
poverty line bears to the number of children in
all States who are from families with incomes
below the poverty line. In view of the
extraordinary need for assistance in Indian
country, an appropriate amount of funds
available under this subtitle shall be made
available for such grants in Indian country.
(B) Grants to community-based organizations
from allocations.--For such a fiscal year, the
Secretary may award grants from the appropriate
State or Indian country allocation determined
under subparagraph (A) on a competitive basis
to eligible community-based organizations to
pay for the Federal share of assisting eligible
communities to develop and carry out programs
in accordance with this section.
(C) Reallocation.--If, at the end of such a
fiscal year, the Secretary determines that
funds allocated for community-based
organizations in a State or Indian country
under subparagraph (B) remain unobligated, the
Secretary may use such funds to award grants to
eligible community-based organizations in
another State or Indian country to pay for such
Federal share. In awarding such grants, the
Secretary shall consider the need to maintain
geographic diversity among the recipients of
such grants. Amounts made available through
such grants shall remain available until
expended.
(2) Other fiscal years.--For any fiscal year in
which the sums appropriated to carry out this section
are less than $20,000,000, the Secretary may award
grants on a competitive basis to eligible community-
based organizations to pay for the Federal share of
assisting eligible communities to develop and carry out
programs in accordance with this section.
(3) Administrative costs.--The Secretary may use
not more than 3 percent of the funds appropriated to
carry out this section in any fiscal year for
administrative costs.
(d) Program Requirements.--
(1) Location.--A community-based organization that
receives a grant under this section to assist in
carrying out such a program shall ensure that the
program is carried out--
(A) when appropriate, in the facilities of
a public school during nonschool hours; or
(B) in another appropriate local facility
in a State or Indian country, such as a college
or university, a local or State park or
recreation center, church, or military base,
that is--
(i) in a location that is easily
accessible to children in the
community; and
(ii) in compliance with all
applicable local ordinances.
(2) Use of funds.--Such community-based
organization--
(A) shall use funds made available through
the grant to provide, to children in the
eligible community, services and activities
that--
(i) shall include supervised sports
programs, and extracurricular and
academic programs, that are offered--
(I) after school and on
weekends and holidays, during
the school year; and
(II) as daily full-day
programs (to the extent
available resources permit) or
as part-day programs, during
the summer months;
(B) in providing such extracurricular and
academic programs, shall provide programs such
as curriculum-based supervised educational,
work force preparation, entrepreneurship,
cultural, health programs, social activities,
arts and crafts programs, dance programs,
tutorial and mentoring programs, and other
related activities;
(C) may use--
(i) such funds for minor renovation
of facilities that are in existence
prior to the operation of the program
and that are necessary for the
operation of the program for which the
organization receives the grant,
purchase of sporting and recreational
equipment and supplies, reasonable
costs for the transportation of
participants in the program, hiring of
staff, provision of meals for such
participants, provision of health
services consisting of an initial basic
physical examination, provision of
first aid and nutrition guidance,
family counselling, parental training,
and substance abuse treatment where
appropriate; and
(ii) not more than 5 percent of
such funds to pay for the
administrative costs of the program;
and
(D) may not use such funds to provide
sectarian worship or sectarian instruction.
(e) Eligible Community Identification.--
(1) Identification.--To be eligible to receive a
grant under this section, a community-based
organization shall identify an eligible community to be
assisted under this section.
(2) Criteria.--Such eligible community shall be an
area that meets such criteria with respect to
significant poverty and significant juvenile
delinquency, and such additional criteria, as the
Secretary may by regulation require.
(f) Applications.--
(1) Application required.--To be eligible to
receive a grant under this section, a community-based
organization shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information, as the Secretary may reasonably
require, and obtain approval of such application.
(2) Contents of application.--Each application
submitted pursuant to paragraph (1) shall--
(A) describe the activities and services to
be provided through the program for which the
grant is sought;
(B) contain an assurance that the
community-based organization will spend grant
funds received under this section in a manner
that the community-based organization
determines will best accomplish the objectives
of this section;
(C) contain a comprehensive plan for the
program that is designed to achieve
identifiable goals for children in the eligible
community;
(D) set forth measurable goals and outcomes
for the program that--
(i) will--
(I) where appropriate, make
a public school the focal point
of the eligible community; or
(II) make a local facility
described in subsection
(d)(1)(B) such a focal point;
and
(ii) may include reducing the
percentage of children in the eligible
community that enter the juvenile
justice system, increasing the
graduation rates, school attendance,
and academic success of children in the
eligible community, and improving the
skills of program participants;
(E) provide evidence of support for
accomplishing such goals and outcomes from--
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government
officials; and
(vii) other organizations that the
community-based organization determines
to be appropriate;
(F) contain an assurance that the
community-based organization will use grant
funds received under this section to provide
children in the eligible community with
activities and services that shall include
supervised sports programs, and extracurricular
and academic programs, in accordance with
subparagraphs (A) and (B) of subsection (d)(2);
(G) contain a list of the activities and
services that will be offered through the
program for which the grant is sought and
sponsored by private nonprofit organizations,
individuals, and groups serving the eligible
community, including--
(i) extracurricular and academic
programs, such as programs described in
subsection (d)(2)(B); and
(ii) activities that address
specific needs in the community;
(H) demonstrate the manner in which the
community-based organization will make use of
the resources, expertise, and commitment of
private entities in carrying out the program
for which the grant is sought;
(I) include an estimate of the number of
children in the eligible community expected to
be served pursuant to the program;
(J) include a description of charitable
private resources, and all other resources,
that will be made available to achieve the
goals of the program;
(K) contain an assurance that the
community-based organization will use
competitive procedures when purchasing,
contracting, or otherwise providing for goods,
activities, or services to carry out programs
under this section;
(L) contain an assurance that the program
will maintain a staff-to-participant ratio
(including volunteers) that is appropriate to
the activity or services provided by the
program;
(M) contain an assurance that the program
will maintain an average attendance rate of not
less than 75 percent of the participants
enrolled in the program, or will enroll
additional participants in the program;
(N) contain an assurance that the
community-based organization will comply with
any evaluation under subsection (m), any
research effort authorized under Federal law,
and any investigation by the Secretary;
(O) contain an assurance that the
community-based organization shall prepare and
submit to the Secretary an annual report
regarding any program conducted under this
section;
(P) contain an assurance that the program
for which the grant is sought will, to the
maximum extent possible, incorporate services
that are provided solely through non-Federal
private or nonprofit sources; and
(Q) contain an assurance that the
community-based organization will maintain
separate accounting records for the program.
(3) Priority.--In awarding grants to carry out
programs under this section, the Secretary shall give
priority to community-based organizations who submit
applications that demonstrate the greatest effort in
generating local support for the programs.
(g) Eligibility of Participants.--
(1) In general.--To the extent possible, each child
who resides in an eligible community shall be eligible
to participate in a program carried out in such
community that receives assistance under this section.
(2) Eligibility.--To be eligible to participate in
a program that receives assistance under this section,
a child shall provide the express written approval of a
parent or guardian, and shall submit an official
application and agree to the terms and conditions of
participation in the program.
(3) Nondiscrimination.--In selecting children to
participate in a program that receives assistance under
this section, a community-based organization shall not
discriminate on the basis of race, color, religion,
sex, national origin, or disability.
(h) Peer Review Panel.--
(1) Establishment.--The Secretary may establish a
peer review panel that shall be comprised of
individuals with demonstrated experience in designing
and implementing community-based programs.
(2) Composition.--A peer review panel shall include
at least 1 representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States
Olympic Committee, at the option of the
Secretary.
(3) Functions.--A peer review panel shall conduct
the initial review of all grant applications received
by the Secretary under subsection (f), make
recommendations to the Secretary regarding--
(A) grant funding under this section; and
(B) a design for the evaluation of programs
assisted under this section.
(i) Investigations and Inspections.--The Secretary may
conduct such investigations and inspections as may be necessary
to ensure compliance with the provisions of this section.
(j) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--The Secretary shall, subject to the
availability of appropriations, pay to each community-
based organization having an application approved under
subsection (f) the Federal share of the costs of
developing and carrying out programs described in
subsection (c).
(2) Federal share.--The Federal share of such costs
shall be no more than--
(A) 75 percent for each of fiscal years
1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and
thereafter.
(3) Non-federal share.--
(A) In general.--The non-Federal share of
such costs may be in cash or in kind, fairly
evaluated, including plant, equipment, and
services (including the services described in
subsection (f)(2)(P)), and funds appropriated
by the Congress for the activity of any agency
of an Indian tribal government or the Bureau of
Indian Affairs on any Indian lands may be used
to provide the non-Federal share of the costs
of programs or projects funded under this
subtitle.
(B) Special rule.--At least 15 percent of
the non-Federal share of such costs shall be
provided from private or nonprofit sources.
(k) Evaluation.--The Secretary shall conduct a thorough
evaluation of the programs assisted under this section, which
shall include an assessment of--
(1) the number of children participating in each
program assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such
children; and
(4) the number of such children being processed by
the juvenile justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.
(a) Short Title.--This section may be cited as the ``Family
and Community Endeavor Schools Act''.
(b) Purpose.--It is the purpose of this section to improve
the overall development of at-risk children who reside in
eligible communities as defined in subsection (l)(3).
(c) Program Authority.--The Secretary may award grants on a
competitive basis to eligible local entities to pay for the
Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section. No local
entity shall receive a grant of less than $250,000 in a fiscal
year. Amounts made available through such grants shall remain
available until expended.
(d) Program Requirements.--
(1) Improvement programs.--A local entity that
receives funds under this section shall develop or
expand programs that are designed to improve academic
and social development by instituting a collaborative
structure that trains and coordinates the efforts of
teachers, administrators, social workers, guidance
counselors, parents, and school volunteers to provide
concurrent social services for at-risk students at
selected public schools in eligible communities.
(2) Optional activities.--A local entity that
receives funds under this section may develop a variety
of programs to serve the comprehensive needs of
students, including--
(A) homework assistance and after-school
programs, including educational, social, and
athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) Eligible Community Identification.--The Secretary
through regulation shall define the criteria necessary to
qualify as an eligible community as defined in subsection
(l)(3).
(f) Grant Eligibility.--To be eligible to receive a grant
under this section, a local entity shall--
(1) identify an eligible community to be assisted;
(2) develop a community planning process that
includes--
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the
eligible community;
(D) public housing resident organization
members, where applicable; and
(E) public and private nonprofit
organizations that provide education, child
protective services, or other human services to
low-income, at-risk children and their
families; and
(3) develop a concentrated strategy for
implementation of the community planning process
developed under paragraph (2) that targets clusters of
at-risk children in the eligible community.
(g) Applications.--
(1) Application required.--To be eligible to
receive a grant under this section, a local entity
shall submit an application to the Secretary at such
time, in such manner, and accompanied by such
information, as the Secretary may reasonably require,
and obtain approval of such application.
(2) Contents of application.--Each application
submitted under paragraph (1) shall--
(A) contain a comprehensive plan for the
program that is designed to improve the
academic and social development of at-risk
children in schools in the eligible community;
(B) provide evidence of support for
accomplishing the objectives of such plan
from--
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the
local entity determines to be
appropriate;
(C) provide an assurance that the local
entity will use grant funds received under this
subsection to implement the program
requirements listed in subsection (d);
(D) include an estimate of the number of
children in the eligible community expected to
be served under the program;
(E) provide an assurance that the local
entity will comply with any evaluation
requested under subsection (k), any research
effort authorized under Federal law, and any
investigation by the Secretary;
(F) provide an assurance that the local
entity shall prepare and submit to the
Secretary an annual report regarding any
program conducted under this section;
(G) provide an assurance that funds made
available under this section shall be used to
supplement, not supplant, other Federal funds
that would otherwise be available for
activities funded under this section; and
(H) provide an assurance that the local
entity will maintain separate accounting
records for the program.
(3) Priority.--In awarding grants to carry out
programs under this section, the Secretary shall give
priority to local entities which submit applications
that demonstrate the greatest effort in generating
local support for the programs.
(h) Peer Review Panel.--
(1) Establishment.--The Secretary shall establish a
peer review panel not to exceed 8 members that shall be
comprised of individuals with demonstrated experience
in designing and implementing programs to improve the
academic and social development of at-risk children.
(2) Functions.--Such panel shall make
recommendations to the Secretary regarding--
(A) an illustrative model that effectively
achieves the program requirements indicated in
subsection (d) and a process whereby local
entities can request such model; and
(B) a design for the evaluation of programs
assisted under this section.
(i) Investigations and Inspections.--The Secretary may
conduct such investigations and inspections as may be necessary
to ensure compliance with the provisions of this section.
(j) Federal Share.--
(1) Payments.--The Secretary shall, subject to the
availability of appropriations, pay to each local
entity having an application approved under subsection
(g) the Federal share of the costs of developing and
carrying out programs referred to in subsection (d).
(2) Federal share.--The Federal share of such costs
shall be 70 percent.
(3) Non-federal share.--
(A) In general.--The non-Federal share of
such costs may be in cash or in kind, fairly
evaluated, including personnel, plant,
equipment, and services.
(B) Special rule.--Not less than 15 percent
of the non-Federal share of such costs shall be
provided from private or nonprofit sources.
(k) Evaluation.--The Secretary shall require a thorough
evaluation of the programs assisted under this section, which
shall include an assessment of the academic and social
achievement of children assisted with funds provided under this
section.
(l) Definitions.--For purposes of this section--
(1) the term ``Secretary'' means 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).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) Programs.--Of the amounts appropriated under subsection
(a) for any fiscal year--
(1) 70 percent shall be made available to carry out
section 30401; and
(2) 30 percent shall be made available to carry out
section 30402.
Subtitle G--Assistance for Delinquent and At-Risk Youth
SEC. 30701. GRANT AUTHORITY.
(a) Grants.--
(1) In general.--In order to prevent the commission
of crimes or delinquent acts by juveniles, the Attorney
General may make grants to public or private nonprofit
organizations to support the development and operation
of projects to provide residential services to youth,
aged 11 to 19, who--
(A) have dropped out of school;
(B) have come into contact with the
juvenile justice system; or
(C) are at risk of dropping out of school
or coming into contact with the juvenile
justice system.
(2) Consultation with the ounce of prevention
council.--The Attorney General may consult with the
Ounce of Prevention Council in making grants under
paragraph (1).
(3) Services.--Such services shall include
activities designed to--
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and
responsible choices;
(C) improve the academic performance of
such youth pursuant to a plan jointly developed
by the applicant and the school which each such
youth attends or should attend; and
(D) provide such youth with vocational and
life skills.
(b) Applications.--
(1) In general.--A public agency or private
nonprofit organization which desires a grant under this
section shall submit an application at such time and in
such manner as the Attorney General may prescribe.
(2) Contents.--An application under paragraph (1)
shall include--
(A) a description of the program developed
by the applicant, including the activities to
be offered;
(B) a detailed discussion of how such
program will prevent youth from committing
crimes or delinquent acts;
(C) evidence that such program--
(i) will be carried out in
facilities which meet applicable State
and local laws with regard to safety;
(ii) will include academic
instruction, approved by the State,
Indian tribal government, or local
educational agency, which meets or
exceeds State, Indian tribal
government, and local standards and
curricular requirements; and
(iii) will include instructors and
other personnel who possess such
qualifications as may be required by
applicable State or local laws; and
(D) specific, measurable outcomes for youth
served by the program.
(c) Consideration of Applications.--Not later than 60 days
following the submission of applications, the Attorney General
shall--
(1) approve each application and disburse the
funding for each such application; or
(2) disapprove the application and inform the
applicant of such disapproval and the reasons therefor.
(d) Reports.--A grantee under this section shall annually
submit a report to the Attorney General that describes the
activities and accomplishments of such program, including the
degree to which the specific youth outcomes are met.
(e) Definitions.--In this subtitle--
``Indian tribe'' means a tribe, band, pueblo,
nation, or other organized group or community of
Indians, including Alaska Native village (as defined in
or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians.
``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
section 30701--
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
Subtitle H--Police Recruitment
SEC. 30801. GRANT AUTHORITY.
(a) Grants.--
(1) In general.--The Attorney General may make
grants to qualified community organizations to assist
in meeting the costs of qualified programs which are
designed to recruit and retain applicants to police
departments.
(2) Consultation with the ounce of prevention
council.--The Attorney General may consult with the
Ounce of Prevention Council in making grants under
paragraph (1).
(b) Qualified Community Organizations.--An organization is
a qualified community organization which is eligible to receive
a grant under subsection (a) if the organization--
(1) is a nonprofit organization; and
(2) has training and experience in--
(A) working with a police department and
with teachers, counselors, and similar
personnel,
(B) providing services to the community in
which the organization is located,
(C) developing and managing services and
techniques to recruit individuals to become
members of a police department and to assist
such individuals in meeting the membership
requirements of police departments,
(D) developing and managing services and
techniques to assist in the retention of
applicants to police departments, and
(E) developing other programs that
contribute to the community.
(c) Qualified Programs.--A program is a qualified program
for which a grant may be made under subsection (a) if the
program is designed to recruit and train individuals from
underrepresented neighborhoods and localities and if--
(1) the overall design of the program is to recruit
and retain applicants to a police department;
(2) the program provides recruiting services which
include tutorial programs to enable individuals to meet
police force academic requirements and to pass entrance
examinations;
(3) the program provides counseling to applicants
to police departments who may encounter problems
throughout the application process; and
(4) the program provides retention services to
assist in retaining individuals to stay in the
application process of a police department.
(d) Applications.--To qualify for a grant under subsection
(a), a qualified organization shall submit an application to
the Attorney General in such form as the Attorney General may
prescribe. Such application shall--
(1) include documentation from the applicant
showing--
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant
funds; and
(D) demographic characteristics of the
population to be served, including age,
disability, race, ethnicity, and languages
used; and
(2) contain assurances satisfactory to the Attorney
General that the program for which a grant is made will
meet the applicable requirements of the program
guidelines prescribed by the Attorney General under
subsection (i).
(e) Action by the Attorney General.--Not later than 60 days
after the date that an application for a grant under subsection
(a) is received, the Attorney General shall consult with the
police department which will be involved with the applicant and
shall--
(1) approve the application and disburse the grant
funds applied for; or
(2) disapprove the application and inform the
applicant that the application is not approved and
provide the applicant with the reasons for the
disapproval.
(f) Grant Disbursement.--The Attorney General shall
disburse funds under a grant under subsection (a) in accordance
with regulations of the Attorney General which shall ensure--
(1) priority is given to applications for areas and
organizations with the greatest showing of need;
(2) that grant funds are equitably distributed on a
geographic basis; and
(3) the needs of underserved populations are
recognized and addressed.
(g) Grant Period.--A grant under subsection (a) shall be
made for a period not longer than 3 years.
(h) Grantee Reporting.--(1) For each year of a grant period
for a grant under subsection (a), the recipient of the grant
shall file a performance report with the Attorney General
explaining the activities carried out with the funds received
and assessing the effectiveness of such activities in meeting
the purpose of the recipient's qualified program.
(2) If there was more than one recipient of a grant, each
recipient shall file such report.
(3) The Attorney General shall suspend the funding of a
grant, pending compliance, if the recipient of the grant does
not file the report required by this subsection or uses the
grant for a purpose not authorized by this section.
(i) Guidelines.--The Attorney General shall, by regulation,
prescribe guidelines on content and results for programs
receiving a grant under subsection (a). Such guidelines shall
be designed to establish programs which will be effective in
training individuals to enter instructional programs for police
departments and shall include requirements for--
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other
academic assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment,
retention, and counseling programs and the means and
devices used to publicize such programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
section 30801--
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
Subtitle J--Local Partnership Act
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) Establishment of Program.--Title 31, United States
Code, is amended by inserting after chapter 65 the following
new chapter:
``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.
``Sec. 6701. Payments to local governments
``(a) Payment and Use.--
``(1) Payment.--The Secretary shall pay to each
unit of general local government which qualifies for a
payment under this chapter an amount equal to the sum
of any amounts allocated to the government under this
chapter for each payment period. The Secretary shall
pay such amount out of the Local Government Fiscal
Assistance Fund under section 6702.
``(2) Use.--Amounts paid to a unit of general local
government under this section shall be used by that
unit for carrying out one or more programs of the unit
related to--
``(A) education to prevent crime;
``(B) substance abuse treatment to prevent
crime; or
``(C) job programs to prevent crime.
``(3) Coordination.--Programs funded under this
title shall be coordinated with other existing Federal
programs to meet the overall needs of communities that
benefit from funds received under this section.
``(b) Timing of Payments.--The Secretary shall pay each
amount allocated under this chapter to a unit of general local
government for a payment period by the later of 90 days after
the date the amount is available or the first day of the
payment period provided that the unit of general local
government has provided the Secretary with the assurances
required by section 6703(d).
``(c) Adjustments.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall adjust a payment under this chapter to
a unit of general local government to the extent that a
prior payment to the government was more or less than
the amount required to be paid.
``(2) Considerations.--The Secretary may increase
or decrease under this subsection a payment to a unit
of local government only if the Secretary determines
the need for the increase or decrease, or the unit
requests the increase or decrease, within one year
after the end of the payment period for which the
payment was made.
``(d) Reservation for Adjustments.--The Secretary may
reserve a percentage of not more than 2 percent of the amount
under this section for a payment period for all units of
general local government in a State if the Secretary considers
the reserve is necessary to ensure the availability of
sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local
government in the State.
``(e) Repayment of Unexpended Amounts.--
``(1) Repayment required.--A unit of general local
government shall repay to the Secretary, by not later
than 15 months after receipt from the Secretary, any
amount that is--
``(A) paid to the unit from amounts
appropriated under the authority of this
section; and
``(B) not expended by the unit within one
year after receipt from the Secretary.
``(2) Penalty for failure to repay.--If the amount
required to be repaid is not repaid, the Secretary
shall reduce payments in future payment periods
accordingly.
``(3) Deposit of amounts repaid.--Amounts received
by the Secretary as repayments under this subsection
shall be deposited in the Local Government Fiscal
Assistance Fund for future payments to units of general
local government.
``(f) Expenditure With Disadvantaged Business
Enterprises.--
``(1) General rule.--Of amounts paid to a unit of
general local government under this chapter for a
payment period, not less than 10 percent of the total
combined amounts obligated by the unit for contracts
and subcontracts shall be expended with--
``(A) small business concerns controlled by
socially and economically disadvantaged
individuals and women; and
``(B) historically Black colleges and
universities and colleges and universities
having a student body in which more than 20
percent of the students are Hispanic Americans
or Native Americans.
``(2) Exception.--Paragraph (1) shall not apply to
amounts paid to a unit of general local government to
the extent the unit determines that the paragraph does
not apply through a process that provides for public
participation.
``(3) Definitions.--For purposes of this
subsection--
``(A) the term `small business concern' has
the meaning such term has under section 3 of
the Small Business Act; and
``(B) the term `socially and economically
disadvantaged individuals' has the meaning such
term has under section 8(d) of the Small
Business Act and relevant subcontracting
regulations promulgated pursuant to that
section.
``(g) Nonsupplanting Requirement.--
``(1) In general.--Funds made available under this
chapter to units of local government shall not be used
to supplant State or local funds, but will be used to
increase the amount of funds that would, in the absence
of funds under this chapter, be made available from
State or local sources.
``(2) Base level amount.--The total level of
funding available to a unit of local government for
accounts serving eligible purposes under this chapter
in the fiscal year immediately preceding receipt of a
grant under this chapter shall be designated the `base
level account' for the fiscal year in which grant is
received. Grants under this chapter in a given fiscal
year shall be reduced on a dollar for dollar basis to
the extent that a unit of local government reduces its
base level account in that fiscal year.
``Sec. 6702. Local Government Fiscal Assistance Fund
``(a) Administration of Fund.--The Department of the
Treasury has a Local Government Fiscal Assistance Fund, which
consists of amounts appropriated to the Fund.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Fund--
``(1) $270,000,000 for fiscal year 1996;
``(2) $283,500,000 for fiscal year 1997;
``(3) $355,500,000 for fiscal year 1998;
``(4) $355,500,000 for fiscal year 1999; and
``(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
``(c) Administrative Costs.--Up to 2.5 percent of the
amount authorized to be appropriated under subsection (b) is
authorized to be appropriated for the period fiscal year 1995
through fiscal year 2000 to be available for administrative
costs by the Secretary in furtherance of the purposes of the
program. Such sums are to remain available until expended.
``Sec. 6703. Qualification for payment
``(a) In General.--The Secretary shall issue regulations
establishing procedures under which eligible units of general
local government are required to provide notice to the
Secretary of the units' proposed use of assistance under this
chapter. Subject to subsection (c), the assistance provided
shall be used, in amounts determined by the unit, for
activities under, or for activities that are substantially
similar to an activity under, 1 or more of the following
programs and the notice shall identify 1 or more of the
following programs for each such use:
``(1) The Drug Abuse Resistance Education Program
under section 5122 of the Elementary and Secondary
Education Act of 1965.
``(2) The National Youth Sports Program under
section 682 of the Community Services Block Grant Act
(Public Law 97-35) as amended by section 205, Public
Law 103-252.
``(3) The Gang Resistance Education and Training
Program under the Act entitled `An Act making
appropriations for the Treasury Department, the United
States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the
fiscal year ending September 30, 1991, and for other
purposes', approved November 5, 1990 (Public Law 101-
509).
``(4) Programs under title II or IV of the Job
Training Partnership Act (29 U.S.C. 1601 et seq.).
``(5) Programs under subtitle C of title I of the
National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.) as amended.
``(6) Programs under the School to Work
Opportunities Act (Public Law 103-239).
``(7) Substance Abuse Treatment and Prevention
programs authorized under title V or XIX of the Public
Health Services Act (43 U.S.C. 201 et seq.).
``(8) Programs under the Head Start Act (42 U.S.C.
9831 et seq.).
``(9) Programs under part A or B of chapter 1 of
title I of the Elementary and Secondary Education Act
of 1965.
``(10) The TRIO programs under part A of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.).
``(11) Programs under the National Literacy Act of
1991.
``(12) Programs under the Carl Perkins Vocational
Educational and Applied Technology Education Act (20
U.S.C. 2301 et seq.).
``(13) The demonstration partnership programs
including the community initiative targeted to minority
youth under section 203 of the Human Services
Reauthorization 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).
``Sec. 6704. State area allocations; allocations and payments to
territorial governments
``(a) Formula Allocation by State.--For each payment
period, the Secretary shall allocate to each State out of the
amount appropriated for the period under the authority of
section 6702(b) (minus the amounts allocated to territorial
governments under subsection (e) for the payment period) an
amount bearing the same ratio to the amount appropriated (minus
such amounts allocated under subsection (e)) as the amount
allocated to the State under this section bears to the total
amount allocated to all States under this section. The
Secretary shall--
``(1) determine the amount allocated to the State
under subsection (b) or (c) of this section and
allocate the larger amount to the State; and
``(2) allocate the amount allocated to the State to
units of general local government in the State under
sections 6705 and 6706.
``(b) General Formula.--
``(1) In general.--For the payment period beginning
October 1, 1994, the amount allocated to a State under
this subsection for a payment period is the amount
bearing the same ratio to $5,300,000,000 as--
``(A) the population of the State,
multiplied by the general tax effort factor of
the State (determined under paragraph (2)),
multiplied by the relative income factor of the
State (determined under paragraph (3)),
multiplied by the relative rate of the labor
force unemployed in the State (determined under
paragraph (4)); bears to
``(B) the sum of the products determined
under subparagraph (A) of this paragraph for
all States.
``(2) General tax effort factor.--The general tax
effort factor of a State for a payment period is--
``(A) the net amount of State and local
taxes of the State collected during the year
1991 as reported by the Bureau of the Census in
the publication Government Finances 1990-1991;
divided by
``(B) the total income of individuals, as
determined by the Secretary of Commerce for
national accounts purposes for 1992 as reported
in the publication Survey of Current Business
(August 1993), attributed to the State for the
same year.
``(3) Relative income factor.--The relative income
factor of a State is a fraction in which--
``(A) the numerator is the per capita
income of the United States; and
``(B) the denominator is the per capita
income of the State.
``(4) Relative rate of labor force.--The relative
rate of the labor force unemployed in a State is a
fraction in which--
``(A) the numerator is the percentage of
the labor force of the State that is unemployed
in the calendar year preceding the payment
period (as determined by the Secretary of Labor
for general statistical purposes); and
``(B) the denominator is the percentage of
the labor force of the United States that is
unemployed in the calendar year preceding the
payment period (as determined by the Secretary
of Labor for general statistical purposes).
``(c) Alternative Formula.--For the payment period
beginning October 1, 1994, the amount allocated to a State
under this subsection for a payment period is the total amount
the State would receive if--
``(1) $1,166,666,667 were allocated among the
States on the basis of population by allocating to each
State an amount bearing the same ratio to the total
amount to be allocated under this paragraph as the
population of the State bears to the population of all
States;
``(2) $1,166,666,667 were allocated among the
States on the basis of population inversely weighted
for per capita income, by allocating to each State an
amount bearing the same ratio to the total amount to be
allocated under this paragraph as--
``(A) the population of the State,
multiplied by a fraction in which--
``(i) the numerator is the per
capita income of all States; and
``(ii) the denominator is the per
capita income of the State; bears to
``(B) the sum of the products determined
under subparagraph (A) for all States;
``(3) $600,000,000 were allocated among the States
on the basis of income tax collections by allocating to
each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph as
the income tax amount of the State (determined under
subsection (d)(1)) bears to the sum of the income tax
amounts of all States;
``(4) $600,000,000 were allocated among the States
on the basis of general tax effort by allocating to
each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph as
the general tax effort amount of the State (determined
under subsection (d)(2)) bears to the sum of the
general tax effort amounts of all States;
``(5) $600,000,000 were allocated among the States
on the basis of unemployment by allocating to each
State an amount bearing the same ratio to the total
amount to be allocated under this paragraph as--
``(A) the labor force of the State,
multiplied by a fraction in which--
``(i) the numerator is the
percentage of the labor force of the
State that is unemployed in the
calendar year preceding the payment
period (as determined by the Secretary
of Labor for general statistical
purposes); and
``(ii) the denominator is the
percentage of the labor force of the
United States that is unemployed in the
calendar year preceding the payment
period (as determined by the Secretary
of Labor for general statistical
purposes)
bears to
``(B) the sum of the products determined
under subparagraph (A) for all States; and
``(6) $1,166,666,667 were allocated among the
States on the basis of urbanized population by
allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this
paragraph as the urbanized population of the State
bears to the urbanized population of all States. In
this paragraph, the term `urbanized population' means
the population of an area consisting of a central city
or cities of at least 50,000 inhabitants and the
surrounding closely settled area for the city or cities
considered as an urbanized area as published by the
Bureau of the Census for 1990 in the publication
General Population Characteristics for Urbanized Areas.
``(d) Income Tax Amount and Tax Effort Amount.--
``(1) Income tax amount.--The income tax amount of
a State for a payment period is 15 percent of the net
amount collected during the calendar year ending before
the beginning of the payment period from the tax
imposed on the income of individuals by the State and
described as a State income tax under section 164(a)(3)
of the Internal Revenue Code of 1986 (26 U.S.C.
164(a)(3)). The income tax amount for a payment period
shall be at least 1 percent but not more than 6 percent
of the United States Government individual income tax
liability attributed to the State for the taxable year
ending during the last calendar year ending before the
beginning of the payment period. The Secretary shall
determine the Government income tax liability
attributed to the State by using the data published by
the Secretary for 1991 in the publication Statistics of
Income Bulletin (Winter 1993-1994).
``(2) General tax effort amount.--The general tax
effort amount of a State for a payment period is the
amount determined by multiplying--
``(A) the net amount of State and local
taxes of the State collected during the year
1991 as reported in the Bureau of Census in the
publication Government Finances 1990-1991; and
``(B) the general tax effort factor of the
State determined under subsection (b)(2).
``(e) Allocation for Puerto Rico, Guam, American Samoa, and
the Virgin Islands.--
``(1) In general.--(A) For each payment period for
which funds are available for allocation under this
chapter, the Secretary shall allocate to each
territorial government an amount equal to the product
of 1 percent of the amount of funds available for
allocation multiplied by the applicable territorial
percentage.
``(B) For the purposes of this paragraph, the
applicable territorial percentage of a territory is
equal to the quotient resulting from the division of
the territorial population of such territory by the sum
of the territorial population for all territories.
``(2) Payments to local governments.--The
governments of the territories shall make payments to
local governments within their jurisdiction from sums
received under this subsection as they consider
appropriate.
``(3) Definitions.--For purposes of this
subsection--
``(A) the term `territorial government'
means the government of a territory;
``(B) the term `territory' means Puerto
Rico, Guam, American Samoa, and the Virgin
Islands; and
``(C) the term `territorial population'
means the most recent population for each
territory as determined by the Bureau of
Census.
``Sec. 6705. Local government allocations
``(a) Indian Tribes and Alaskan Natives Villages.--If there
is in a State an Indian tribe or Alaskan native village having
a recognized governing body carrying out substantial
governmental duties and powers, the Secretary shall allocate to
the tribe or village, out of the amount allocated to the State
under section 6704, an amount bearing the same ratio to the
amount allocated to the State as the population of the tribe or
village bears to the population of the State. The Secretary
shall allocate amounts under this subsection to Indian tribes
and Alaskan native villages in a State before allocating
amounts to units of general local government in the State under
subsection (c). For the payment period beginning October 1,
1994, the Secretary shall use as the population of each Indian
tribe or Alaskan native village the population for 1991 as
reported by the Bureau of Indian Affairs in the publication
Indian Service Population and Labor Force Estimates (January
1991). In addition to uses authorized under section 6701(a)(2),
amounts allocated under this subsection and paid to an Indian
tribe or Alaskan native village under this chapter may be used
for renovating or building prisons or other correctional
facilities.
``(b) Newly Incorporated Local Governments and Annexed
Governments.--If there is in a State a unit of general local
government that has been incorporated since the date of the
collection of the data used by the Secretary in making
allocations pursuant to sections 6704 through 6706 and 6708,
the Secretary shall allocate to this newly incorporated local
government, out of the amount allocated to the State under
section 6704, an amount bearing the same ratio to the amount
allocated to the State as the population of the newly
incorporated local government bears to the population of the
State. If there is in the State a unit of general local
government that has been annexed since the date of the
collection of the data used by the Secretary in making
allocations pursuant to sections 6704 through 6706 and 6708,
the Secretary shall pay the amount that would have been
allocated to this local government to the unit of general local
government that annexed it.
``(c) Other Local Government Allocations.--
``(1) In general.--The Secretary shall allocate
among the units of general local government in a State
(other than units receiving allocations under
subsection (a)) the amount allocated to the State under
section 6704 (as that amount is reduced by allocations
under subsection (a)). Of the amount to be allocated,
the Secretary shall allocate a portion equal to \1/2\
of such amount in accordance with section 6706(1), and
shall allocate a portion equal to \1/2\ of such amount
in accordance with section 6706(2). A unit of general
local government shall receive an amount equal to the
sum of amounts allocated to the unit from each portion.
``(2) Ratio.--From each portion to be allocated to
units of local government in a State under paragraph
(1), the Secretary shall allocate to a unit an amount
bearing the same ratio to the funds to be allocated
as--
``(A) the population of the unit,
multiplied by the general tax effort factor of
the unit (determined under paragraph (3)),
multiplied by the income gap of the unit
(determined under paragraph (4)), bears to
``(B) the sum of the products determined
under subparagraph (A) for all units in the
State for which the income gap for that portion
under paragraph (4) is greater than zero.
``(3) General tax effort factor.--(A) Except as
provided in subparagraph (C), the general tax effort
factor of a unit of general local government for a
payment period is--
``(i) the adjusted taxes of the unit;
divided by
``(ii) the total income attributed to the
unit.
``(B) If the amount determined under subparagraphs
(A) (i) and (ii) for a unit of general local government
is less than zero, the general tax effort factor of the
unit is deemed to be zero.
``(C)(i) Except as otherwise provided in this
subparagraph, for the payment period beginning October
1, 1994, the adjusted taxes of a unit of general local
government are the taxes imposed by the unit for public
purposes (except employee and employer assessments and
contributions to finance retirement and social
insurance systems and other special assessments for
capital outlay), as determined by the Bureau of the
Census for the 1987 Census of Governments and adjusted
as follows:
``(I) Adjusted taxes equals total taxes
times a fraction in which the numerator is the
sum of unrestricted revenues and revenues
dedicated for spending on education minus total
education spending and the denominator is total
unrestricted revenues.
``(II) Total taxes is the sum of property
tax; general sales tax; alcoholic beverage tax;
amusement tax; insurance premium tax; motor
fuels tax; parimutuels tax; public utilities
tax; tobacco tax; other selective sales tax;
alcoholic beverage licenses, amusement
licenses; corporation licenses, hunting and
fishing licenses; motor vehicle licenses; motor
vehicle operator licenses; public utility
licenses; occupation and business licenses, not
elsewhere classified; other licenses,
individual income tax; corporation net income
tax; death and gift tax; documentary and stock
transfer tax; severance tax; and taxes not
elsewhere classified.
``(III) Unrestricted revenues is the sum of
total taxes and intergovernmental revenue from
Federal Government, general revenue sharing;
intergovernmental revenue from Federal
Government, other general support;
intergovernmental revenue from Federal
Government, other; intergovernmental revenue
from State government, other general support;
intergovernmental revenue from State
government, other; intergovernmental revenue
from local governments, other general support;
intergovernmental revenue from local
governments, other; miscellaneous general
revenue, property sale-housing and community
development; miscellaneous general revenue,
property sale-other property; miscellaneous
general revenue, interest earnings on
investments; miscellaneous general revenue,
fines and forfeits; miscellaneous general
revenue, rents; miscellaneous general revenues,
royalties; miscellaneous general revenue,
donations from private sources; miscellaneous
general revenue, net lottery revenue (after
prizes and administrative expenses);
miscellaneous general revenue, other
miscellaneous general revenue; and all other
general charges, not elsewhere classified.
``(IV) Revenues dedicated for spending on
education is the sum of elementary and
secondary education, school lunch; elementary
and secondary education, tuition; elementary
and secondary education, other; higher
education, auxiliary enterprises; higher
education, other; other education, not
elsewhere classified; intergovernmental revenue
from Federal Government, education;
intergovernmental revenue from State
government, education; intergovernmental
revenue from local governments, interschool
system revenue; intergovernmental revenue from
local governments, education; interest
earnings, higher education; interest earnings,
elementary and secondary education;
miscellaneous revenues, higher education; and
miscellaneous revenues, elementary and
secondary education.
``(V) Total education spending is the sum
of elementary and secondary education, current
operations; elementary and secondary education,
construction; elementary and secondary
education, other capital outlays; elementary
and secondary education, to State governments;
elementary and secondary education, to local
governments, not elsewhere classified;
elementary and secondary education, to
counties; elementary and secondary education,
to municipalities; elementary and secondary
education, to townships; elementary and
secondary education, to school districts;
elementary and secondary education, to special
districts; higher education-auxiliary
enterprises, current operations; higher
education-auxiliary enterprises, construction;
higher education, auxiliary enterprises, other
capital outlays; other higher education,
current operations; other higher education,
construction; other higher education, other
capital outlays; other higher education, to
State government; other higher education, to
local governments, not elsewhere classified;
other higher education, to counties; other
higher education, to municipalities; other
higher education, to townships; other higher
education, to school districts; other higher
education, to special districts; education
assistance and subsidies; education, not
elsewhere classified, current operations;
education, not elsewhere classified,
construction education, not elsewhere
classified, other capital outlays; education,
not elsewhere classified, to State government;
education, not elsewhere classified, to local
governments, not elsewhere classified;
education, not elsewhere classified, to
counties; education, not elsewhere classified,
to municipalities; education, not elsewhere
classified, to townships; education, not
elsewhere classified, to school districts;
education, not elsewhere classified, to special
districts; and education, not elsewhere
classified, to Federal Government.
``(VI) If the amount of adjusted taxes is
less than zero, the amount of adjusted tax
shall be deemed to be zero.
``(VII) If the amount of adjusted taxes
exceeds the amount of total taxes, the amount
of adjusted taxes is deemed to equal the amount
of total taxes.
``(ii) The Secretary shall, for purposes of clause
(i), include that part of sales taxes transferred to a
unit of general local government that are imposed by a
county government in the geographic area of which is
located the unit of general local government as taxes
imposed by the unit for public purposes if--
``(I) the county government transfers any
part of the revenue from the taxes to the unit
of general local government without specifying
the purpose for which the unit of general local
government may expend the revenue; and
``(II) the chief executive officer of the
State notifies the Secretary that the taxes
satisfy the requirements of this clause.
``(iii) The adjusted taxes of a unit of general
local government shall not exceed the maximum allowable
adjusted taxes for that unit.
``(iv) The maximum allowable adjusted taxes for a
unit of general local government is the allowable
adjusted taxes of the unit minus the excess adjusted
taxes of the unit.
``(v) The allowable adjusted taxes of a unit of
general government is the greater of--
``(I) the amount equal to 2.5, multiplied
by the per capita adjusted taxes of all units
of general local government of the same type in
the State, multiplied by the population of the
unit; or
``(II) the amount equal to the population
of the unit, multiplied by the sum of the
adjusted taxes of all units of municipal local
government in the State, divided by the sum of
the populations of all the units of municipal
local government in the State.
``(vi) The excess adjusted taxes of a unit of
general local government is the amount equal to--
``(I) the adjusted taxes of the unit, minus
``(II) 1.5 multiplied by the allowable
adjusted taxes of the unit;
except that if this amount is less than zero then the
excess adjusted taxes of the unit is deemed to be zero.
``(vii) For purposes of this subparagraph--
``(I) the term `per capita adjusted taxes
of all units of general local government of the
same type' means the sum of the adjusted taxes
of all units of general local government of the
same type divided by the sum of the populations
of all units of general local government of the
same type; and
``(II) the term `units of general local
government of the same type' means all
townships if the unit of general local
government is a township, all municipalities if
the unit of general local government is a
municipality, all counties if the unit of
general local government is a county, or all
unified city/county governments if the unit of
general local government is a unified city/
county government.
``(4) Income gap.--(A) Except as provided in
subparagraph (B), the income gap of a unit of general
local government is--
``(i) the number which applies under
section 6706, multiplied by the per capita
income of the State in which the unit is
located; minus
``(ii) the per capita income of the
geographic area of the unit.
``(B) If the amount determined under subparagraph
(A) for a unit of general local government is less than
zero, then the relative income factor of the unit is
deemed to be zero.
``(d) Small Government Allocations.--If the Secretary
decides that information available for a unit of general local
government with a population below a number (of not more than
500) prescribed by the Secretary is inadequate, the Secretary
may allocate to the unit, in lieu of any allocation under
subsection (b) for a payment period, an amount bearing the same
ratio to the total amount to be allocated under subsection (b)
for the period for all units of general local government in the
State as the population of the unit bears to the population of
all units in the State.
``Sec. 6706. Income gap multiplier
``For purposes of determining the income gap of a unit of
general local government under section 6705(b)(4)(A), the
number which applies is--
``(1) 1.6, with respect to \1/2\ of any amount
allocated under section 6704 to the State in which the
unit is located; and
``(2) 1.2, with respect to the remainder of such
amount.
``Sec. 6707. State variation of local government allocations
``(a) State Formula.--A State government may provide by law
for the allocation of amounts among units of general local
government in the State on the basis of population multiplied
by the general tax effort factors or income gaps of the units
of general local government determined under sections 6705 (a)
and (b) or a combination of those factors. A State government
providing for a variation of an allocation formula provided
under sections 6705 (a) and (b) shall notify the Secretary of
the variation by the 30th day before the beginning of the first
payment period in which the variation applies. A variation
shall--
``(1) provide for allocating the total amount
allocated under sections 6705 (a) and (b); and
``(2) apply uniformly in the State.
``(b) Certification.--A variation by a State government
under this section may apply only if the Secretary certifies
that the variation complies with this section. The Secretary
may certify a variation only if the Secretary is notified of
the variation at least 30 days before the first payment period
in which the variation applies.
``Sec. 6708. Adjustments of local government allocations
``(a) Maximum Amount.--The amount allocated to a unit of
general local government for a payment period may not exceed
the adjusted taxes imposed by the unit of general local
government as determined under section 6705(b)(3). Amounts in
excess of adjusted taxes shall be paid to the Governor of the
State in which the unit of local government is located.
``(b) De Minimis Allocations to Units of General Local
Government.--If the amount allocated to a unit of general local
government (except an Indian tribe or an Alaskan native
village) for a payment period would be less than $5,000 but for
this subsection or is waived by the governing authority of the
unit of general local government, the Secretary shall pay the
amount to the Governor of the State in which the unit is
located.
``(c) Use of Payments to States.--The Governor of a State
shall use all amounts paid to the Governor under subsections
(a) and (b) for programs described in section 6701(a)(2) in
areas of the State where are located the units of general local
government with respect to which amounts are paid under
subsection (b).
``(d) De Minimis Allocations to Indian Tribes and Alaskan
Native Villages.--
``(1) Aggregation of de minimis allocations.--If
the amount allocated to an Indian tribe or an Alaskan
native village for a payment period would be less than
$5,000 but for this subsection or is waived by the
chief elected official of the tribe or village, the
amount--
``(A) shall not be paid to the tribe or
village (except under paragraph (2)); and
``(B) shall be aggregated with other such
amounts and available for use by the Attorney
General under paragraph (2).
``(2) Use of aggregated amounts.--Amounts
aggregated under paragraph (1) for a payment period
shall be available for use by the Attorney General to
make grants in the payment period on a competitive
basis to Indian Tribes and Alaskan native village for--
``(A) programs described in section
6701(a)(2); or
``(B) renovating or building prisons or
other correctional facilities.
``Sec. 6709. Information used in allocation formulas
``(a) Population Data for Payment Period Beginning October
1, 1994.--For the payment period beginning October 1, 1994, the
Secretary, in making allocations pursuant to sections 6704
through 6706 and 6708, shall use for the population of the
States the population for 1992 as reported by the Bureau of the
Census in the publication Current Population Reports, Series P-
25, No. 1045 (July 1992) and for the population of units of
general local government the Secretary shall use the population
for 1990 as reported by the Bureau of the Census in the
publication Summary Social, Economic, and Housing
Characteristics.
``(b) Data for Payment Periods Beginning After September
30, 1995.--For any payment period beginning after September 30,
1995, the Secretary, in making allocations pursuant to sections
6704 through 6706 and 6708, shall use information more recent
than the information used for the payment period beginning
October 1, 1994, provided the Secretary notifies the Committee
on Government Operations of the House of Representatives at
least 90 days prior to the beginning of the payment period that
the Secretary has determined that the more recent information
is more reliable than the information used for the payment
period beginning October 1, 1994.
``Sec. 6710. Public participation
``(a) Hearings.--
``(1) In general.--A unit of general local
government expending payments under this chapter shall
hold at least one public hearing on the proposed use of
the payment in relation to its entire budget. At the
hearing, persons shall be given an opportunity to
provide written and oral views to the governmental
authority responsible for enacting the budget and to
ask questions about the entire budget and the relation
of the payment to the entire budget. The government
shall hold the hearing at a time and a place that
allows and encourages public attendance and
participation.
``(2) Senior citizens.--A unit of general local
government holding a hearing required under this
subsection or by the budget process of the government
shall try to provide senior citizens and senior citizen
organizations with an opportunity to present views at
the hearing before the government makes a final
decision on the use of the payment.
``(b) Disclosure of Information.--
``(1) In general.--By the 10th day before a hearing
required under subsection (a)(1) is held, a unit of
general local government shall--
``(A) make available for inspection by the
public at the principal office of the
government a statement of the proposed use of
the payment and a summary of the proposed
budget of the government; and
``(B) publish in at least one newspaper of
general circulation the proposed use of the
payment with the summary of the proposed budget
and a notice of the time and place of the
hearing.
``(2) Availability.--By the 30th day after adoption
of the budget under State or local law, the government
shall--
``(A) make available for inspection by the
public at the principal office of the
government a summary of the adopted budget,
including the proposed use of the payment; and
``(B) publish in at least one newspaper of
general circulation a notice that the
information referred to in subparagraph (A) is
available for inspection.
``(c) Waivers of Requirements.--A requirement--
``(1) under subsection (a)(1) may be waived if the
budget process required under the applicable State or
local law or charter provisions--
``(A) ensures the opportunity for public
attendance and participation contemplated by
subsection (a); and
``(B) includes a hearing on the proposed
use of a payment received under this chapter in
relation to the entire budget of the
government; and
``(2) under subsection (b)(1)(B) and paragraph
(2)(B) may be waived if the cost of publishing the
information would be unreasonably burdensome in
relation to the amount allocated to the government from
amounts available for payment under this chapter, or if
publication is otherwise impracticable.
``(d) Exception to 10-Day Limitation.--If the Secretary is
satisfied that a unit of general local government will provide
adequate notice of the proposed use of a payment received under
this chapter, the 10-day period under subsection (b)(1) may be
changed to the extent necessary to comply with applicable State
or local law.
``Sec. 6711. Prohibited discrimination
``(a) General Prohibition.--No person in the United States
shall be excluded from participating in, be denied the benefits
of, or be subject to discrimination under, a program or
activity of a unit of general local government because of race,
color, national origin, or sex if the government receives a
payment under this chapter.
``(b) Additional Prohibitions.--The following prohibitions
and exemptions also apply to a program or activity of a unit of
general local government if the government receives a payment
under this chapter:
``(1) A prohibition against discrimination because
of age under the Age Discrimination Act of 1975.
``(2) A prohibition against discrimination against
an otherwise qualified handicapped individual under
section 504 of the Rehabilitation Act of 1973.
``(3) A prohibition against discrimination because
of religion, or an exemption from that prohibition,
under the Civil Rights Act of 1964 or title VIII of the
Act of April 11, 1968 (popularly known as the Civil
Rights Act of 1968).
``(c) Limitations on Applicability of Prohibitions.--
Subsections (a) and (b) do not apply if the government shows,
by clear and convincing evidence, that a payment received under
this chapter is not used to pay for any part of the program or
activity with respect to which the allegation of discrimination
is made.
``(d) Investigation Agreements.--The Secretary shall try to
make agreements with heads of agencies of the United States
Government and State agencies to investigate noncompliance with
this section. An agreement shall--
``(1) describe the cooperative efforts to be taken
(including sharing civil rights enforcement personnel
and resources) to obtain compliance with this section;
and
``(2) provide for notifying immediately the
Secretary of actions brought by the United States
Government or State agencies against a unit of general
local government alleging a violation of a civil rights
law or a regulation prescribed under a civil rights
law.
``Sec. 6712. Discrimination proceedings
``(a) Notice of Noncompliance.--By the 10th day after the
Secretary makes a finding of discrimination or receives a
holding of discrimination about a unit of general local
government, the Secretary shall submit a notice of
noncompliance to the government. The notice shall state the
basis of the finding or holding.
``(b) Informal Presentation of Evidence.--A unit of general
local government may present evidence informally to the
Secretary within 30 days after the government receives a notice
of noncompliance from the Secretary. Except as provided in
subsection (e), the government may present evidence on
whether--
``(1) a person in the United States has been
excluded or denied benefits of, or discriminated
against under, the program or activity of the
government, in violation of section 6711(a);
``(2) the program or activity of the government
violated a prohibition described in section 6711(b);
and
``(3) any part of that program or activity has been
paid for with a payment received under this chapter.
``(c) Temporary Suspension of Payments.--By the end of the
30-day period under subsection (b), the Secretary shall decide
whether the unit of general local government has not complied
with section 6711 (a) or (b), unless the government has entered
into a compliance agreement under section 6714. If the
Secretary decides that the government has not complied, the
Secretary shall notify the government of the decision and shall
suspend payments to the government under this chapter unless,
within 10 days after the government receives notice of the
decision, the government--
``(1) enters into a compliance agreement under
section 6714; or
``(2) requests a proceeding under subsection
(d)(1).
``(d) Administrative Review of Suspensions.--
``(1) Proceeding.--A proceeding requested under
subsection (c)(2) shall begin by the 30th day after the
Secretary receives a request for the proceeding. The
proceeding shall be before an administrative law judge
appointed under section 3105 of title 5, United States
Code. By the 30th day after the beginning of the
proceeding, the judge shall issue a preliminary
decision based on the record at the time on whether the
unit of general local government is likely to prevail
in showing compliance with section 6711 (a) or (b).
``(2) Decision.--If the administrative law judge
decides at the end of a proceeding under paragraph (1)
that the unit of general local government has--
``(A) not complied with section 6711 (a) or
(b), the judge may order payments to the
government under this chapter terminated; or
``(B) complied with section 6711 (a) or
(b), a suspension under section 6713(a)(1)(A)
shall be discontinued promptly.
``(3) Likelihood of prevailing.--An administrative
law judge may not issue a preliminary decision that the
government is not likely to prevail if the judge has
issued a decision described in paragraph (2)(A).
``(e) Basis for Review.--In a proceeding under subsections
(b) through (d) on a program or activity of a unit of general
local government about which a holding of discrimination has
been made, the Secretary or administrative law judge may
consider only whether a payment under this chapter was used to
pay for any part of the program or activity. The holding of
discrimination is conclusive. If the holding is reversed by an
appellate court, the Secretary or judge shall end the
proceeding.
``Sec. 6713. Suspension and termination of payments in discrimination
proceedings
``(a) Imposition and Continuation of Suspensions.--
``(1) In general.--The Secretary shall suspend
payment under this chapter to a unit of general local
government--
``(A) if an administrative law judge
appointed under section 3105 of title 5, United
States Code, issues a preliminary decision in a
proceeding under section 6712(d)(1) that the
government is not likely to prevail in showing
compliance with section 6711 (a) and (b);
``(B) if the administrative law judge
decides at the end of the proceeding that the
government has not complied with section 6711
(a) or (b), unless the government makes a
compliance agreement under section 6714 by the
30th day after the decision; or
``(C) if required under section 6712(c).
``(2) Effectiveness.--A suspension already ordered
under paragraph (1)(A) continues in effect if the
administrative law judge makes a decision under
paragraph (1)(B).
``(b) Lifting of Suspensions and Terminations.--If a
holding of discrimination is reversed by an appellate court, a
suspension or termination of payments in a proceeding based on
the holding shall be discontinued.
``(c) Resumption of Payments Upon Attaining Compliance.--
The Secretary may resume payment to a unit of general local
government of payments suspended by the Secretary only--
``(1) as of the time of, and under the conditions
stated in--
``(A) the approval by the Secretary of a
compliance agreement under section 6714(a)(1);
or
``(B) a compliance agreement entered into
by the Secretary under section 6714(a)(2);
``(2) if the government complies completely with an
order of a United States court, a State court, or
administrative law judge that covers all matters raised
in a notice of noncompliance submitted by the Secretary
under section 6712(a);
``(3) if a United States court, a State court, or
an administrative law judge decides (including a judge
in a proceeding under section 6712(d)(1)), that the
government has complied with sections 6711 (a) and (b);
or
``(4) if a suspension is discontinued under
subsection (b).
``(d) Payment of Damages as Compliance.--For purposes of
subsection (c)(2), compliance by a government may consist of
the payment of restitution to a person injured because the
government did not comply with section 6711 (a) or (b).
``(e) Resumption of Payments Upon Reversal by Court.--The
Secretary may resume payment to a unit of general local
government of payments terminated under section 6712(d)(2)(A)
only if the decision resulting in the termination is reversed
by an appellate court.
``Sec. 6714. Compliance agreements
``(a) Types of Compliance Agreements.--A compliance
agreement is an agreement--
``(1) approved by the Secretary, between the
governmental authority responsible for prosecuting a
claim or complaint that is the basis of a holding of
discrimination and the chief executive officer of the
unit of general local government that has not complied
with section 6711 (a) or (b); or
``(2) between the Secretary and the chief executive
officer.
``(b) Contents of Agreements.--A compliance agreement--
``(1) shall state the conditions the unit of
general local government has agreed to comply with that
would satisfy the obligations of the government under
sections 6711 (a) and (b);
``(2) shall cover each matter that has been found
not to comply, or would not comply, with section 6711
(a) or (b); and
``(3) may be a series of agreements that dispose of
those matters.
``(c) Availability of Agreements to Parties.--The Secretary
shall submit a copy of a compliance agreement to each person
who filed a complaint referred to in section 6716(b), or, if an
agreement under subsection (a)(1), each person who filed a
complaint with a governmental authority, about a failure to
comply with section 6711 (a) or (b). The Secretary shall submit
the copy by the 15th day after an agreement is made. However,
if the Secretary approves an agreement under subsection (a)(1)
after the agreement is made, the Secretary may submit the copy
by the 15th day after approval of the agreement.
``Sec. 6715. Enforcement by the Attorney General of prohibitions on
discrimination
``The Attorney General may bring a civil action in an
appropriate district court of the United States against a unit
of general local government that the Attorney General has
reason to believe has engaged or is engaging in a pattern or
practice in violation of section 6711 (a) or (b). The court may
grant--
``(1) a temporary restraining order;
``(2) an injunction; or
``(3) an appropriate order to ensure enjoyment of
rights under section 6711 (a) or (b), including an
order suspending, terminating, or requiring repayment
of, payments under this chapter or placing additional
payments under this chapter in escrow pending the
outcome of the action.
``Sec. 6716. Civil action by a person adversely affected
``(a) Authority for Private Suits in Federal or State
Court.--If a unit of general local government, or an officer or
employee of a unit of general local government acting in an
official capacity, engages in a practice prohibited by this
chapter, a person adversely affected by the practice may bring
a civil action in an appropriate district court of the United
States or a State court of general jurisdiction. Before
bringing an action under this section, the person must exhaust
administrative remedies under subsection (b).
``(b) Administrative Remedies Required To Be Exhausted.--A
person adversely affected shall file an administrative
complaint with the Secretary or the head of another agency of
the United States Government or the State agency with which the
Secretary has an agreement under section 6711(d).
Administrative remedies are deemed to be exhausted by the
person after the 90th day after the complaint was filed if the
Secretary, the head of the Government agency, or the State
agency--
``(1) issues a decision that the government has not
failed to comply with this chapter; or
``(2) does not issue a decision on the complaint.
``(c) Authority of Court.--In an action under this section,
the court--
``(1) may grant--
``(A) a temporary restraining order;
``(B) an injunction; or
``(C) another order, including suspension,
termination, or repayment of, payments under
this chapter or placement of additional
payments under this chapter in escrow pending
the outcome of the action; and
``(2) to enforce compliance with section 6711 (a)
or (b), may allow a prevailing party (except the United
States Government) a reasonable attorney's fee.
``(d) Intervention by Attorney General.--In an action under
this section to enforce compliance with section 6711 (a) or
(b), the Attorney General may intervene in the action if the
Attorney General certifies that the action is of general public
importance. The United States Government is entitled to the
same relief as if the Government had brought the action and is
liable for the same fees and costs as a private person.
``Sec. 6717. Judicial review
``(a) Appeals in Federal Court of Appeals.--A unit of
general local government which receives notice from the
Secretary about withholding payments under section 6703(f),
suspending payments under section 6713(a)(1)(B), or terminating
payments under section 6712(d)(2)(A), may apply for review of
the action of the Secretary by filing a petition for review
with the court of appeals of the United States for the circuit
in which the government is located. The petition shall be filed
by the 60th day after the date the notice is received. The
clerk of the court shall immediately send a copy of the
petition to the Secretary.
``(b) Filing of Record of Administrative Proceeding.--The
Secretary shall file with the court a record of the proceeding
on which the Secretary based the action. The court may consider
only objections to the action of the Secretary that were
presented before the Secretary.
``(c) Court Action.--The court may affirm, change, or set
aside any part of the action of the Secretary. The findings of
fact by the Secretary are conclusive if supported by
substantial evidence in the record. If a finding is not
supported by substantial evidence in the record, the court may
remand the case to the Secretary to take additional evidence.
Upon such a remand, the Secretary may make new or modified
findings and shall certify additional proceedings to the court.
``(d) Review Only by Supreme Court.--A judgment of a court
under this section may be reviewed only by the Supreme Court
under section 1254 of title 28, United States Code.
``Sec. 6718. Investigations and reviews
``(a) Investigations by Secretary.--
``(1) In general.--The Secretary shall within a
reasonable time limit--
``(A) carry out an investigation and make a
finding after receiving a complaint referred to
in section 6716(b), a determination by a State
or local administrative agency, or other
information about a possible violation of this
chapter;
``(B) carry out audits and reviews
(including investigations of allegations) about
possible violations of this chapter; and
``(C) advise a complainant of the status of
an audit, investigation, or review of an
allegation by the complainant of a violation of
section 6711 (a) or (b) or other provision of
this chapter.
``(2) Time limit.--The maximum time limit under
paragraph (1)(A) is 120 days.
``(b) Reviews by Comptroller General.--The Comptroller
General of the United States shall carry out reviews of the
activities of the Secretary, State governments, and units of
general local government necessary for the Congress to evaluate
compliance and operations under this chapter. These reviews
shall include a comparison of the waste and inefficiency of
local governments using funds under this chapter compared to
waste and inefficiency with other comparable Federal programs.
``Sec. 6719. Reports
``(a) Reports by Secretary to Congress.--Before June 2 of
each year prior to 2002, the Secretary personally shall report
to the Congress on--
``(1) the status and operation of the Local
Government Fiscal Assistance Fund during the prior
fiscal year; and
``(2) the administration of this chapter, including
a complete and detailed analysis of--
``(A) actions taken to comply with sections
6711 through 6715, including a description of
the kind and extent of noncompliance and the
status of pending complaints;
``(B) the extent to which units of general
local government receiving payments under this
chapter have complied with the requirements of
this chapter;
``(C) the way in which payments under this
chapter have been distributed in the
jurisdictions receiving payments; and
``(D) significant problems in carrying out
this chapter and recommendations for
legislation to remedy the problems.
``(b) Reports by Units of General Local Government to
Secretary.--
``(1) In general.--At the end of each fiscal year,
each unit of general local government which received a
payment under this chapter for the fiscal year shall
submit a report to the Secretary. The report shall be
submitted in the form and at a time prescribed by the
Secretary and shall be available to the public for
inspection. The report shall state--
``(A) the amounts and purposes for which
the payment has been appropriated, expended, or
obligated in the fiscal year;
``(B) the relationship of the payment to
the relevant functional items in the budget of
the government; and
``(C) the differences between the actual
and proposed use of the payment.
``(2) Availability of report.--The Secretary shall
provide a copy of a report submitted under paragraph
(1) by a unit of general local government to the chief
executive officer of the State in which the government
is located. The Secretary shall provide the report in
the manner and form prescribed by the Secretary.
``Sec. 6720. Definitions, application, and administration
``(a) Definitions.--In this chapter--
``(1) `unit of general local government' means--
``(A) a county, township, city, or
political subdivision of a county, township, or
city, that is a unit of general local
government as determined by the Secretary of
Commerce for general statistical purposes; and
``(B) the District of Columbia and the
recognized governing body of an Indian tribe or
Alaskan Native village that carries out
substantial governmental duties and powers;
``(2) `payment period' means each 1-year period
beginning on October 1 of the years 1994 through 2000;
``(3) `State and local taxes' means taxes imposed
by a State government or unit of general local
government or other political subdivision of a State
government for public purposes (except employee and
employer assessments and contributions to finance
retirement and social insurance systems and other
special assessments for capital outlay) as determined
by the Secretary of Commerce for general statistical
purposes;
``(4) `State' means any of the several States and
the District of Columbia;
``(5) `income' means the total money income
received from all sources as determined by the
Secretary of Commerce for general statistical purposes,
which for units of general local government is reported
by the Bureau of the Census for 1990 in the publication
Summary Social, Economic, and Housing Characteristics;
``(6) `per capita income' means--
``(A) in the case of the United States, the
income of the United States divided by the
population of the United States;
``(B) in the case of a State, the income of
that State, divided by the population of that
State; and
``(C) in the case of a unit of general
local government, the income of that unit of
general local government divided by the
population of the unit of general local
government;
``(7) `finding of discrimination' means a decision
by the Secretary about a complaint described in section
6716(b), a decision by a State or local administrative
agency, or other information (under regulations
prescribed by the Secretary) that it is more likely
than not that a unit of general local government has
not complied with section 6711 (a) or (b);
``(8) `holding of discrimination' means a holding
by a United States court, a State court, or an
administrative law judge appointed under section 3105
of title 5, United States Code, that a unit of general
local government expending amounts received under this
chapter has--
``(A) excluded a person in the United
States from participating in, denied the person
the benefits of, or subjected the person to
discrimination under, a program or activity
because of race, color, national origin, or
sex; or
``(B) violated a prohibition against
discrimination described in section 6711(b);
and
``(9) `Secretary' means the Secretary of Housing
and Urban Development.
``(b) Delegation of Administration.--The Secretary may
enter into agreements with other executive branch departments
and agencies to delegate to that department or agency all or
part of the Secretary's responsibility for administering this
chapter.
``(c) Treatment of Subsumed Areas.--If the entire
geographic area of a unit of general local government is
located in a larger entity, the unit of general local
government is deemed to be located in the larger entity. If
only part of the geographic area of a unit is located in a
larger entity, each part is deemed to be located in the larger
entity and to be a separate unit of general local government in
determining allocations under this chapter. Except as provided
in regulations prescribed by the Secretary, the Secretary shall
make all data computations based on the ratio of the estimated
population of the part to the population of the entire unit of
general local government.
``(d) Boundary and Other Changes.--If a boundary line
change, a State statutory or constitutional change, annexation,
a governmental reorganization, or other circumstance results in
the application of sections 6704 through 6708 in a way that
does not carry out the purposes of sections 6701 through 6708,
the Secretary shall apply sections 6701 through 6708 under
regulations of the Secretary in a way that is consistent with
those purposes.''.
(b) Issuance of Regulations.--Within 90 days of the date of
enactment of this Act the Secretary shall issue regulations,
which may be interim regulations, to implement subsection (a),
modifying the regulations for carrying into effect the Revenue
Sharing Act that were in effect as of July 1, 1987, and that
were published in 31 C.F.R. part 51. The Secretary need not
hold a public hearing before issuing these regulations.
(c) Deficit Neutrality.--Any appropriation to carry out the
amendment made by this subtitle to title 31, United States
Code, for fiscal year 1995 or 1996 shall be offset by cuts
elsewhere in appropriations for that fiscal year.
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of
title 31, United States Code, is amended by adding after the
item relating to chapter 65 the following:
``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).
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.
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.
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.
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<greek-l> FROM
103H3350.EH deg.
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<greek-l> FROM 103H3354.EH deg.
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.
``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:
``Sec. 2247. Repeat offenders
``Any person who violates a provision of this chapter,
after one or more prior convictions for an offense punishable
under this chapter, or after one or more prior convictions
under the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual contact have become
final, is punishable by a term of imprisonment up to twice that
otherwise authorized.''.
(b) Amendment of Sentencing Guidelines.--The Sentencing
Commission shall implement the amendment made by subsection (a)
by promulgating amendments, if appropriate, in the sentencing
guidelines applicable to chapter 109A offenses.
(c) Chapter Analysis.--The chapter analysis for chapter
109A of title 18, United States Code, is amended by adding at
the end the following new item:
``2247. Repeat offenders.''.
SEC. 40112. FEDERAL PENALTIES.
(a) Amendment of Sentencing Guidelines.--Pursuant to its
authority under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall review and amend,
where necessary, its sentencing guidelines on aggravated sexual
abuse under section 2241 of title 18, United States Code, or
sexual abuse under section 2242 of title 18, United States
Code, as follows:
(1) The Commission shall review and promulgate
amendments to the guidelines, if appropriate, to
enhance penalties if more than 1 offender is involved
in the offense.
(2) The Commission shall review and promulgate
amendments to the guidelines, if appropriate, to reduce
unwarranted disparities between the sentences for sex
offenders who are known to the victim and sentences for
sex offenders who are not known to the victim.
(3) The Commission shall review and promulgate
amendments to the guidelines to enhance penalties, if
appropriate, to render Federal penalties on Federal
territory commensurate with penalties for similar
offenses in the States.
(4) The Commission shall review and promulgate
amendments to the guidelines, if appropriate, to
account for the general problem of recidivism in cases
of sex offenses, the severity of the offense, and its
devastating effects on survivors.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the United States Sentencing Commission
shall review and submit to Congress a report containing an
analysis of Federal rape sentencing, accompanied by comment
from independent experts in the field, describing--
(1) comparative Federal sentences for cases in
which the rape victim is known to the defendant and
cases in which the rape victim is not known to the
defendant;
(2) comparative Federal sentences for cases on
Federal territory and sentences in surrounding States;
and
(3) an analysis of the effect of rape sentences on
populations residing primarily on Federal territory
relative to the impact of other Federal offenses in
which the existence of Federal jurisdiction depends
upon the offense's being committed on Federal
territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) Sexual Abuse.--
(1) In general.--Chapter 109A of title 18, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2248. Mandatory restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under
this section shall direct that--
``(A) the defendant pay to the victim
(through the appropriate court mechanism) the
full amount of the victim's losses as
determined by the court, pursuant to paragraph
(3); and
``(B) the United States Attorney enforce
the restitution order by all available and
reasonable means.
``(2) Enforcement by victim.--An order of
restitution also may be enforced by a victim named in
the order to receive the restitution in the same manner
as a judgment in a civil action.
``(3) Definition.--For purposes of this subsection,
the term `full amount of the victim's losses' includes
any costs incurred by the victim for--
``(A) medical services relating to
physical, psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary
housing, and child care expenses;
``(D) lost income;
``(E) attorneys' fees, plus any costs
incurred in obtaining a civil protection order;
and
``(F) any other losses suffered by the
victim as a proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a
restitution order under this section is mandatory.
``(B) A court may not decline to issue an order
under this section because of--
``(i) the economic circumstances of the
defendant; or
``(ii) the fact that a victim has, or is
entitled to, receive compensation for his or
her injuries from the proceeds of insurance or
any other source.
``(C)(i) Notwithstanding subparagraph (A), the
court may take into account the economic circumstances
of the defendant in determining the manner in which and
the schedule according to which the restitution is to
be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other
assets of the defendant;
``(II) projected earnings, earning
capacity, and other income of the defendant;
and
``(III) any financial obligations of the
defendant, including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that
the economic circumstances of the defendant do
not allow for the payment of any amount of a
restitution order, and do not allow for the
payment of any or some portion of the amount of
a restitution order in the foreseeable future
(under any reasonable schedule of payments);
and
``(ii) the court enters in its order the
amount of the victim's losses, and provides a
nominal restitution award.
``(5) More than 1 offender.--When the court finds
that more than 1 offender has contributed to the loss
of a victim, the court may make each offender liable
for payment of the full amount of restitution or may
apportion liability among the offenders to reflect the
level of contribution and economic circumstances of
each offender.
``(6) More than 1 victim.--When the court finds
that more than 1 victim has sustained a loss requiring
restitution by an offender, the court shall order full
restitution of each victim but may provide for
different payment schedules to reflect the economic
circumstances of each victim.
``(7) Payment schedule.--An order under this
section may direct the defendant to make a single lump-
sum payment or partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under
this section shall be set off against any amount later
recovered as compensatory damages by the victim from
the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the
extent provided by the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source
until the payments actually received by the victim
under the restitution order fully compensate the victim
for the loss.
``(10) Condition of probation or supervised
release.--Compliance with a restitution order issued
under this section shall be a condition of any
probation or supervised release of a defendant. If an
offender fails to comply with a restitution order, the
court may, after a hearing, revoke probation or a term
of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold
the defendant in contempt pursuant to section 3583(e).
In determining whether to revoke probation or a term of
supervised release, modify the terms or conditions of
probation or supervised release or hold a defendant
serving a term of supervised release in contempt, the
court shall consider the defendant's employment status,
earning ability and financial resources, the
willfulness of the defendant's failure to comply, and
any other circumstances that may have a bearing on the
defendant's ability to comply.
``(c) Proof of Claim.--
``(1) Affidavit.--Within 60 days after conviction
and, in any event, not later than 10 days prior to
sentencing, the United States Attorney (or the United
States Attorney's delegee), after consulting with the
victim, shall prepare and file an affidavit with the
court listing the amounts subject to restitution under
this section. The affidavit shall be signed by the
United States Attorney (or the United States Attorney's
delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the
United States Attorney (or the United States Attorney's
delegee) shall advise the victim that the victim may
file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
``(2) Objection.--If, after the defendant has been
notified of the affidavit, no objection is raised by
the defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the
court may require the victim or the United States
Attorney (or the United States Attorney's delegee) to
submit further affidavits or other supporting
documents, demonstrating the victim's losses.
``(3) Additional documentation and testimony.--If
the court concludes, after reviewing the supporting
documentation and considering the defendant's
objections, that there is a substantial reason for
doubting the authenticity or veracity of the records
submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard,
pursuant to this section shall be maintained to the
greatest extent possible, and such records may be filed
or testimony heard in camera.
``(4) Final determination of losses.--If the
victim's losses are not ascertainable by the date that
is 10 days prior to sentencing as provided in paragraph
(1), the United States Attorney (or the United States
Attorney's delegee) shall so inform the court, and the
court shall set a date for the final determination of
the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers
further losses, the victim shall have 60 days after
discovery of those losses in which to petition the
court for an amended restitution order. Such order may
be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
``(d) Modification of Order.--A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances
of the offender.
``(e) Reference to Magistrate or Special Master.--The court
may refer any issue arising in connection with a proposed order
of restitution to a magistrate or special master for proposed
findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.
``(f) Definition.--For purposes of this section, the term
`victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, but in
no event shall the defendant be named as such representative or
guardian.''.
(2) Technical amendment.--The chapter analysis for
chapter 109A of title 18, United States Code, is
amended by adding at the end the following new item:
``2248. Mandatory restitution.''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) In general.--Chapter 110 of title 18, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2259. Mandatory restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under
this section shall direct that--
``(A) the defendant pay to the victim
(through the appropriate court mechanism) the
full amount of the victim's losses as
determined by the court, pursuant to paragraph
(3); and
``(B) the United States Attorney enforce
the restitution order by all available and
reasonable means.
``(2) Enforcement by victim.--An order of
restitution may also be enforced by a victim named in
the order to receive the restitution in the same manner
as a judgment in a civil action.
``(3) Definition.--For purposes of this subsection,
the term `full amount of the victim's losses' includes
any costs incurred by the victim for--
``(A) medical services relating to
physical, psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary
housing, and child care expenses;
``(D) lost income;
``(E) attorneys' fees, as well as other
costs incurred; and
``(F) any other losses suffered by the
victim as a proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a
restitution order under this section is mandatory.
``(B) A court may not decline to issue an order
under this section because of--
``(i) the economic circumstances of the
defendant; or
``(ii) the fact that a victim has, or is
entitled to, receive compensation for his or
her injuries from the proceeds of insurance or
any other source.
``(C)(i) Notwithstanding subparagraph (A), the
court may take into account the economic circumstances
of the defendant in determining the manner in which and
the schedule according to which the restitution is to
be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other
assets of the defendant;
``(II) projected earnings, earning
capacity, and other income of the defendant;
and
``(III) any financial obligations of the
defendant, including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that
the economic circumstances of the defendant do
not allow for the payment of any amount of a
restitution order, and do not allow for the
payment of any or some portion of the amount of
a restitution order in the foreseeable future
(under any reasonable schedule of payments);
and
``(ii) the court enters in its order the
amount of the victim's losses, and provides a
nominal restitution award.
``(5) More than 1 offender.--When the court finds
that more than 1 offender has contributed to the loss
of a victim, the court may make each offender liable
for payment of the full amount of restitution or may
apportion liability among the offenders to reflect the
level of contribution and economic circumstances of
each offender.
``(6) More than 1 victim.--When the court finds
that more than 1 victim has sustained a loss requiring
restitution by an offender, the court shall order full
restitution of each victim but may provide for
different payment schedules to reflect the economic
circumstances of each victim.
``(7) Payment schedule.--An order under this
section may direct the defendant to make a single lump-
sum payment or partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under
this section shall be set off against any amount later
recovered as compensatory damages by the victim from
the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the
extent provided by the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source
until the payments actually received by the victim
under the restitution order fully compensate the victim
for the loss.
``(10) Condition of probation or supervised
release.--Compliance with a restitution order issued
under this section shall be a condition of any
probation or supervised release of a defendant. If an
offender fails to comply with a restitution order, the
court may, after a hearing, revoke probation or a term
of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold
the defendant in contempt pursuant to section 3583(e).
In determining whether to revoke probation or a term of
supervised release, modify the terms or conditions of
probation or supervised release or hold a defendant
serving a term of supervised release in contempt, the
court shall consider the defendant's employment status,
earning ability and financial resources, the
willfulness of the defendant's failure to comply, and
any other circumstances that may have a bearing on the
defendant's ability to comply.
``(c) Proof of Claim.--
``(1) Affidavit.--Within 60 days after conviction
and, in any event, not later than 10 days prior to
sentencing, the United States Attorney (or the United
States Attorney's delegee), after consulting with the
victim, shall prepare and file an affidavit with the
court listing the amounts subject to restitution under
this section. The affidavit shall be signed by the
United States Attorney (or the United States Attorney's
delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the
United States Attorney (or the United States Attorney's
delegee) shall advise the victim that the victim may
file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
``(2) Objection.--If, after the defendant has been
notified of the affidavit, no objection is raised by
the defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the
court may require the victim or the United States
Attorney (or the United States Attorney's delegee) to
submit further affidavits or other supporting
documents, demonstrating the victim's losses.
``(3) Additional documentation and testimony.--If
the court concludes, after reviewing the supporting
documentation and considering the defendant's
objections, that there is a substantial reason for
doubting the authenticity or veracity of the records
submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard,
pursuant to this section shall be maintained to the
greatest extent possible, and such records may be filed
or testimony heard in camera.
``(4) Final determination of losses.--If the
victim's losses are not ascertainable by the date that
is 10 days prior to sentencing as provided in paragraph
(1), the United States Attorney (or the United States
Attorney's delegee) shall so inform the court, and the
court shall set a date for the final determination of
the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers
further losses, the victim shall have 60 days after
discovery of those losses in which to petition the
court for an amended restitution order. Such order may
be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
``(d) Modification of Order.--A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances
of the offender.
``(e) Reference to Magistrate or Special Master.--The court
may refer any issue arising in connection with a proposed order
of restitution to a magistrate or special master for proposed
findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.
``(f) Definition.--For purposes of this section, the term
`victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, but in
no event shall the defendant be named as such representative or
guardian.''.
(2) Technical amendment.--The chapter analysis for
chapter 110 of title 18, United States Code, is amended
by adding at the end the following new item:
``2259. Mandatory restitution.''.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There are authorized to be appropriated for the United
States Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of sex crimes and domestic
violence crimes where applicable (such as the District of
Columbia)--
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
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.
``SEC. 2003. DEFINITIONS.
``In this part--
``(1) the term `domestic violence' includes felony
or misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with
the victim as a spouse, by a person similarly situated
to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant
monies, or by any other adult person against a victim
who is protected from that person's acts under the
domestic or family violence laws of the jurisdiction
receiving grant monies;
``(2) the term `Indian country' has the meaning
stated in section 1151 of title 18, United States Code;
``(3) the term `Indian tribe' means a tribe, band,
pueblo, nation, or other organized group or community
of Indians, including any Alaska Native village or
regional or village corporation (as defined in, or
established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians;
``(4) the term `law enforcement' means a public
agency charged with policing functions, including any
of its component bureaus (such as governmental victim
services programs);
``(5) the term `prosecution' means any public
agency charged with direct responsibility for
prosecuting criminal offenders, including such agency's
component bureaus (such as governmental victim services
programs);
``(6) the term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the United
States or in a Federal prison and includes both
assaults committed by offenders who are strangers to
the victim and assaults committed by offenders who are
known or related by blood or marriage to the victim;
``(7) the term `underserved populations' includes
populations underserved because of geographic location
(such as rural isolation), underserved racial or ethnic
populations, and populations underserved because of
special needs, such as language barriers or physical
disabilities; and
``(8) the term `victim services' means a nonprofit,
nongovernmental organization that assists domestic
violence or sexual assault victims, including rape
crisis centers, battered women's shelters, and other
sexual assault or domestic violence programs, including
nonprofit, nongovernmental organizations assisting
domestic violence or sexual assault victims through the
legal process.
``SEC. 2004. GENERAL TERMS AND CONDITIONS.
``(a) Nonmonetary Assistance.--In addition to the
assistance provided under this part, the Attorney General may
request any Federal agency to use its authorities and the
resources granted to it under Federal law (including personnel,
equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of State, tribal, and local
assistance efforts.
``(b) Reporting.--Not later than 180 days after the end of
each fiscal year for which grants are made under this part, the
Attorney General shall submit to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate a report that includes, for each State
and for each grantee Indian tribe--
``(1) the number of grants made and funds
distributed under this part;
``(2) a summary of the purposes for which those
grants were provided and an evaluation of their
progress;
``(3) a statistical summary of persons served,
detailing the nature of victimization, and providing
data on age, sex, relationship of victim to offender,
geographic distribution, race, ethnicity, language, and
disability; and
``(4) an evaluation of the effectiveness of
programs funded under this part.
``(c) Regulations or Guidelines.--Not later than 120 days
after the date of enactment of this part, the Attorney General
shall publish proposed regulations or guidelines implementing
this part. Not later than 180 days after the date of enactment,
the Attorney General shall publish final regulations or
guidelines implementing this part.
``SEC. 2005. RAPE EXAM PAYMENTS.
``(a) Restriction of Funds.--
``(1) In general.--A State, Indian tribal
government, or unit of local government, shall not be
entitled to funds under this part unless the State,
Indian tribal government, unit of local government, or
another governmental entity incurs the full out-of-
pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.
``(2) Redistribution.--Funds withheld from a State
or unit of local government under paragraph (1) shall
be distributed to other States or units of local
government pro rata. Funds withheld from an Indian
tribal government under paragraph (1) shall be
distributed to other Indian tribal governments pro
rata.
``(b) Medical Costs.--A State, Indian tribal government, or
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual
assault if any government entity--
``(1) provides such exams to victims free of charge
to the victim;
``(2) arranges for victims to obtain such exams
free of charge to the victims; or
``(3) reimburses victims for the cost of such exams
if--
``(A) the reimbursement covers the full
cost of such exams, without any deductible
requirement or limit on the amount of a
reimbursement;
``(B) the reimbursing governmental entity
permits victims to apply for reimbursement for
not less than one year from the date of the
exam;
``(C) the reimbursing governmental entity
provides reimbursement not later than 90 days
after written notification of the victim's
expense; and
``(D) the State, Indian tribal government,
unit of local government, or reimbursing
governmental entity provides information at the
time of the exam to all victims, including
victims with limited or no English proficiency,
regarding how to obtain reimbursement.
``SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
``(a) In General.--A State, Indian tribal government, or
unit of local government, shall not be entitled to funds under
this part unless the State, Indian tribal government, or unit
of local government--
``(1) certifies that its laws, policies, and
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs
associated with the filing of criminal charges against
the domestic violence offender, or the costs associated
with the issuance or service of a warrant, protection
order, or witness subpoena; or
``(2) gives the Attorney General assurances that
its laws, policies and practices will be in compliance
with the requirements of paragraph (1) within the later
of--
``(A) the period ending on the date on
which the next session of the State legislature
ends; or
``(B) 2 years.
``(b) Redistribution.--Funds withheld from a State, unit of
local government, or Indian tribal government under subsection
(a) shall be distributed to other States, units of local
government, and Indian tribal government, respectively, pro
rata.''.
(b) Technical Amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 32101(b), is
amended by striking the matter relating to part T and inserting
the following:
``Part T--Grants To Combat Violent Crimes Against Women
``Sec. 2001. Purpose of the program and grants.
``Sec. 2002. State grants.
``Sec. 2003. General definitions.
``Sec. 2004. General terms and conditions.
``Sec. 2005. Rape exam payments.
``Sec. 2006. Filing costs for criminal charges.
``Part U--Transition--Effective Date--Repealer
``Sec. 2101. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 32101(d), is
amended--
(1) in paragraph (3) by striking ``and S'' and
inserting ``S, and T''; and
(2) by adding at the end the following new
paragraph:
``(18) There are authorized to be appropriated to carry out
part T--
``(A) $26,000,000 for fiscal year 1995;
``(B) $130,000,000 for fiscal year 1996;
``(C) $145,000,000 for fiscal year 1997;
``(D) $160,000,000 for fiscal year 1998;
``(E) $165,000,000 for fiscal year 1999; and
``(F) $174,000,000 for fiscal year 2000.''.
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.''.
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)''.
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.
``Sec. 2261. Interstate domestic violence
``(a) Offenses.--
``(1) Crossing a state line.--A person who travels
across a State line or enters or leaves Indian country
with the intent to injure, harass, or intimidate that
person's spouse or intimate partner, and who, in the
course of or as a result of such travel, intentionally
commits a crime of violence and thereby causes bodily
injury to such spouse or intimate partner, shall be
punished as provided in subsection (b).
``(2) Causing the crossing of a state line.--A
person who causes a spouse or intimate partner to cross
a State line or to enter or leave Indian country by
force, coercion, duress, or fraud and, in the course or
as a result of that conduct, intentionally commits a
crime of violence and thereby causes bodily injury to
the person's spouse or intimate partner, shall be
punished as provided in subsection (b).
``(b) Penalties.--A person who violates this section shall
be fined under this title, imprisoned--
``(1) for life or any term of years, if death of
the offender's spouse or intimate partner results;
``(2) for not more than 20 years if permanent
disfigurement or life threatening bodily injury to the
offender's spouse or intimate partner results;
``(3) for not more than 10 years, if serious bodily
injury to the offender's spouse or intimate partner
results or if the offender uses a dangerous weapon
during the offense;
``(4) as provided for the applicable conduct under
chapter 109A if the offense would constitute an offense
under chapter 109A (without regard to whether the
offense was committed in the special maritime and
territorial jurisdiction of the United States or in a
Federal prison); and
``(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
``Sec. 2262. Interstate violation of protection order
``(a) Offenses.--
``(1) Crossing a state line.--A person who travels
across a State line or enters or leaves Indian country
with the intent to engage in conduct that--
``(A)(i) violates the portion of a
protection order that involves protection
against credible threats of violence, repeated
harassment, or bodily injury to the person or
persons for whom the protection order was
issued; or
``(ii) would violate subparagraph (A) if
the conduct occurred in the jurisdiction in
which the order was issued; and
``(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
``(2) Causing the crossing of a state line.--A
person who causes a spouse or intimate partner to cross
a State line or to enter or leave Indian country by
force, coercion, duress, or fraud, and, in the course
or as a result of that conduct, intentionally commits
an act that injures the person's spouse or intimate
partner in violation of a valid protection order issued
by a State shall be punished as provided in subsection
(b).
``(b) Penalties.--A person who violates this section shall
be fined under this title, imprisoned--
``(1) for life or any term of years, if death of
the offender's spouse or intimate partner results;
``(2) for not more than 20 years if permanent
disfigurement or life threatening bodily injury to the
offender's spouse or intimate partner results;
``(3) for not more than 10 years, if serious bodily
injury to the offender's spouse or intimate partner
results or if the offender uses a dangerous weapon
during the offense;
``(4) as provided for the applicable conduct under
chapter 109A if the offense would constitute an offense
under chapter 109A (without regard to whether the
offense was committed in the special maritime and
territorial jurisdiction of the United States or in a
Federal prison); and
``(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
``Sec. 2263. Pretrial release of defendant
``In any proceeding pursuant to section 3142 for the
purpose of determining whether a defendant charged under this
chapter shall be released pending trial, or for the purpose of
determining conditions of such release, the alleged victim
shall be given an opportunity to be heard regarding the danger
posed by the defendant.
``Sec. 2264. Restitution
``(a) In General.--Notwithstanding section 3663, and in
addition to any other civil or criminal penalty authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under
this section shall direct that--
``(A) the defendant pay to the victim
(through the appropriate court mechanism) the
full amount of the victim's losses as
determined by the court, pursuant to paragraph
(3); and
``(B) the United States Attorney enforce
the restitution order by all available and
reasonable means.
``(2) Enforcement by victim.--An order of
restitution also may be enforced by a victim named in
the order to receive the restitution in the same manner
as a judgment in a civil action.
``(3) Definition.--For purposes of this subsection,
the term `full amount of the victim's losses' includes
any costs incurred by the victim for--
``(A) medical services relating to
physical, psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary
housing, and child care expenses;
``(D) lost income;
``(E) attorneys' fees, plus any costs
incurred in obtaining a civil protection order;
and
``(F) any other losses suffered by the
victim as a proximate result of the offense.
``(4) Order mandatory.--(A) The issuance of a
restitution order under this section is mandatory.
``(B) A court may not decline to issue an order
under this section because of--
``(i) the economic circumstances of the
defendant; or
``(ii) the fact that a victim has, or is
entitled to, receive compensation for his or
her injuries from the proceeds of insurance or
any other source.
``(C)(i) Notwithstanding subparagraph (A), the
court may take into account the economic circumstances
of the defendant in determining the manner in which and
the schedule according to which the restitution is to
be paid.
``(ii) For purposes of this subparagraph, the term
`economic circumstances' includes--
``(I) the financial resources and other
assets of the defendant;
``(II) projected earnings, earning
capacity, and other income of the defendant;
and
``(III) any financial obligations of the
defendant, including obligations to dependents.
``(D) Subparagraph (A) does not apply if--
``(i) the court finds on the record that
the economic circumstances of the defendant do
not allow for the payment of any amount of a
restitution order, and do not allow for the
payment of any or some portion of the amount of
a restitution order in the foreseeable future
(under any reasonable schedule of payments);
and
``(ii) the court enters in its order the
amount of the victim's losses, and provides a
nominal restitution award.
``(5) More than 1 offender.--When the court finds
that more than 1 offender has contributed to the loss
of a victim, the court may make each offender liable
for payment of the full amount of restitution or may
apportion liability among the offenders to reflect the
level of contribution and economic circumstances of
each offender.
``(6) More than 1 victim.--When the court finds
that more than 1 victim has sustained a loss requiring
restitution by an offender, the court shall order full
restitution of each victim but may provide for
different payment schedules to reflect the economic
circumstances of each victim.
``(7) Payment schedule.--An order under this
section may direct the defendant to make a single lump-
sum payment or partial payments at specified intervals.
``(8) Setoff.--Any amount paid to a victim under
this section shall be set off against any amount later
recovered as compensatory damages by the victim from
the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the
extent provided by the law of the State.
``(9) Effect on other sources of compensation.--The
issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source
until the payments actually received by the victim
under the restitution order fully compensate the victim
for the loss.
``(10) Condition of probation or supervised
release.--Compliance with a restitution order issued
under this section shall be a condition of any
probation or supervised release of a defendant. If an
offender fails to comply with a restitution order, the
court may, after a hearing, revoke probation or a term
of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold
the defendant in contempt pursuant to section 3583(e).
In determining whether to revoke probation or a term of
supervised release, modify the terms or conditions of
probation or supervised release or hold a defendant
serving a term of supervised release in contempt, the
court shall consider the defendant's employment status,
earning ability and financial resources, the
willfulness of the defendant's failure to comply, and
any other circumstances that may have a bearing on the
defendant's ability to comply.
``(c) Affidavit.--Within 60 days after conviction and, in
any event, not later than 10 days before sentencing, the United
States Attorney (or such Attorney's delegate), after consulting
with the victim, shall prepare and file an affidavit with the
court listing the amounts subject to restitution under this
section. The affidavit shall be signed by the United States
Attorney (or the delegate) and the victim. Should the victim
object to any of the information included in the affidavit, the
United States Attorney (or the delegate) shall advise the
victim that the victim may file a separate affidavit and assist
the victim in the preparation of the affidavit.
``(d) Objection.--If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to
subsection (a) shall be entered in the court's restitution
order. If objection is raised, the court may require the victim
or the United States Attorney (or the United States Attorney's
delegate) to submit further affidavits or other supporting
documents, demonstrating the victim's losses.
``(e) Additional Documentation and Testimony.--If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity of
the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy
of any records filed, or testimony heard, pursuant to this
section, shall be maintained to the greatest extent possible,
and such records may be filed or testimony heard in camera.
``(f) Final Determination of Losses.--If the victim's
losses are not ascertainable 10 days before sentencing as
provided in subsection (c), the United States Attorney (or the
United States Attorney's delegate) shall so inform the court,
and the court shall set a date for the final determination of
the victim's losses, not to exceed 90 days after sentencing. If
the victim subsequently discovers further losses, the victim
shall have 90 days after discovery of those losses in which to
petition the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
``(g) Restitution in Addition to Punishment.--An award of
restitution to the victim of an offense under this chapter is
not a substitute for imposition of punishment under this
chapter.
``Sec. 2265. Full faith and credit given to protection orders
``(a) Full Faith and Credit.--Any protection order issued
that is consistent with subsection (b) of this section by the
court of one State or Indian tribe (the issuing State or Indian
tribe) shall be accorded full faith and credit by the court of
another State or Indian tribe (the enforcing State or Indian
tribe) and enforced as if it were the order of the enforcing
State or tribe.
``(b) Protection Order.--A protection order issued by a
State or tribal court is consistent with this subsection if--
``(1) such court has jurisdiction over the parties
and matter under the law of such State or Indian tribe;
and
``(2) reasonable notice and opportunity to be heard
is given to the person against whom the order is sought
sufficient to protect that person's right to due
process. In the case of ex parte orders, notice and
opportunity to be heard must be provided within the
time required by State or tribal law, and in any event
within a reasonable time after the order is issued,
sufficient to protect the respondent's due process
rights.
``(c) Cross or Counter Petition.--A protection order issued
by a State or tribal court against one who has petitioned,
filed a complaint, or otherwise filed a written pleading for
protection against abuse by a spouse or intimate partner is not
entitled to full faith and credit if--
``(1) no cross or counter petition, complaint, or
other written pleading was filed seeking such a
protection order; or
``(2) a cross or counter petition has been filed
and the court did not make specific findings that each
party was entitled to such an order.
``Sec. 2266. Definitions
``In this chapter--
```bodily injury' means any act, except one done in
self-defense, that results in physical injury or sexual
abuse.
```Indian country' has the meaning stated in
section 1151.
```protection order' includes any injunction or
other order issued for the purpose of preventing
violent or threatening acts or harassment against, or
contact or communication with or physical proximity to,
another person, including temporary and final orders
issued by civil and criminal courts (other than support
or child custody orders) whether obtained by filing an
independent action or as a pendente lite order in
another proceeding so long as any civil order was
issued in response to a complaint, petition or motion
filed by or on behalf of a person seeking protection.
```spouse or intimate partner' includes--
``(A) a spouse, a former spouse, a person
who shares a child in common with the abuser,
and a person who cohabits or has cohabited with
the abuser as a spouse; and
``(B) any other person similarly situated
to a spouse who is protected by the domestic or
family violence laws of the State in which the
injury occurred or where the victim resides.
```State' includes a State of the United States,
the District of Columbia, a commonwealth, territory, or
possession of the United States.
```travel across State lines' does not include
travel across State lines by an individual who is a
member of an Indian tribe when such individual remains
at all times in the territory of the Indian tribe of
which the individual is a member.''.
(b) Technical Amendment.--The part analysis for part I of
title 18, United States Code, is amended by inserting after the
item for chapter 110 the following new item:
``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''.
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.
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''.
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.
SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is
amended--
(1) in paragraph (2) by inserting ``including an
offense under chapter 109A or chapter 110'' after ``an
offense resulting in bodily injury to a victim'';
(2) by striking ``and'' at the end of paragraph
(3);
(3) by redesignating paragraph (4) as paragraph
(5); and
(4) by inserting after paragraph (3) the following
new paragraph:
``(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the
investigation or prosecution of the offense or
attendance at proceedings related to the offense;
and''.
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF
FEDERAL BENEFITS.
Section 3663 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(i)(1) A Federal agency shall immediately suspend all
Federal benefits provided by the agency to the defendant, and
shall terminate the defendant's eligibility for Federal
benefits administered by that agency, upon receipt of a
certified copy of a written judicial finding that the defendant
is delinquent in making restitution in accordance with any
schedule of payments or any requirement of immediate payment
imposed under this section.
``(2) Any written finding of delinquency described in
paragraph (1) shall be made by a court, after a hearing, upon
motion of the victim named in the order to receive the
restitution or upon motion of the United States.
``(3) A defendant found to be delinquent may subsequently
seek a written finding from the court that the defendant has
rectified the delinquency or that the defendant has made and
will make good faith efforts to rectify the delinquency. The
defendant's eligibility for Federal benefits shall be
reinstated upon receipt by the agency of a certified copy of
such a finding.
``(4) In this subsection, ``Federal benefit'' means a
grant, contract, loan, professional license, or commercial
license provided by an agency of the United States.''.
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
(a) Study.--The Attorney General, in consultation with the
Secretary of Education, shall provide for a national baseline
study to examine the scope of the problem of campus sexual
assaults and the effectiveness of institutional and legal
policies in addressing such crimes and protecting victims. The
Attorney General may utilize the Bureau of Justice Statistics,
the National Institute of Justice, and the Office for Victims
of Crime in carrying out this section.
(b) Report.--Based on the study required by subsection (a)
and data collected under the Student Right-To-Know and Campus
Security Act (20 U.S.C. 1001 note; Public Law 101-542) and
amendments made by that Act, the Attorney General shall prepare
a report including an analysis of--
(1) the number of reported allegations and
estimated number of unreported allegations of campus
sexual assaults, and to whom the allegations are
reported (including authorities of the educational
institution, sexual assault victim service entities,
and local criminal authorities);
(2) the number of campus sexual assault allegations
reported to authorities of educational institutions
which are reported to criminal authorities;
(3) the number of campus sexual assault allegations
that result in criminal prosecution in comparison with
the number of non-campus sexual assault allegations
that result in criminal prosecution;
(4) Federal and State laws or regulations
pertaining specifically to campus sexual assaults;
(5) the adequacy of policies and practices of
educational institutions in addressing campus sexual
assaults and protecting victims, including
consideration of--
(A) the security measures in effect at
educational institutions, such as utilization
of campus police and security guards, control
over access to grounds and buildings,
supervision of student activities and student
living arrangements, control over the
consumption of alcohol by students, lighting,
and the availability of escort services;
(B) the articulation and communication to
students of the institution's policies
concerning sexual assaults;
(C) policies and practices that may prevent
or discourage the reporting of campus sexual
assaults to local criminal authorities, or that
may otherwise obstruct justice or interfere
with the prosecution of perpetrators of campus
sexual assaults;
(D) the nature and availability of victim
services for victims of campus sexual assaults;
(E) the ability of educational
institutions' disciplinary processes to address
allegations of sexual assault adequately and
fairly;
(F) measures that are taken to ensure that
victims are free of unwanted contact with
alleged assailants, and disciplinary sanctions
that are imposed when a sexual assault is
determined to have occurred; and
(G) the grounds on which educational
institutions are subject to lawsuits based on
campus sexual assaults, the resolution of these
cases, and measures that can be taken to avoid
the likelihood of lawsuits and civil liability;
(6) in conjunction with the report produced by the
Department of Education in coordination with
institutions of education under the Student Right-To-
Know and Campus Security Act (20 U.S.C. 1001 note;
Public Law 101-542) and amendments made by that Act, an
assessment of the policies and practices of educational
institutions that are of greatest effectiveness in
addressing campus sexual assaults and protecting
victims, including policies and practices relating to
the particular issues described in paragraph (5); and
(7) any recommendations the Attorney General may
have for reforms to address campus sexual assaults and
protect victims more effectively, and any other matters
that the Attorney General deems relevant to the subject
of the study and report required by this section.
(c) Submission of Report.--The report required by
subsection (b) shall be submitted to the Congress no later than
September 1, 1996.
(d) Definition.--For purposes of this section, ``campus
sexual assaults'' includes sexual assaults occurring at
institutions of postsecondary education and sexual assaults
committed against or by students or employees of such
institutions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the study required by this
section--$200,000 for fiscal year 1996.
SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--Not less than 1 year after the date of
enactment of this Act, the Attorney General and the Secretary
of Health and Human Services shall transmit to the House
Committee on Energy and Commerce, the Senate Committee on Labor
and Human Resources, and the Committees on the Judiciary of the
Senate and the House of Representatives a report on the medical
and psychological basis of ``battered women's syndrome'' and on
the extent to which evidence of the syndrome has been
considered in criminal trials.
(b) Components.--The report under subsection (a) shall
include--
(1) medical and psychological testimony on the
validity of battered women's syndrome as a
psychological condition;
(2) a compilation of State, tribal, and Federal
court cases in which evidence of battered women's
syndrome was offered in criminal trials; and
(3) an assessment by State, tribal, and Federal
judges, prosecutors, and defense attorneys of the
effects that evidence of battered women's syndrome may
have in criminal trials.
SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) Report.--The Attorney General shall conduct a study of
the means by which abusive spouses may obtain information
concerning the addresses or locations of estranged or former
spouses, notwithstanding the desire of the victims to have such
information withheld to avoid further exposure to abuse. Based
on the study, the Attorney General shall transmit a report to
Congress including--
(1) the findings of the study concerning the means
by which information concerning the addresses or
locations of abused spouses may be obtained by abusers;
and
(2) analysis of the feasibility of creating
effective means of protecting the confidentiality of
information concerning the addresses and locations of
abused spouses to protect such persons from exposure to
further abuse while preserving access to such
information for legitimate purposes.
(b) Use of Components.--The Attorney General may use the
National Institute of Justice and the Office for Victims of
Crime in carrying out this section.
SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall complete a study of, and shall
submit to Congress a report and recommendations on, problems of
recordkeeping of criminal complaints involving domestic
violence. The study and report shall examine--
(1) the efforts that have been made by the
Department of Justice, including the Federal Bureau of
Investigation, to collect statistics on domestic
violence; and
(2) the feasibility of requiring that the
relationship between an offender and victim be reported
in Federal records of crimes of aggravated assault,
rape, and other violent crimes.
Subtitle F--National Stalker and Domestic Violence Reduction
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION
DATABASES.
(a) Access and Entry.--Section 534 of title 28, United
States Code, is amended by adding at the end the following:
``(e)(1) Information from national crime information
databases consisting of identification records, criminal
history records, protection orders, and wanted person records
may be disseminated to civil or criminal courts for use in
domestic violence or stalking cases. Nothing in this subsection
shall be construed to permit access to such records for any
other purpose.
``(2) Federal and State criminal justice agencies
authorized to enter information into criminal information
databases may include--
``(A) arrests, convictions, and arrest warrants for
stalking or domestic violence or for violations of
protection orders for the protection of parties from
stalking or domestic violence; and
``(B) protection orders for the protection of
persons from stalking or domestic violence, provided
such orders are subject to periodic verification.
``(3) As used in this subsection--
``(A) the term `national crime information
databases' means the National Crime Information Center
and its incorporated criminal history databases,
including the Interstate Identification Index; and
``(B) the term `protection order' includes an
injunction or any other order issued for the purpose of
preventing violent or threatening acts or harassment
against, or contact or communication with or physical
proximity to, another person, including temporary and
final orders issued by civil or criminal courts (other
than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite
order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.''.
(b) Rulemaking.--The Attorney General may make rules to
carry out the subsection added to section 534 of title 28,
United States Code, by subsection (a), after consultation with
the officials charged with managing the National Crime
Information Center and the Criminal Justice Information
Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) In General.--The Attorney General is authorized to
provide grants to States and units of local government to
improve processes for entering data regarding stalking and
domestic violence into local, State, and national crime
information databases.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or unit of local government shall
certify that it has or intends to establish a program that
enters into the National Crime Information Center records of--
(1) warrants for the arrest of persons violating
protection orders intended to protect victims from
stalking or domestic violence;
(2) arrests or convictions of persons violating
protection or domestic violence; and
(3) protection orders for the protection of persons
from stalking or domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
An application for a grant under this subtitle shall be
submitted in such form and manner, and contain such
information, as the Attorney General may prescribe. In
addition, applications shall include documentation showing--
(1) the need for grant funds and that State or
local funding, as the case may be, does not already
cover these operations;
(2) intended use of the grant funds, including a
plan of action to increase record input; and
(3) an estimate of expected results from the use of
the grant funds.
SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application
under this subtitle, the Attorney General shall either provide
grant funds or shall inform the applicant why grant funds are
not being provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and
training in furtherance of the purposes of this subtitle, and
may provide for the evaluation of programs that receive funds
under this subtitle, in addition to any evaluation requirements
that the Attorney General may prescribe for grantees. The
technical assistance, training, and evaluations authorized by
this section may be carried out directly by the Attorney
General, or through contracts or other arrangements with other
entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with
nationally recognized nonprofit organizations with expertise in
stalking and domestic violence cases, shall conduct training
programs for State (as defined in section 202 of the State
Justice Institute Authorization Act of 1984 (42 U.S.C. 10701))
and Indian tribal judges to ensure that a judge issuing an
order in a stalking or domestic violence case has all available
criminal history and other information, whether from State or
Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with
nationally recognized nonprofit associations with expertise in
data sharing among criminal justice agencies and familiarity
with the issues raised in stalking and domestic violence cases,
shall recommend proposals regarding how State courts may
increase intrastate communication between civil and criminal
courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.
Not later than 2 years after the date of enactment of this
Act, the Attorney General, in accordance with the States, shall
compile data regarding domestic violence and intimidation
(including stalking) as part of the National Incident-Based
Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of
this Act, that provides information concerning the incidence of
stalking and domestic violence, and evaluates the effectiveness
of State antistalking efforts and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle--
(1) the term ``national crime information
databases'' refers to the National Crime Information
Center and its incorporated criminal history databases,
including the Interstate Identification Index; and
(2) the term ``protection order'' includes an
injunction or any other order issued for the purpose of
preventing violent or threatening acts or harassment
against, or contact or communication with or physical
proximity to, another person, including temporary and
final orders issued by civil or criminal courts (other
than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite
order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.
Subtitle G--Protections for Battered Immigrant Women and Children
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND
PREFERENCE STATUS.
(a) In General.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``(i)'' after ``(A)'',
(B) by redesignating the second sentence as
clause (ii), and
(C) by adding at the end the following new
clauses:
``(iii) An alien who is the spouse of a citizen of the
United States, who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(A)(i), and who has resided in the United
States with the alien's spouse may file a petition with the
Attorney General under this subparagraph for classification of
the alien (and any child of the alien if such a child has not
been classified under clause (iv)) under such section if the
alien demonstrates to the Attorney General that--
``(I) the alien is residing in the United States,
the marriage between the alien and the spouse was
entered into in good faith by the alien, and during the
marriage the alien or a child of the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's spouse; and
``(II) the alien is a person whose deportation, in
the opinion of the Attorney General, would result in
extreme hardship to the alien or a child of the alien.
``(iv) An alien who is the child of a citizen of the United
States, who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(A)(i), and who has resided in the United
States with the citizen parent may file a petition with the
Attorney General under this subparagraph for classification of
the alien under such section if the alien demonstrates to the
Attorney General that--
``(I) the alien is residing in the United States
and during the period of residence with the citizen
parent the alien has been battered by or has been the
subject of extreme cruelty perpetrated by the alien's
citizen parent; and
``(II) the alien is a person whose deportation, in
the opinion of the Attorney General, would result in
extreme hardship to the alien.'';
(2) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following new
clauses:
``(ii) An alien who is the spouse of an alien lawfully
admitted for permanent residence, who is a person of good moral
character, who is eligible for classification under section
203(a)(2)(A), and who has resided in the United States with the
alien's legal permanent resident spouse may file a petition
with the Attorney General under this subparagraph for
classification of the alien (and any child of the alien if such
a child has not been classified under clause (iii)) under such
section if the alien demonstrates to the Attorney General that
the conditions described in subclauses (I) and (II) of
subparagraph (A)(iii) are met with respect to the alien.
``(iii) An alien who is the child of an alien lawfully
admitted for permanent residence, who is a person of good moral
character, who is eligible for classification under section
203(a)(2)(A), and who has resided in the United States with the
alien's permanent resident alien parent may file a petition
with the Attorney General under this subparagraph for
classification of the alien under such section if the alien
demonstrates to the Attorney General that--
``(I) the alien is residing in the United States
and during the period of residence with the permanent
resident parent the alien has been battered by or has
been the subject of extreme cruelty perpetrated by the
alien's permanent resident parent; and
``(II) the alien is a person whose deportation, in
the opinion of the Attorney General, would result in
extreme hardship to the alien.''; and
(3) by adding at the end the following new
subparagraph:
``(H) In acting on petitions filed under clause (iii) or
(iv) of subparagraph (A) or clause (ii) or (iii) of
subparagraph (B), the Attorney General shall consider any
credible evidence relevant to the petition. The determination
of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney
General.''.
(b) Conforming Amendments.--(1) Section 204(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is
amended--
(A) in subparagraph (A) by striking ``filed by an
alien who,'' and inserting ``for the classification of
the spouse of an alien if the alien,''; and
(B) in subparagraph (B) by striking ``by an alien
whose prior marriage'' and inserting ``for the
classification of the spouse of an alien if the prior
marriage of the alien''.
(2) Section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by
striking ``204(a)(1)(A)'' and inserting ``204(a)(1)(A)(ii)''.
(c) Survival Rights To Petition.--Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended by
adding at the end the following new subsection:
``(h) The legal termination of a marriage may not be the
sole basis for revocation under section 205 of a petition filed
under subsection (a)(1)(A)(iii) or a petition filed under
subsection (a)(1)(B)(ii) pursuant to conditions described in
subsection (a)(1)(A)(iii)(I).''.
(d) Effective Date.--The amendments made by this section
shall take effect January 1, 1995.
SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting
after the second sentence the following: ``In acting on
applications under this paragraph, the Attorney General shall
consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion of the
Attorney General.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to applications made before, on, or after such
date.
SEC. 40703. SUSPENSION OF DEPORTATION.
(a) Battered Spouse or Child.--Section 244(a) of the
Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(3) by inserting after paragraph (2) the following:
``(3) is deportable under any law of the United
States except section 241(a)(1)(G) and the provisions
specified in paragraph (2); has been physically present
in the United States for a continuous period of not
less than 3 years immediately preceding the date of
such application; has been battered or subjected to
extreme cruelty in the United States by a spouse or
parent who is a United States citizen or lawful
permanent resident (or is the parent of a child of a
United States citizen or lawful permanent resident and
the child has been battered or subjected to extreme
cruelty in the United States by such citizen or
permanent resident parent); and proves that during all
of such time in the United States the alien was and is
a person of good moral character; and is a person whose
deportation would, in the opinion of the Attorney
General, result in extreme hardship to the alien or the
alien's parent or child.''.
(b) Consideration of Evidence.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254) is amended by
adding at the end the following new subsection:
``(g) In acting on applications under subsection (a)(3),
the Attorney General shall consider any credible evidence
relevant to the application. The determination of what evidence
is credible and the weight to be given that evidence shall be
within the sole discretion of the Attorney General.''.
TITLE V--DRUG COURTS
SEC. 50001. DRUG COURTS.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 40231(a), is amended--
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301;
and
(3) by inserting after part U the following new
part:
``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.
``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.
``Sec. 3591. Sentence of death
``(a) A defendant who has been found guilty of--
``(1) an offense described in section 794 or
section 2381; or
``(2) any other offense for which a sentence of
death is provided, if the defendant, as determined
beyond a reasonable doubt at the hearing under section
3593--
``(A) intentionally killed the victim;
``(B) intentionally inflicted serious
bodily injury that resulted in the death of the
victim;
``(C) intentionally participated in an act,
contemplating that the life of a person would
be taken or intending that lethal force would
be used in connection with a person, other than
one of the participants in the offense, and the
victim died as a direct result of the act; or
``(D) intentionally and specifically
engaged in an act of violence, knowing that the
act created a grave risk of death to a person,
other than one of the participants in the
offense, such that participation in the act
constituted a reckless disregard for human life
and the victim died as a direct result of the
act,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that imposition
of a sentence of death is justified, except that no person may
be sentenced to death who was less than 18 years of age at the
time of the offense.
``(b) A defendant who has been found guilty of--
``(1) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C. 848(c)(1)),
committed as part of a continuing criminal enterprise
offense under the conditions described in subsection
(b) of that section which involved not less than twice
the quantity of controlled substance described in
subsection (b)(2)(A) or twice the gross receipts
described in subsection (b)(2)(B); or
``(2) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C. 848(c)(1)),
committed as part of a continuing criminal enterprise
offense under that section, where the defendant is a
principal administrator, organizer, or leader of such
an enterprise, and the defendant, in order to obstruct
the investigation or prosecution of the enterprise or
an offense involved in the enterprise, attempts to kill
or knowingly directs, advises, authorizes, or assists
another to attempt to kill any public officer, juror,
witness, or members of the family or household of such
a person,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that imposition
of a sentence of death is justified, except that no person may
be sentenced to death who was less than 18 years of age at the
time of the offense.
``Sec. 3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is
justified
``(a) Mitigating Factors.--In determining whether a
sentence of death is to be imposed on a defendant, the finder
of fact shall consider any mitigating factor, including the
following:
``(1) Impaired capacity.--The defendant's capacity
to appreciate the wrongfulness of the defendant's
conduct or to conform conduct to the requirements of
law was significantly impaired, regardless of whether
the capacity was so impaired as to constitute a defense
to the charge.
``(2) Duress.--The defendant was under unusual and
substantial duress, regardless of whether the duress
was of such a degree as to constitute a defense to the
charge.
``(3) Minor participation.--The defendant is
punishable as a principal in the offense, which was
committed by another, but the defendant's participation
was relatively minor, regardless of whether the
participation was so minor as to constitute a defense
to the charge.
``(4) Equally culpable defendants.--Another
defendant or defendants, equally culpable in the crime,
will not be punished by death.
``(5) No prior criminal record.--The defendant did
not have a significant prior history of other criminal
conduct.
``(6) Disturbance.--The defendant committed the
offense under severe mental or emotional disturbance.
``(7) Victim's consent.--The victim consented to
the criminal conduct that resulted in the victim's
death.
``(8) Other factors.--Other factors in the
defendant's background, record, or character or any
other circumstance of the offense that mitigate against
imposition of the death sentence.
``(b) Aggravating Factors for Espionage and Treason.--In
determining whether a sentence of death is justified for an
offense described in section 3591(a)(1), the jury, or if there
is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and
determine which, if any, exist:
``(1) Prior espionage or treason offense.--The
defendant has previously been convicted of another
offense involving espionage or treason for which a
sentence of either life imprisonment or death was
authorized by law.
``(2) Grave risk to national security.--In the
commission of the offense the defendant knowingly
created a grave risk of substantial danger to the
national security.
``(3) Grave risk of death.--In the commission of
the offense the defendant knowingly created a grave
risk of death to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has been
given exists.
``(c) Aggravating Factors for Homicide.--In determining
whether a sentence of death is justified for an offense
described in section 3591(a)(2), the jury, or if there is no
jury, the court, shall consider each of the following
aggravating factors for which notice has been given and
determine which, if any, exist:
``(1) Death during commission of another crime.--
The death, or injury resulting in death, occurred
during the commission or attempted commission of, or
during the immediate flight from the commission of, an
offense under section 32 (destruction of aircraft or
aircraft facilities), section 33 (destruction of motor
vehicles or motor vehicle facilities), section 36
(violence at international airports), section 351
(violence against Members of Congress, Cabinet
officers, or Supreme Court Justices), an offense under
section 751 (prisoners in custody of institution or
officer), section 794 (gathering or delivering defense
information to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 1118
(prisoners serving life term), section 1201
(kidnaping), section 844(i) (destruction of property
affecting interstate commerce by explosives), section
1116 (killing or attempted killing of diplomats),
section 1203 (hostage taking), section 1992 (wrecking
trains), section 2280 (maritime violence), section 2281
(maritime platform violence), section 2332 (terrorist
acts abroad against United States nationals), section
2339 (use of weapons of mass destruction), or section
2381 (treason) of this title, or section 46502 of title
49, United States Code (aircraft piracy).
``(2) Previous conviction of violent felony
involving firearm.--For any offense, other than an
offense for which a sentence of death is sought on the
basis of section 924(c), the defendant has previously
been convicted of a Federal or State offense punishable
by a term of imprisonment of more than 1 year,
involving the use or attempted or threatened use of a
firearm (as defined in section 921) against another
person.
``(3) Previous conviction of offense for which a
sentence of death or life imprisonment was
authorized.--The defendant has previously been
convicted of another Federal or State offense resulting
in the death of a person, for which a sentence of life
imprisonment or a sentence of death was authorized by
statute.
``(4) Previous conviction of other serious
offenses.--The defendant has previously been convicted
of 2 or more Federal or State offenses, punishable by a
term of imprisonment of more than 1 year, committed on
different occasions, involving the infliction of, or
attempted infliction of, serious bodily injury or death
upon another person.
``(5) Grave risk of death to additional persons.--
The defendant, in the commission of the offense, or in
escaping apprehension for the violation of the offense,
knowingly created a grave risk of death to 1 or more
persons in addition to the victim of the offense.
``(6) Heinous, cruel, or depraved manner of
committing offense.--The defendant committed the
offense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical
abuse to the victim.
``(7) Procurement of offense by payment.--The
defendant procured the commission of the offense by
payment, or promise of payment, of anything of
pecuniary value.
``(8) Pecuniary gain.--The defendant committed the
offense as consideration for the receipt, or in the
expectation of the receipt, of anything of pecuniary
value.
``(9) Substantial planning and premeditation.--The
defendant committed the offense after substantial
planning and premeditation to cause the death of a
person or commit an act of terrorism.
``(10) Conviction for two felony drug offenses.--
The defendant has previously been convicted of 2 or
more State or Federal offenses punishable by a term of
imprisonment of more than one year, committed on
different occasions, involving the distribution of a
controlled substance.
``(11) Vulnerability of victim.--The victim was
particularly vulnerable due to old age, youth, or
infirmity.
``(12) Conviction for serious federal drug
offenses.--The defendant had previously been convicted
of violating title II or III of the Controlled
Substances Act for which a sentence of 5 or more years
may be imposed or had previously been convicted of
engaging in a continuing criminal enterprise.
``(13) Continuing criminal enterprise involving
drug sales to minors.--The defendant committed the
offense in the course of engaging in a continuing
criminal enterprise in violation of section 408(c) of
the Controlled Substances Act (21 U.S.C. 848(c)), and
that violation involved the distribution of drugs to
persons under the age of 21 in violation of section 418
of that Act (21 U.S.C. 859).
``(14) High public officials.--The defendant
committed the offense against--
``(A) the President of the United States,
the President-elect, the Vice President, the
Vice President-elect, the Vice President-
designate, or, if there is no Vice President,
the officer next in order of succession to the
office of the President of the United States,
or any person who is acting as President under
the Constitution and laws of the United States;
``(B) a chief of state, head of government,
or the political equivalent, of a foreign
nation;
``(C) a foreign official listed in section
1116(b)(3)(A), if the official is in the United
States on official business; or
``(D) a Federal public servant who is a
judge, a law enforcement officer, or an
employee of a United States penal or
correctional institution--
``(i) while he or she is engaged in
the performance of his or her official
duties;
``(ii) because of the performance
of his or her official duties; or
``(iii) because of his or her
status as a public servant.
For purposes of this subparagraph, a `law
enforcement officer' is a public servant
authorized by law or by a Government agency or
Congress to conduct or engage in the
prevention, investigation, or prosecution or
adjudication of an offense, and includes those
engaged in corrections, parole, or probation
functions.
``(15) Prior conviction of sexual assault or child
molestation.--In the case of an offense under chapter
109A (sexual abuse) or chapter 110 (sexual abuse of
children), the defendant has previously been convicted
of a crime of sexual assault or crime of child
molestation.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has been
given exists.
``(d) Aggravating Factors for Drug Offense Death Penalty.--
In determining whether a sentence of death is justified for an
offense described in section 3591(b), the jury, or if there is
no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and
determine which, if any, exist:
``(1) Previous conviction of offense for which a
sentence of death or life imprisonment was
authorized.--The defendant has previously been
convicted of another Federal or State offense resulting
in the death of a person, for which a sentence of life
imprisonment or death was authorized by statute.
``(2) Previous conviction of other serious
offenses.--The defendant has previously been convicted
of two or more Federal or State offenses, each
punishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
importation, manufacture, or distribution of a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) or the
infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
``(3) Previous serious drug felony conviction.--The
defendant has previously been convicted of another
Federal or State offense involving the manufacture,
distribution, importation, or possession of a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) for which a
sentence of five or more years of imprisonment was
authorized by statute.
``(4) Use of firearm.--In committing the offense,
or in furtherance of a continuing criminal enterprise
of which the offense was a part, the defendant used a
firearm or knowingly directed, advised, authorized, or
assisted another to use a firearm to threaten,
intimidate, assault, or injure a person.
``(5) Distribution to persons under 21.--The
offense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed by
section 418 of the Controlled Substances Act (21 U.S.C.
859) which was committed directly by the defendant.
``(6) Distribution near schools.--The offense, or a
continuing criminal enterprise of which the offense was
a part, involved conduct proscribed by section 419 of
the Controlled Substances Act (21 U.S.C. 860) which was
committed directly by the defendant.
``(7) Using minors in trafficking.--The offense, or
a continuing criminal enterprise of which the offense
was a part, involved conduct proscribed by section 420
of the Controlled Substances Act (21 U.S.C. 861) which
was committed directly by the defendant.
``(8) Lethal adulterant.--The offense involved the
importation, manufacture, or distribution of a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), mixed with
a potentially lethal adulterant, and the defendant was
aware of the presence of the adulterant.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has been
given exists.
``Sec. 3593. Special hearing to determine whether a sentence of death
is justified
``(a) Notice by the Government.--If, in a case involving an
offense described in section 3591, the attorney for the
government believes that the circumstances of the offense are
such that a sentence of death is justified under this chapter,
the attorney shall, a reasonable time before the trial or
before acceptance by the court of a plea of guilty, sign and
file with the court, and serve on the defendant, a notice--
``(1) stating that the government believes that the
circumstances of the offense are such that, if the
defendant is convicted, a sentence of death is
justified under this chapter and that the government
will seek the sentence of death; and
``(2) setting forth the aggravating factor or
factors that the government, if the defendant is
convicted, proposes to prove as justifying a sentence
of death.
The factors for which notice is provided under this subsection
may include factors concerning the effect of the offense on the
victim and the victim's family, and may include oral testimony,
a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss
suffered by the victim and the victim's family, and any other
relevant information. The court may permit the attorney for the
government to amend the notice upon a showing of good cause.
``(b) Hearing Before a Court or Jury.--If the attorney for
the government has filed a notice as required under subsection
(a) and the defendant is found guilty of or pleads guilty to an
offense described in section 3591, the judge who presided at
the trial or before whom the guilty plea was entered, or
another judge if that judge is unavailable, shall conduct a
separate sentencing hearing to determine the punishment to be
imposed. The hearing shall be conducted--
``(1) before the jury that determined the
defendant's guilt;
``(2) before a jury impaneled for the purpose of
the hearing if--
``(A) the defendant was convicted upon a
plea of guilty;
``(B) the defendant was convicted after a
trial before the court sitting without a jury;
``(C) the jury that determined the
defendant's guilt was discharged for good
cause; or
``(D) after initial imposition of a
sentence under this section, reconsideration of
the sentence under this section is necessary;
or
``(3) before the court alone, upon the motion of
the defendant and with the approval of the attorney for
the government.
A jury impaneled pursuant to paragraph (2) shall consist of 12
members, unless, at any time before the conclusion of the
hearing, the parties stipulate, with the approval of the court,
that it shall consist of a lesser number.
``(c) Proof of Mitigating and Aggravating Factors.--
Notwithstanding rule 32(c) of the Federal Rules of Criminal
Procedure, when a defendant is found guilty or pleads guilty to
an offense under section 3591, no presentence report shall be
prepared. At the sentencing hearing, information may be
presented as to any matter relevant to the sentence, including
any mitigating or aggravating factor permitted or required to
be considered under section 3592. Information presented may
include the trial transcript and exhibits if the hearing is
held before a jury or judge not present during the trial, or at
the trial judge's discretion. The defendant may present any
information relevant to a mitigating factor. The government may
present any information relevant to an aggravating factor for
which notice has been provided under subsection (a).
Information is admissible regardless of its admissibility under
the rules governing admission of evidence at criminal trials
except that information may be excluded if its probative value
is outweighed by the danger of creating unfair prejudice,
confusing the issues, or misleading the jury. The government
and the defendant shall be permitted to rebut any information
received at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information to
establish the existence of any aggravating or mitigating
factor, and as to the appropriateness in the case of imposing a
sentence of death. The government shall open the argument. The
defendant shall be permitted to reply. The government shall
then be permitted to reply in rebuttal. The burden of
establishing the existence of any aggravating factor is on the
government, and is not satisfied unless the existence of such a
factor is established beyond a reasonable doubt. The burden of
establishing the existence of any mitigating factor is on the
defendant, and is not satisfied unless the existence of such a
factor is established by a preponderance of the information.
``(d) Return of Special Findings.--The jury, or if there is
no jury, the court, shall consider all the information received
during the hearing. It shall return special findings
identifying any aggravating factor or factors set forth in
section 3592 found to exist and any other aggravating factor
for which notice has been provided under subsection (a) found
to exist. A finding with respect to a mitigating factor may be
made by 1 or more members of the jury, and any member of the
jury who finds the existence of a mitigating factor may
consider such factor established for purposes of this section
regardless of the number of jurors who concur that the factor
has been established. A finding with respect to any aggravating
factor must be unanimous. If no aggravating factor set forth in
section 3592 is found to exist, the court shall impose a
sentence other than death authorized by law.
``(e) Return of a Finding Concerning a Sentence of Death.--
If, in the case of--
``(1) an offense described in section 3591(a)(1),
an aggravating factor required to be considered under
section 3592(b) is found to exist;
``(2) an offense described in section 3591(a)(2),
an aggravating factor required to be considered under
section 3592(c) is found to exist; or
``(3) an offense described in section 3591(b), an
aggravating factor required to be considered under
section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors
found to exist to justify a sentence of death, or, in the
absence of a mitigating factor, whether the aggravating factor
or factors alone are sufficient to justify a sentence of death.
Based upon this consideration, the jury by unanimous vote, or
if there is no jury, the court, shall recommend whether the
defendant should be sentenced to death, to life imprisonment
without possibility of release or some other lesser sentence.
``(f) Special Precaution To Ensure Against
Discrimination.--In a hearing held before a jury, the court,
prior to the return of a finding under subsection (e), shall
instruct the jury that, in considering whether a sentence of
death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or
of any victim and that the jury is not to recommend a sentence
of death unless it has concluded that it would recommend a
sentence of death for the crime in question no matter what the
race, color, religious beliefs, national origin, or sex of the
defendant or of any victim may be. The jury, upon return of a
finding under subsection (e), shall also return to the court a
certificate, signed by each juror, that consideration of the
race, color, religious beliefs, national origin, or sex of the
defendant or any victim was not involved in reaching his or her
individual decision and that the individual juror would have
made the same recommendation regarding a sentence for the crime
in question no matter what the race, color, religious beliefs,
national origin, or sex of the defendant or any victim may be.
``Sec. 3594. Imposition of a sentence of death
``Upon a recommendation under section 3593(e) that the
defendant should be sentenced to death or life imprisonment
without possibility of release, the court shall sentence the
defendant accordingly. Otherwise, the court shall impose any
lesser sentence that is authorized by law. Notwithstanding any
other law, if the maximum term of imprisonment for the offense
is life imprisonment, the court may impose a sentence of life
imprisonment without possibility of release.
``Sec. 3595. Review of a sentence of death
``(a) Appeal.--In a case in which a sentence of death is
imposed, the sentence shall be subject to review by the court
of appeals upon appeal by the defendant. Notice of appeal must
be filed within the time specified for the filing of a notice
of appeal. An appeal under this section may be consolidated
with an appeal of the judgment of conviction and shall have
priority over all other cases.
``(b) Review.--The court of appeals shall review the entire
record in the case, including--
``(1) the evidence submitted during the trial;
``(2) the information submitted during the
sentencing hearing;
``(3) the procedures employed in the sentencing
hearing; and
``(4) the special findings returned under section
3593(d).
``(c) Decision and Disposition.--
``(1) The court of appeals shall address all
substantive and procedural issues raised on the appeal
of a sentence of death, and shall consider whether the
sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of
the existence of an aggravating factor required to be
considered under section 3592.
``(2) Whenever the court of appeals finds that--
``(A) the sentence of death was imposed
under the influence of passion, prejudice, or
any other arbitrary factor;
``(B) the admissible evidence and
information adduced does not support the
special finding of the existence of the
required aggravating factor; or
``(C) the proceedings involved any other
legal error requiring reversal of the sentence
that was properly preserved for appeal under
the rules of criminal procedure,
the court shall remand the case for reconsideration
under section 3593 or imposition of a sentence other
than death. The court of appeals shall not reverse or
vacate a sentence of death on account of any error
which can be harmless, including any erroneous special
finding of an aggravating factor, where the Government
establishes beyond a reasonable doubt that the error
was harmless.
``(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of a
sentence of death under this section.
``Sec. 3596. Implementation of a sentence of death
``(a) In General.--A person who has been sentenced to death
pursuant to this chapter shall be committed to the custody of
the Attorney General until exhaustion of the procedures for
appeal of the judgment of conviction and for review of the
sentence. When the sentence is to be implemented, the Attorney
General shall release the person sentenced to death to the
custody of a United States marshal, who shall supervise
implementation of the sentence in the manner prescribed by the
law of the State in which the sentence is imposed. If the law
of the State does not provide for implementation of a sentence
of death, the court shall designate another State, the law of
which does provide for the implementation of a sentence of
death, and the sentence shall be implemented in the latter
State in the manner prescribed by such law.
``(b) Pregnant Woman.--A sentence of death shall not be
carried out upon a woman while she is pregnant.
``(c) Mental Capacity.--A sentence of death shall not be
carried out upon a person who is mentally retarded. A sentence
of death shall not be carried out upon a person who, as a
result of mental disability, lacks the mental capacity to
understand the death penalty and why it was imposed on that
person.
``Sec. 3597. Use of State facilities
``(a) In General.--A United States marshal charged with
supervising the implementation of a sentence of death may use
appropriate State or local facilities for the purpose, may use
the services of an appropriate State or local official or of a
person such an official employs for the purpose, and shall pay
the costs thereof in an amount approved by the Attorney
General.
``(b) Excuse of an Employee on Moral or Religious
Grounds.--No employee of any State department of corrections,
the United States Department of Justice, the Federal Bureau of
Prisons, or the United States Marshals Service, and no employee
providing services to that department, bureau, or service under
contract shall be required, as a condition of that employment
or contractual obligation, to be in attendance at or to
participate in any prosecution or execution under this section
if such participation is contrary to the moral or religious
convictions of the employee. In this subsection, `participation
in executions' includes personal preparation of the condemned
individual and the apparatus used for execution and supervision
of the activities of other personnel in carrying out such
activities.
``Sec. 3598. Special provisions for Indian country
``Notwithstanding sections 1152 and 1153, no person subject
to the criminal jurisdiction of an Indian tribal government
shall be subject to a capital sentence under this chapter for
any offense the Federal jurisdiction for which is predicated
solely on Indian country (as defined in section 1151 of this
title) and which has occurred within the boundaries of Indian
country, unless the governing body of the tribe has elected
that this chapter have effect over land and persons subject to
its criminal jurisdiction.''.
(b) Technical Amendment.--The part analysis for part II of
title 18, United States Code, is amended by inserting after the
item relating to chapter 227 the following new item:
``228. Death sentence............................................3591''.
SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
(a) Conforming Changes in Title 18.--Title 18, United
States Code, is amended as follows:
(1) Aircraft and motor vehicles.--Section 34 of
title 18, United States Code, is amended by striking
the comma after ``imprisonment for life'', inserting a
period, and striking the remainder of the section.
(2) Espionage.--Section 794(a) of title 18, United
States Code, is amended by striking the period at the
end of the section and inserting ``, except that the
sentence of death shall not be imposed unless the jury
or, if there is no jury, the court, further finds that
the offense resulted in the identification by a foreign
power (as defined in section 101(a) of the Foreign
Intelligence Surveillance Act of 1978) of an individual
acting as an agent of the United States and
consequently in the death of that individual, or
directly concerned nuclear weaponry, military
spacecraft or satellites, early warning systems, or
other means of defense or retaliation against large-
scale attack; war plans; communications intelligence or
cryptographic information; or any other major weapons
system or major element of defense strategy.''.
(3) Explosive materials.--(A) Section 844(d) of
title 18, United States Code, is amended by striking
``as provided in section 34 of this title''.
(B) Section 844(f) of title 18, United States Code,
is amended by striking ``as provided in section 34 of
this title''.
(C) Section 844(i) of title 18, United States Code,
is amended by striking ``as provided in section 34 of
this title''.
(4) Murder.--The second undesignated paragraph of
section 1111(b) of title 18, United States Code, is
amended to read as follows:
``Whoever is guilty of murder in the first degree
shall be punished by death or by imprisonment for
life;''.
(5) Killing of foreign official.--Section 1116(a)
of title 18, United States Code, is amended by striking
``any such person who is found guilty of murder in the
first degree shall be sentenced to imprisonment for
life, and''.
(6) Kidnapping.--Section 1201(a) of title 18,
United States Code, is amended by inserting after ``or
for life'' the following: ``and, if the death of any
person results, shall be punished by death or life
imprisonment''.
(7) Nonmailable injurious articles.--The last
paragraph of section 1716 of title 18, United States
Code, is amended by striking the comma after
``imprisonment for life'' and inserting a period and
striking the remainder of the paragraph.
(8) Wrecking trains.--The second to the last
undesignated paragraph of section 1992 of title 18,
United States Code, is amended by striking the comma
after ``imprisonment for life'', inserting a period,
and striking the remainder of the section.
(9) Bank robbery.--Section 2113(e) of title 18,
United States Code, is amended by striking ``or
punished by death if the verdict of the jury shall so
direct'' and inserting ``or if death results shall be
punished by death or life imprisonment''.
(10) Hostage taking.--Section 1203(a) of title 18,
United States Code, is amended by inserting after ``or
for life'' the following: ``and, if the death of any
person results, shall be punished by death or life
imprisonment''.
(11) Murder for hire.--Section 1958 of title 18,
United States Code, is amended by striking ``and if
death results, shall be subject to imprisonment for any
term of years or for life, or shall be fined not more
than $50,000, or both'' and inserting ``and if death
results, shall be punished by death or life
imprisonment, or shall be fined not more than $250,000,
or both''.
(12) Racketeering.--Section 1959(a)(1) of title 18,
United States Code, is amended to read as follows:
``(1) for murder, by death or life imprisonment, or
a fine of not more than $250,000, or both; and for
kidnapping, by imprisonment for any term of years or
for life, or a fine of not more than $250,000, or
both;''.
(13) Genocide.--Section 1091(b)(1) of title 18,
United States Code, is amended by striking ``a fine of
not more than $1,000,000 or imprisonment for life,''
and inserting ``, where death results, by death or
imprisonment for life and a fine of not more than
$1,000,000, or both;''.
(14) Carjacking.--Section 2119(3) of title 18,
United States Code, is amended by striking the period
after ``both'' and inserting ``, or sentenced to
death.''; and by striking ``, possessing a firearm as
defined in section 921 of this title,'' and inserting
``, with the intent to cause death or serious bodily
harm''.
(b) Conforming Amendment to Federal Aviation Act of 1954.--
Chapter 465 of title 49, United States Code, is amended--
(1) in the chapter analysis by striking ``Death
penalty sentencing procedure for aircraft piracy'' and
inserting ``Repealed''; and
(2) by striking section 46503.
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
Chapter 228 of title 18, United States Code, as added by
this title, shall not apply to prosecutions under the Uniform
Code of Military Justice (10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) In General.--Chapter 51 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1118. Murder by a Federal prisoner
``(a) Offense.--A person who, while confined in a Federal
correctional institution under a sentence for a term of life
imprisonment, commits the murder of another shall be punished
by death or by life imprisonment.
``(b) Definitions.--In this section--
```Federal correctional institution' means any
Federal prison, Federal correctional facility, Federal
community program center, or Federal halfway house.
```murder' means a first degree or second degree
murder (as defined in section 1111).
```term of life imprisonment' means a sentence for
the term of natural life, a sentence commuted to
natural life, an indeterminate term of a minimum of at
least fifteen years and a maximum of life, or an
unexecuted sentence of death.''.
(b) Technical Amendment.--The chapter analysis for chapter
51 of title 18, United States Code, is amended by adding at the
end the following new item:
``1118. Murder by a Federal prisoner.''.
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) Conspiracy Against Rights.--Section 241 of title 18,
United States Code, is amended by striking the period at the
end of the last sentence and inserting ``, or may be sentenced
to death.''.
(b) Deprivation of Rights Under Color of Law.--Section 242
of title 18, United States Code, is amended by striking the
period at the end of the last sentence and inserting ``, or may
be sentenced to death.''.
(c) Federally Protected Activities.--Section 245(b) of
title 18, United States Code, is amended in the matter
following paragraph (5) by inserting ``, or may be sentenced to
death'' after ``or for life''.
(d) Damage to Religious Property; Obstruction of the Free
Exercise of Religious Rights.--Section 247(c)(1) of title 18,
United States Code, is amended by inserting ``, or may be
sentenced to death'' after ``or both''.
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.
Section 1114 of title 18, United States Code, is amended by
striking ``punished as provided under sections 1111 and 1112 of
this title,'' and inserting ``punished, in the case of murder,
as provided under section 1111, or, in the case of
manslaughter, as provided under section 1112.''.
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO
FURTHER DRUG CONSPIRACIES.
(a) Short Title.--This section may be cited as the ``Drive-
By Shooting Prevention Act of 1994''.
(b) In General.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 36. Drive-by shooting
``(a) Definition.--In this section, `major drug offense'
means--
``(1) a continuing criminal enterprise punishable
under section 403(c) of the Controlled Substances Act
(21 U.S.C. 848(c));
``(2) a conspiracy to distribute controlled
substances punishable under section 406 of the
Controlled Substances Act (21 U.S.C. 846) section 1013
of the Controlled Substances Import and Export Control
Act (21 U.S.C. 963); or
``(3) an offense involving major quantities of
drugs and punishable under section 401(b)(1)(A) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or
section 1010(b)(1) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(1)).
``(b) Offense and Penalties.--(1) A person who, in
furtherance or to escape detection of a major drug offense and
with the intent to intimidate, harass, injure, or maim, fires a
weapon into a group of two or more persons and who, in the
course of such conduct, causes grave risk to any human life
shall be punished by a term of no more than 25 years, by fine
under this title, or both.
``(2) A person who, in furtherance or to escape detection
of a major drug offense and with the intent to intimidate,
harass, injure, or maim, fires a weapon into a group of 2 or
more persons and who, in the course of such conduct, kills any
person shall, if the killing--
``(A) is a first degree murder (as defined in
section 1111(a)), be punished by death or imprisonment
for any term of years or for life, fined under this
title, or both; or
``(B) is a murder other than a first degree murder
(as defined in section 1111(a)), be fined under this
title, imprisoned for any term of years or for life, or
both.''.
(c) Technical Amendment.--The chapter analysis for chapter
2 of title 18, United States Code, is amended by adding at the
end the following new item:
``36. Drive-by shooting.''.
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) In General.--Chapter 51 of title 18, United States
Code, as amended by section 60005(a), is amended by adding at
the end the following new section:
``Sec. 1119. Foreign murder of United States nationals
``(a) Definition.--In this section, `national of the United
States' has the meaning stated in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
``(b) Offense.--A person who, being a national of the
United States, kills or attempts to kill a national of the
United States while such national is outside the United States
but within the jurisdiction of another country shall be
punished as provided under sections 1111, 1112, and 1113.
``(c) Limitations on Prosecution.--(1) No prosecution may
be instituted against any person under this section except upon
the written approval of the Attorney General, the Deputy
Attorney General, or an Assistant Attorney General, which
function of approving prosecutions may not be delegated. No
prosecution shall be approved if prosecution has been
previously undertaken by a foreign country for the same
conduct.
``(2) No prosecution shall be approved under this section
unless the Attorney General, in consultation with the Secretary
of State, determines that the conduct took place in a country
in which the person is no longer present, and the country lacks
the ability to lawfully secure the person's return. A
determination by the Attorney General under this paragraph is
not subject to judicial review.''.
(b) Technical Amendments.--(1) Section 1117 of title 18,
United States Code, is amended by striking ``or 1116'' and
inserting ``1116, or 1119''.
(2) The chapter analysis for chapter 51 of title 18, United
States Code, as amended by section 60005(a), is amended by
adding at the end the following new item:
``1119. Foreign murder of United States nationals.''.
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
(a) Offense.--Chapter 109A of title 18, United States Code,
is amended--
(1) by redesignating section 2245 as section 2246;
and
(2) by inserting after section 2244 the following
new section:
``Sec. 2245. Sexual abuse resulting in death
``A person who, in the course of an offense under this
chapter, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term
of years or for life.''.
(b) Technical Amendments.--The chapter analysis for chapter
109A of title 18, United States Code, is amended by striking
the item for section 2245 and inserting the following:
``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is amended
by adding at the end the following: ``Whoever, in the course of
an offense under this section, engages in conduct that results
in the death of a person, shall be punished by death or
imprisoned for any term of years or for life.''.
SEC. 60012. MURDER BY ESCAPED PRISONERS.
(a) In General.--Chapter 51 of title 18, United States
Code, as amended by section 60009(a), is amended by adding at
the end the following new section:
``Sec. 1120. Murder by escaped prisoners
``(a) Definition.--In this section, `Federal prison' and
`term of life imprisonment' have the meanings stated in section
1118.
``(b) Offense and Penalty.--A person, having escaped from a
Federal prison where the person was confined under a sentence
for a term of life imprisonment, kills another shall be
punished as provided in sections 1111 and 1112.''.
(b) Technical Amendment.--The chapter analysis for chapter
51 of title 18, United States Code, as amended by section
60009(b)(2), is amended by adding at the end the following new
item:
``1120. Murder by escaped prisoners.''.
<greek-l> H4 deg.SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING
FEDERAL CRIMES OF VIOLENCE AND DRUG TRAFFICKING
CRIMES.
Section 924 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(i) A person who, in the course of a violation of
subsection (c), causes the death of a person through the use of
a firearm, shall--
``(1) if the killing is a murder (as defined in
section 1111), be punished by death or by imprisonment
for any term of years or for life; and
``(2) if the killing is manslaughter (as defined in
section 1112), be punished as provided in that
section.''.
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN
FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and
(f) as subsections (d), (e), (f), and (g),
respectively;
(2) in subsection (a) by striking ``(c)'' and
inserting ``(d)''; and
(3) by inserting after subsection (b) the following
new subsection:
``(c) A person who kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in the
course of an attack on a Federal facility involving the use of
a firearm or other dangerous weapon, shall be punished as
provided in sections 1111, 1112, and 1113.''.
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS
ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND
STATE CORRECTIONAL OFFICERS.
(a) In General.--Chapter 51 of title 18, United States
Code, as amended by section 60012(a), is amended by adding at
the end the following new section:
``Sec. 1121. Killing persons aiding Federal investigations or State
correctional officers
``(a) Whoever intentionally kills--
``(1) a State or local official, law enforcement
officer, or other officer or employee while working
with Federal law enforcement officials in furtherance
of a Federal criminal investigation--
``(A) while the victim is engaged in the
performance of official duties;
``(B) because of the performance of the
victim's official duties; or
``(C) because of the victim's status as a
public servant; or
``(2) any person assisting a Federal criminal
investigation, while that assistance is being rendered
and because of it,
shall be sentenced according to the terms of section 1111,
including by sentence of death or by imprisonment for life.
``(b)(1) Whoever, in a circumstance described in paragraph
(3) of this subsection, while incarcerated, intentionally kills
any State correctional officer engaged in, or on account of the
performance of such officer's official duties, shall be
sentenced to a term of imprisonment which shall not be less
than 20 years, and may be sentenced to life imprisonment or
death.
``(2) As used in this section, the term, `State
correctional officer' includes any officer or employee of any
prison, jail, or other detention facility, operated by, or
under contract to, either a State or local governmental agency,
whose job responsibilities include providing for the custody of
incarcerated individuals.
``(3) The circumstance referred to in paragraph (1) is
that--
``(A) the correctional officer is engaged in
transporting the incarcerated person interstate; or
``(B) the incarcerated person is incarcerated
pursuant to a conviction for an offense against the
United States.''.
(b) Technical Amendment.--The chapter analysis for chapter
51 of title 18, United States Code, as amended by section
60012(b), is amended by adding at the end the following new
item:
``1121. Killing persons aiding Federal investigations or State
correctional officers.''.
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) by striking ``fined not more than $5,000 or
imprisoned not more than five years, or both.'' and
inserting ``punished as provided in subsection (b).'';
(3) by adding at the end the following new
subsection:
``(b) The punishment for an offense under this section is--
``(1) in the case of a killing, the punishment
provided in sections 1111 and 1112;
``(2) in the case of an attempted killing, or a
case in which the offense was committed against a petit
juror and in which a class A or B felony was charged,
imprisonment for not more than 20 years, a fine under
this title, or both; and
``(3) in any other case, imprisonment for not more
than 10 years, a fine under this title, or both.''; and
(4) in subsection (a), as designated by paragraph
(1), by striking ``commissioner'' each place it appears
and inserting ``magistrate judge''.
SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS,
AND INFORMANTS.
Section 1513 of title 18, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively; and
(2) by inserting after the section heading the
following new subsection:
``(a)(1) Whoever kills or attempts to kill another person
with intent to retaliate against any person for--
``(A) the attendance of a witness or party at an
official proceeding, or any testimony given or any
record, document, or other object produced by a witness
in an official proceeding; or
``(B) providing to a law enforcement officer any
information relating to the commission or possible
commission of a Federal offense or a violation of
conditions of probation, parole, or release pending
judicial proceedings,
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under this subsection
is--
``(A) in the case of a killing, the punishment
provided in sections 1111 and 1112; and
``(B) in the case of an attempt, imprisonment for
not more than 20 years.''.
SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
Section 1512(a)(2)(A) of title 18, United States Code, is
amended to read as follows:
``(A) in the case of murder (as defined in
section 1111), the death penalty or
imprisonment for life, and in the case of any
other killing, the punishment provided in
section 1112;''.
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.
(a) In General.--Chapter 111 of title 18, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 2280. Violence against maritime navigation
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a
ship by force or threat thereof or any other
form of intimidation;
``(B) performs an act of violence against a
person on board a ship if that act is likely to
endanger the safe navigation of that ship;
``(C) destroys a ship or causes damage to a
ship or to its cargo which is likely to
endanger the safe navigation of that ship;
``(D) places or causes to be placed on a
ship, by any means whatsoever, a device or
substance which is likely to destroy that ship,
or cause damage to that ship or its cargo which
endangers or is likely to endanger the safe
navigation of that ship;
``(E) destroys or seriously damages
maritime navigational facilities or seriously
interferes with their operation, if such act is
likely to endanger the safe navigation of a
ship;
``(F) communicates information, knowing the
information to be false and under circumstances
in which such information may reasonably be
believed, thereby endangering the safe
navigation of a ship;
``(G) injures or kills any person in
connection with the commission or the attempted
commission of any of the offenses set forth in
subparagraphs (A) through (F); or
``(H) attempts to do any act prohibited
under subparagraphs (A) through (G),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if the death of any person
results from conduct prohibited by this paragraph,
shall be punished by death or imprisoned for any term
of years or for life.
``(2) Threat to navigation.--A person who threatens
to do any act prohibited under paragraph (1) (B), (C)
or (E), with apparent determination and will to carry
the threat into execution, if the threatened act is
likely to endanger the safe navigation of the ship in
question, shall be fined under this title, imprisoned
not more than 5 years, or both.
``(b) Jurisdiction.--There is jurisdiction over the
activity prohibited in subsection (a)--
``(1) in the case of a covered ship, if--
``(A) such activity is committed--
``(i) against or on board a ship
flying the flag of the United States at
the time the prohibited activity is
committed;
``(ii) in the United States and the
activity is not prohibited as a crime
by the State in which the activity
takes place; or
``(iii) the activity takes place on
a ship flying the flag of a foreign
country or outside the United States,
by a national of the United States or
by a stateless person whose habitual
residence is in the United States;
``(B) during the commission of such
activity, a national of the United States is
seized, threatened, injured or killed; or
``(C) the offender is later found in the
United States after such activity is committed;
``(2) in the case of a ship navigating or scheduled
to navigate solely within the territorial sea or
internal waters of a country other than the United
States, if the offender is later found in the United
States after such activity is committed; and
``(3) in the case of any vessel, if such activity
is committed in an attempt to compel the United States
to do or abstain from doing any act.
``(c) Bar To Prosecution.--It is a bar to Federal
prosecution under subsection (a) for conduct that occurred
within the United States that the conduct involved was during
or in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed. For purposes of this section, the term `labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
``(d) Delivery of Suspected Offender.--The master of a
covered ship flying the flag of the United States who has
reasonable grounds to believe that there is on board that ship
any person who has committed an offense under Article 3 of the
Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation may deliver such person to the
authorities of a State Party to that Convention. Before
delivering such person to the authorities of another country,
the master shall notify in an appropriate manner the Attorney
General of the United States of the alleged offense and await
instructions from the Attorney General as to what action to
take. When delivering the person to a country which is a State
Party to the Convention, the master shall, whenever
practicable, and if possible before entering the territorial
sea of such country, notify the authorities of such country of
the master's intention to deliver such person and the reasons
therefor. If the master delivers such person, the master shall
furnish to the authorities of such country the evidence in the
master's possession that pertains to the alleged offense.
``(e) Definitions.--In this section--
```covered ship' means a ship that is navigating or
is scheduled to navigate into, through or from waters
beyond the outer limit of the territorial sea of a
single country or a lateral limit of that country's
territorial sea with an adjacent country.
```national of the United States' has the meaning
stated in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
```territorial sea of the United States' means all
waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance
with international law.
```ship' means a vessel of any type whatsoever not
permanently attached to the sea-bed, including
dynamically supported craft, submersibles or any other
floating craft, but does not include a warship, a ship
owned or operated by a government when being used as a
naval auxiliary or for customs or police purposes, or a
ship which has been withdrawn from navigation or laid
up.
```United States', when used in a geographical
sense, includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands and all
territories and possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a
fixed platform by force or threat thereof or
any other form of intimidation;
``(B) performs an act of violence against a
person on board a fixed platform if that act is
likely to endanger its safety;
``(C) destroys a fixed platform or causes
damage to it which is likely to endanger its
safety;
``(D) places or causes to be placed on a
fixed platform, by any means whatsoever, a
device or substance which is likely to destroy
that fixed platform or likely to endanger its
safety;
``(E) injures or kills any person in
connection with the commission or the attempted
commission of any of the offenses set forth in
subparagraphs (A) through (D); or
``(F) attempts to do anything prohibited
under subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if death results to any
person from conduct prohibited by this paragraph, shall
be punished by death or imprisoned for any term of
years or for life.
``(2) Threat to safety.--A person who threatens to
do anything prohibited under paragraph (1) (B) or (C),
with apparent determination and will to carry the
threat into execution, if the threatened act is likely
to endanger the safety of the fixed platform, shall be
fined under this title, imprisoned not more than 5
years, or both.
``(b) Jurisdiction.--There is jurisdiction over the
activity prohibited in subsection (a) if--
``(1) such activity is committed against or on
board a fixed platform--
``(A) that is located on the continental
shelf of the United States;
``(B) that is located on the continental
shelf of another country, by a national of the
United States or by a stateless person whose
habitual residence is in the United States; or
``(C) in an attempt to compel the United
States to do or abstain from doing any act;
``(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
``(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the United
States and the offender is later found in the United
States.
``(c) Bar To Prosecution.--It is a bar to Federal
prosecution under subsection (a) for conduct that occurred
within the United States that the conduct involved was during
or in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed. For purposes of this section, the term `labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
``(d) Definitions.--In this section--
```continental shelf' means the sea-bed and subsoil
of the submarine areas that extend beyond a country's
territorial sea to the limits provided by customary
international law as reflected in Article 76 of the
1982 Convention on the Law of the Sea.
```fixed platform' means an artificial island,
installation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes.
```national of the United States' has the meaning
stated in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
```territorial sea of the United States' means all
waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance
with international law.
```United States', when used in a geographical
sense, includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands and all
territories and possessions of the United States.''.
(b) Technical Amendment.--The chapter analysis for chapter
111 of title 18, United States Code, is amended by adding at
the end the following new items:
``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.
(c) Effective Dates.--This section and the amendments made
by this section shall take effect on the later of--
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18,
United States Code, the date the Convention for the
Suppression of Unlawful Acts Against the Safety of
Maritime Navigation has come into force and the United
States has become a party to that Convention; and
(B) in the case of section 2281 of title 18, United
States Code, the date the Protocol for the Suppression
of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf has come into force
and the United States has become a party to that
Protocol.
SEC. 60020. TORTURE.
Section 2340A(a) of title 18, United States Code, is
amended by inserting ``punished by death or'' before
``imprisoned for any term of years or for life.''.
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
(a) Offense.--Chapter 2 of title 18, United States Code, as
amended by section 60008(b), is amended by adding at the end
the following new section:
``Sec. 37. Violence at international airports
``(a) Offense.--A person who unlawfully and intentionally,
using any device, substance, or weapon--
``(1) performs an act of violence against a person
at an airport serving international civil aviation that
causes or is likely to cause serious bodily injury (as
defined in section 1365 of this title) or death; or
``(2) destroys or seriously damages the facilities
of an airport serving international civil aviation or a
civil aircraft not in service located thereon or
disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at
that airport, or attempts to do such an act, shall be fined
under this title, imprisoned not more than 20 years, or both;
and if the death of any person results from conduct prohibited
by this subsection, shall be punished by death or imprisoned
for any term of years or for life.
``(b) Jurisdiction.--There is jurisdiction over the
prohibited activity in subsection (a) if--
``(1) the prohibited activity takes place in the
United States; or
``(2) the prohibited activity takes place outside
the United States and the offender is later found in
the United States.
``(c) It is a bar to Federal 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.
SEC. 60022. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is
amended to read as follows:
``(1) if the killing is murder (as defined in
section 1111(a)), be fined under this title, punished
by death or imprisonment for any term of years or for
life, or both;''.
SEC. 60023. WEAPONS OF MASS DESTRUCTION.
(a) Offense.--Chapter 113A of title 18, United States Code,
is amended by inserting after section 2332 the following new
section:
``Sec. 2332a. Use of weapons of mass destruction
``(a) Offense.--A person who uses, or attempts or conspires
to use, a weapon of mass destruction--
``(1) against a national of the United States while
such national is outside of the United States;
``(2) against any person within the United States;
or
``(3) against any property that is owned, leased or
used by the United States or by any department or
agency of the United States, whether the property is
within or outside of the United States,
shall be imprisoned for any term of years or for life, and if
death results, shall be punished by death or imprisoned for any
term of years or for life.
``(b) Definitions.--For purposes of this section--
``(1) the term `national of the United States' has
the meaning given in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
and
``(2) the term `weapon of mass destruction' means--
``(A) any destructive device as defined in
section 921 of this title;
``(B) poison gas;
``(C) any weapon involving a disease
organism; or
``(D) any weapon that is designed to
release radiation or radioactivity at a level
dangerous to human life.''.
(b) Technical Amendment.--The chapter analysis for chapter
113A of title 18, United States Code, is amended by inserting
after the item relating to section 2332 the following:
``2332a. Use of weapons of mass destruction.''.
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
Section 274(a) of the Immigration and Nationality Act (8
U.S.C. 1324(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) Any person'' and
inserting ``(1)(A) Any person'';
(B) by striking ``(A) knowing'' and
inserting ``(i) knowing'';
(C) by striking ``(B) knowing'' and
inserting ``(ii) knowing'';
(D) by striking ``(C) knowing'' and
inserting ``(iii) knowing'';
(E) by striking ``(D) encourages'' and
inserting ``(iv) encourages'';
(F) by striking ``shall be fined in
accordance with title 18, or imprisoned not
more than five years, or both, for each alien
in respect to whom any violation of this
paragraph occurs'' and inserting ``shall be
punished as provided in subparagraph (B)''; and
(G) by adding at the end the following new
subparagraph:
``(B) A person who violates subparagraph (A) shall, for
each alien in respect to whom such a violation occurs--
``(i) in the case of a violation of subparagraph
(A)(i), be fined under title 18, United States Code,
imprisoned not more than 10 years, or both;
``(ii) in the case of a violation of subparagraph
(A) (ii), (iii), or (iv), be fined under title 18,
United States Code, imprisoned not more than 5 years,
or both;
``(iii) in the case of a violation of subparagraph
(A) (i), (ii), (iii), or (iv) during and in relation to
which the person causes serious bodily injury (as
defined in section 1365 of title 18, United States
Code) to, or places in jeopardy the life of, any
person, be fined under title 18, United States Code,
imprisoned not more than 20 years, or both; and
``(iv) in the case of a violation of subparagraph
(A) (i), (ii), (iii), or (iv) resulting in the death of
any person, be punished by death or imprisoned for any
term of years or for life, fined under title 18, United
States Code, or both.''; and
(2) in paragraph (2) by striking ``or imprisoned
not more than five years, or both'' and inserting ``or
in the case of a violation of subparagraph (B)(ii),
imprisoned not more than 10 years, or both; or in the
case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both.''.
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
Section 3432 of title 18, United States Code, is amended by
inserting before the period the following: ``, except that such
list of the veniremen and witnesses need not be furnished if
the court finds by a preponderance of the evidence that
providing the list may jeopardize the life or safety of any
person''.
SEC. 60026. APPOINTMENT OF COUNSEL.
Section 3005 of title 18, United States Code, is amended by
striking ``learned in the law'' and all that follows through
``He shall'' and inserting ``; and the court before which the
defendant is to be tried, or a judge thereof, shall promptly,
upon the defendant's request, assign 2 such counsel, of whom at
least 1 shall be learned in the law applicable to capital
cases, and who shall have free access to the accused at all
reasonable hours. In assigning counsel under this section, the
court shall consider the recommendation of the Federal Public
Defender organization, or, if no such organization exists in
the district, of the Administrative Office of the United States
Courts. The defendant shall''.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF
CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``An'' and
inserting ``Except as provided in subsection (c), an''
in lieu thereof; and
(2) by adding the following new subsection at the
end:
``(c) Imprisonment of Certain Violent Felons.--
``(1) Mandatory life imprisonment.--Notwithstanding
any other provision of law, a person who is convicted
in a court of the United States of a serious violent
felony shall be sentenced to life imprisonment if--
``(A) the person has been convicted (and
those convictions have become final) on
separate prior occasions in a court of the
United States or of a State of--
``(i) 2 or more serious violent
felonies; or
``(ii) one or more serious violent
felonies and one or more serious drug
offenses; and
``(B) each serious violent felony or
serious drug offense used as a basis for
sentencing under this subsection, other than
the first, was committed after the defendant's
conviction of the preceding serious violent
felony or serious drug offense.
``(2) Definitions.--For purposes of this
subsection--
``(A) the term `assault with intent to
commit rape' means an offense that has as its
elements engaging in physical contact with
another person or using or brandishing a weapon
against another person with intent to commit
aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242);
``(B) the term `arson' means an offense
that has as its elements maliciously damaging
or destroying any building, inhabited
structure, vehicle, vessel, or real property by
means of fire or an explosive;
``(C) the term `extortion' means an offense
that has as its elements the extraction of
anything of value from another person by
threatening or placing that person in fear of
injury to any person or kidnapping of any
person;
``(D) the term `firearms use' means an
offense that has as its elements those
described in section 924(c) or 929(a), if the
firearm was brandished, discharged, or
otherwise used as a weapon and the crime of
violence or drug trafficking crime during and
relation to which the firearm was used was
subject to prosecution in a court of the United
States or a court of a State, or both;
``(E) the term `kidnapping' means an
offense that has as its elements the abduction,
restraining, confining, or carrying away of
another person by force or threat of force;
``(F) the term `serious violent felony'
means--
``(i) a Federal or State offense,
by whatever designation and wherever
committed, consisting of murder (as
described in section 1111);
manslaughter other than involuntary
manslaughter (as described in section
1112); assault with intent to commit
murder (as described in section
113(a)); assault with intent to commit
rape; aggravated sexual abuse and
sexual abuse (as described in sections
2241 and 2242); abusive sexual contact
(as described in sections 2244 (a)(1)
and (a)(2)); kidnapping; aircraft
piracy (as described in section 46502
of Title 49); robbery (as described in
section 2111, 2113, or 2118);
carjacking (as described in section
2119); extortion; arson; firearms use;
or attempt, conspiracy, or solicitation
to commit any of the above offenses;
and
``(ii) any other offense punishable
by a maximum term of imprisonment of 10
years or more that has as an element
the use, attempted use, or threatened
use of physical force against the
person of another or that, by its
nature, involves a substantial risk
that physical force against the person
of another may be used in the course of
committing the offense;
``(G) the term `State' means a State of the
United States, the District of Columbia, and a
commonwealth, territory, or possession of the
United States; and
``(H) the term `serious drug offense'
means--
``(i) an offense that is punishable
under section 401(b)(1)(A) or 408 of
the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section
1010(b)(1)(A) of the Controlled
Substances Import and Export Act (21
U.S.C. 960(b)(1)(A)); or
``(ii) an offense under State law
that, had the offense been prosecuted
in a court of the United States, would
have been punishable under section
401(b)(1)(A) or 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A),
848) or section 1010(b)(1)(A) of the
Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(1)(A)).
``(3) Nonqualifying felonies.--
``(A) Robbery in certain cases.--Robbery,
an attempt, conspiracy, or solicitation to
commit robbery; or an offense described in
paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the
defendant establishes by clear and convincing
evidence that--
``(i) no firearm or other dangerous
weapon was used in the offense and no
threat of use of a firearm or other
dangerous weapon was involved in the
offense; and
``(ii) the offense did not result
in death or serious bodily injury (as
defined in section 1365) to any person.
``(B) Arson in certain cases.--Arson shall
not serve as a basis for sentencing under this
subsection if the defendant establishes by
clear and convincing evidence that--
``(i) the offense posed no threat
to human life; and
``(ii) the defendant reasonably
believed the offense posed no threat to
human life.
``(4) Information filed by united states
attorney.--The provisions of section 411(a) of the
Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this
subsection.
``(5) Rule of construction.--This subsection shall
not be construed to preclude imposition of the death
penalty.
``(6) Special provision for indian country.--No
person subject to the criminal jurisdiction of an
Indian tribal government shall be subject to this
subsection for any offense for which Federal
jurisdiction is solely predicated on Indian country (as
defined in section 1151) and which occurs within the
boundaries of such Indian country unless the governing
body of the tribe has elected that this subsection have
effect over land and persons subject to the criminal
jurisdiction of the tribe.
``(7) Resentencing upon overturning of prior
conviction.--If the conviction for a serious violent
felony or serious drug offense that was a basis for
sentencing under this subsection is found, pursuant to
any appropriate State or Federal procedure, to be
unconstitutional or is vitiated on the explicit basis
of innocence, or if the convicted person is pardoned on
the explicit basis of innocence, the person serving a
sentence imposed under this subsection shall be
resentenced to any sentence that was available at the
time of the original sentencing.''.
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is
amended--
(1) so that the margin of the matter starting with
``extraordinary'' and ending with ``reduction'' the
first place it appears is indented an additional two
ems;
(2) by inserting a one-em dash after ``that'' the
second place it appears;
(3) by inserting a semicolon after ``reduction''
the first place it appears;
(4) by indenting the first line of the matter
referred to in paragraph (1) and designating that
matter as clause (i); and
(5) by inserting after such matter the following:
``(ii) the defendant is at least 70
years of age, has served at least 30
years in prison, pursuant to a sentence
imposed under section 3559(c), for the
offense or offenses for which the
defendant is currently imprisoned, and
a determination has been made by the
Director of the Bureau of Prisons that
the defendant is not a danger to the
safety of any other person or the
community, as provided under section
3142(g);''.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN
CASES
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES
IN CERTAIN CASES.
(a) In General.--Section 3553 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Limitation on Applicability of Statutory Minimums in
Certain Cases.--Notwithstanding any other provision of law, in
the case of an offense under section 401, 404, or 406 of the
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section
1010 or 1013 of the Controlled Substances Import and Export Act
(21 U.S.C. 961, 963), the court shall impose a sentence
pursuant to guidelines promulgated by the United States
Sentencing Commission under section 994 of title 28 without
regard to any statutory minimum sentence, if the court finds at
sentencing, after the Government has been afforded the
opportunity to make a recommendation, that--
``(1) the defendant does not have more than 1
criminal history point, as determined under the
sentencing guidelines;
``(2) the defendant did not use violence or
credible threats of violence or possess a firearm or
other dangerous weapon (or induce another participant
to do so) in connection with the offense;
``(3) the offense did not result in death or
serious bodily injury to any person;
``(4) the defendant was not an organizer, leader,
manager, or supervisor of others in the offense, as
determined under the sentencing guidelines and was not
engaged in a continuing criminal enterprise, as defined
in 21 U.S.C. 848; and
``(5) not later than the time of the sentencing
hearing, the defendant has truthfully provided to the
Government all information and evidence the defendant
has concerning the offense or offenses that were part
of the same course of conduct or of a common scheme or
plan, but the fact that the defendant has no relevant
or useful other information to provide or that the
Government is already aware of the information shall
not preclude a determination by the court that the
defendant has complied with this requirement.
(b) Sentencing Commission Authority.--
(1) In general.--(A) The United States Sentencing
Commission (referred to in this subsection as the
``Commission''), under section 994(a)(1) and (p) of
title 28--
(i) shall promulgate guidelines, or
amendments to guidelines, to carry out the
purposes of this section and the amendment made
by this section; and
(ii) may promulgate policy statements, or
amendments to policy statements, to assist in
the application of this section and that
amendment.
(B) In the case of a defendant for whom the
statutorily required minimum sentence is 5 years, such
guidelines and amendments to guidelines issued under
subparagraph (A) shall call for a guideline range in
which the lowest term of imprisonment is at least 24
months.
(2) Procedures.--If the Commission determines that
it is necessary to do so in order that the amendments
made under paragraph (1) may take effect on the
effective date of the amendment made by subsection (a),
the Commission may promulgate the amendments made under
paragraph (1) in accordance with the procedures set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that section had not
expired.
(c) Effective Date and Application.--The amendment made by
subsection (a) shall apply to all sentences imposed on or after
the 10th day beginning after the date of enactment of this Act.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.
Section 1791 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting before ``Any''
the following new sentence: ``Any punishment imposed
under subsection (b) for a violation of this section
involving a controlled substance shall be consecutive
to any other sentence imposed by any court for an
offense involving such a controlled substance.'';
(2) in subsection (d)(1)(A), by inserting after ``a
firearm or destructive device'' the following: ``or a
controlled substance in schedule I or II, other than
marijuana or a controlled substance referred to in
subparagraph (C) of this subsection'';
(3) in subsection (d)(1)(B), by inserting before
``ammunition,'' the following: ``marijuana or a
controlled substance in schedule III, other than a
controlled substance referred to in subparagraph (C) of
this subsection,'';
(4) in subsection (d)(1)(C), by inserting
``methamphetamine, its salts, isomers, and salts of its
isomers,'' after ``a narcotic drug,'';
(5) in subsection (d)(1)(D), by inserting ``(A),
(B), or'' before ``(C)''; and
(6) in subsection (b), by striking ``(c)'' each
place it appears and inserting ``(d)''.
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN ``DRUG-FREE''
ZONES.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall amend its sentencing guidelines to provide an appropriate
enhancement for a defendant convicted of violating section 419
of the Controlled Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS
AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS.
(a) Declaration of Policy.--It is the policy of the Federal
Government that the use or distribution of illegal drugs in the
Nation's Federal prisons will not be tolerated and that such
crimes shall be prosecuted to the fullest extent of the law.
(b) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend its sentencing guidelines to
appropriately enhance the penalty for a person convicted of an
offense--
(1) under section 404 of the Controlled Substances
Act involving simple possession of a controlled
substance within a Federal prison or other Federal
detention facility; or
(2) under section 401(b) of the Controlled
Substances Act involving the smuggling of a controlled
substance into a Federal prison or other Federal
detention facility or the distribution or intended
distribution of a controlled substance within a Federal
prison or other Federal detention facility.
(c) No Probation.--Notwithstanding any other law, the court
shall not sentence a person convicted of an offense described
in subsection (b) to probation.
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER
RICO.
Section 1961(1) of title 18, United States Code, is amended
by striking ``narcotic or other dangerous drugs'' each place it
appears and inserting ``a controlled substance or listed
chemical (as defined in section 102 of the Controlled
Substances Act)''.
SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF
THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.
(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and
sections 1010(b) (1), (2), and (3) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are
each amended in the sentence or sentences beginning ``If any
person commits'' by striking ``one or more prior convictions''
through ``have become final'' and inserting ``a prior
conviction for a felony drug offense has become final''.
(b) Section 1012(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 962(b)) is amended by striking ``one or
more prior convictions of him for a felony under any provision
of this title or title II or other law of a State, the United
States, or a foreign country relating to narcotic drugs,
marihuana, or depressant or stimulant drugs, have become
final'' and inserting ``one or more prior convictions of such
person for a felony drug offense have become final''.
(c) Section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) is amended by striking the sentence
beginning ``For purposes of this subparagraph, the term `felony
drug offense' means''.
(d) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended by adding at the end the following new
paragraph:
``(43) The term `felony drug offense' means an offense that
is punishable by imprisonment for more than one year under any
law of the United States or of a State or foreign country that
prohibits or restricts conduct relating to narcotic drugs,
marihuana, or depressant or stimulant substances.''.
SEC. 90106. ADVERTISING.
Section 403 of the Controlled Substances Act (21 U.S.C.
843) is amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) It shall be unlawful for any person to place in any
newspaper, magazine, handbill, or other publications, any
written advertisement knowing that it has the purpose of
seeking or offering illegally to receive, buy, or distribute a
Schedule I controlled substance. As used in this section the
term `advertisement' includes, in addition to its ordinary
meaning, such advertisements as those for a catalog of Schedule
I controlled substances and any similar written advertisement
that has the purpose of seeking or offering illegally to
receive, buy, or distribute a Schedule I controlled substance.
The term `advertisement' does not include material which merely
advocates the use of a similar material, which advocates a
position or practice, and does not attempt to propose or
facilitate an actual transaction in a Schedule I controlled
substance.''.
SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
(a) Definitions.--In this section--
``major violent crime or drug-related emergency''
means an occasion or instance in which violent crime,
drug smuggling, drug trafficking, or drug abuse
violence reaches such levels, as determined by the
President, that Federal assistance is needed to
supplement State and local efforts and capabilities to
save lives, and to protect property and public health
and safety.
``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
(b) Declaration of Violent Crime and Drug Emergency
Areas.--If a major violent crime or drug-related emergency
exists throughout a State or a part of a State, the President
may declare the State or part of a State to be a violent crime
or drug emergency area and may take appropriate actions
authorized by this section.
(c) Procedure.--
(1) In general.--A request for a declaration
designating an area to be a violent crime or drug
emergency area shall be made, in writing, by the chief
executive officer of a State or local government,
respectively (or in the case of the District of
Columbia, the mayor), and shall be forwarded to the
Attorney General in such form as the Attorney General
may by regulation require. One or more cities,
counties, States, or the District of Columbia may
submit a joint request for designation as a major
violent crime or drug emergency area under this
subsection.
(2) Finding.--A request made under paragraph (1)
shall be based on a written finding that the major
violent crime or drug-related emergency is of such
severity and magnitude that Federal assistance is
necessary to ensure an effective response to save lives
and to protect property and public health and safety.
(d) Irrelevancy of Population density.--The President shall
not limit declarations made under this section to highly
populated centers of violent crime or drug trafficking, drug
smuggling, or drug use, but shall also consider applications
from governments of less populated areas where the magnitude
and severity of such activities is beyond the capability of the
State or local government to respond.
(e) Requirements.--As part of a request for a declaration
under this section, and as a prerequisite to Federal violent
crime or drug emergency assistance under this section, the
chief executive officer of a State or local government shall--
(1) take appropriate action under State or local
law and furnish information on the nature and amount of
State and local resources that have been or will be
committed to alleviating the major violent crime- or
drug-related emergency;
(2) submit a detailed plan outlining that
government's short- and long-term plans to respond to
the violent crime or drug emergency, specifying the
types and levels of Federal assistance requested and
including explicit goals (including quantitative goals)
and timetables; and
(3) specify how Federal assistance provided under
this section is intended to achieve those goals.
(f) Review Period.--The Attorney General shall review a
request submitted pursuant to this section, and the President
shall decide whether to declare a violent crime or drug
emergency area, within 30 days after receiving the request.
(g) Federal Assistance.--The President may--
(1) direct any Federal agency, with or without
reimbursement, to utilize its authorities and the
resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, financial
assistance, and managerial, technical, and advisory
services) in support of State and local assistance
efforts; and
(2) provide technical and advisory assistance,
including communications support and law enforcement-
related intelligence information.
(h) Duration of Federal Assistance.--
(1) In general.--Federal assistance under this
section shall not be provided to a violent crime or
drug emergency area for more than 1 year.
(2) Extension.--The chief executive officer of a
jurisdiction may apply to the President for an
extension of assistance beyond 1 year. The President
may extend the provision of Federal assistance for not
more than an additional 180 days.
(i) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Attorney General shall issue
regulations to implement this section.
(j) No Effect on Existing Authority.--Nothing in this
section shall diminish or detract from existing authority
possessed by the President or Attorney General.
Subtitle B--National Narcotics Leadership Act Amendments
SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.
(a) Program Budget.--Section 1003(c) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is
amended--
(1) by redesignating paragraphs (5), (6), and (7),
as paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following
new paragraph:
``(5) The Director shall request the head of a department
or agency to include in the department's or agency's budget
submission to the Office of Management and Budget funding
requests for specific initiatives that are consistent with the
President's priorities for the National Drug Control Strategy
and certifications made pursuant to paragraph (3), and the head
of the department or agency shall comply with such a
request.''.
(b) Budget Recommendation.--Section 1003(b) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is
amended--
(1) by striking ``and'' at the end of paragraph
(6);
(2) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(8) provide, by July 1 of each year, budget
recommendations to the heads of departments and
agencies with responsibilities under the National Drug
Control Program, which recommendations shall apply to
the second following fiscal year and address funding
priorities developed in the annual National Drug
Control Strategy.''.
(c) Control of Drug-Related Resources.--Section 1003 of the
National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is
amended--
(1) in subsection (d)--
(A) by amending paragraph (2) to read as
follows:
``(2) request the head of a department or agency or
program to place department, agency, or program
personnel who are engaged in drug control activities on
temporary detail to another department or agency in
order to implement the National Drug Control Strategy,
and the head of the department or agency shall comply
with such a request;
(B) by striking ``and'' at the end of
paragraph (6);
(C) by striking the period at the end of
paragraph (7) and inserting a semicolon; and
(D) by adding after paragraph (7) the
following new paragraphs:
``(8) except to the extent that the Director's
authority under this paragraph is limited in an annual
appropriations Act, transfer funds appropriated to a
National Drug Control Program agency account to a
different National Drug Control Program agency account
in an amount that does not exceed 2 percent of the
amount appropriated to either account, upon advance
approval of the Committees on Appropriations of each
House of Congress; and
``(9) in order to ensure compliance with the
National Drug Control Program, issue to the head of a
National Drug Control Program agency a funds control
notice described in subsection (f).''; and
(2) by adding at the end the following new
subsections:
``(f) Funds Control Notices.--(1) A funds control notice
may direct that all or part of an amount appropriated to the
National Drug Control Program agency account be obligated by--
``(A) months, fiscal year quarters, or other time
periods; and
``(B) activities, functions, projects, or object
classes.
``(2) An officer or employee of a National Drug Control
Program agency shall not make or authorize an expenditure or
obligation contrary to a funds control notice issued by the
Director.
``(3) In the case of a violation of paragraph (2) by an
officer or employee of a National Drug Control Program agency,
the head of the agency, upon the request of and in consultation
with the Director, may subject the officer or employee to
appropriate administrative discipline, including, when
circumstances warrant, suspension from duty without pay or
removal from office.''.
(d) Certification of Adequacy of Budget Request.--Section
1003(c)(3)(B) of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1502(c)(3)(B)) is amended--
(1) by inserting ``in whole or in part'' after
``adequacy of such request''; and
(2) by striking the semicolon at the end and
inserting ``and, with respect to a request that is not
certified as adequate to implement the objectives of
the National Drug Control Strategy, include in the
certification an initiative or funding level that would
make the request adequate;''.
SEC. 90202. OFFICE PERSONNEL RESTRICTION.
Section 1003 of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502) is amended by adding at the end the
following new subsection:
``(f) Prohibition on Political Campaigning.--A Federal
officer in the Office of National Drug Control Policy who is
appointed by the President, by and with the advice and consent
of the Senate, may not participate in Federal election campaign
activities, except that such an official is not prohibited by
this subsection from making contributions to individual
candidates.''.
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.
Section 1005(a) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1504(a)) is amended--
(1) in paragraph (2)(A) by inserting ``and the
consequences of drug abuse'' after ``drug abuse''; and
(2) by amending paragraph (4) to read as follows:
``(4) The Director shall include with each National
Drug Control Strategy an evaluation of the
effectiveness of Federal drug control during the
preceding year. The evaluation shall include an
assessment of Federal drug control efforts, including--
``(A) assessment of the reduction of drug
use, including estimates of drug prevalence and
frequency of use as measured by national,
State, and local surveys of illicit drug use
and by other special studies of--
``(i) high-risk populations,
including school dropouts, the homeless
and transient, arrestees, parolees, and
probationers, and juvenile delinquents;
and
``(ii) drug use in the workplace
and the productivity lost by such use;
``(B) assessment of the reduction of drug
availability, as measured by--
``(i) the quantities of cocaine,
heroin, and marijuana available for
consumption in the United States;
``(ii) the amount of cocaine and
heroin entering the United States;
``(iii) the number of hectares of
poppy and coca cultivated and
destroyed;
``(iv) the number of metric tons of
heroin and cocaine seized;
``(v) the number of cocaine
processing labs destroyed;
``(vi) changes in the price and
purity of heroin and cocaine;
``(vii) the amount and type of
controlled substances diverted from
legitimate retail and wholesale
sources; and
``(viii) the effectiveness of
Federal technology programs at
improving drug detection capabilities
at United States ports of entry;
``(C) assessment of the reduction of the
consequences of drug use and availability,
which shall include estimation of--
``(i) burdens drug users placed on
hospital emergency rooms in the United
States, such as the quantity of drug-
related services provided;
``(ii) the annual national health
care costs of drug use, including costs
associated with people becoming
infected with the human
immunodeficiency virus and other
communicable diseases as a result of
drug use;
``(iii) the extent of drug-related
crime and criminal activity; and
``(iv) the contribution of drugs to
the underground economy, as measured by
the retail value of drugs sold in the
United States; and
``(D) determination of the status of drug
treatment in the United States, by assessing--
``(i) public and private treatment
capacity within each State, including
information on the number of treatment
slots available in relation to the
number actually used, including data on
intravenous drug users and pregnant
women;
``(ii) the extent, within each
State, to which treatment is available,
on demand, to intravenous drug users
and pregnant women;
``(iii) the number of drug users
the Director estimates could benefit
from treatment; and
``(iv) the success of drug
treatment programs, including an
assessment of the effectiveness of the
mechanisms in place federally, and
within each State, to determine the
relative quality of substance abuse
treatment programs, the qualifications
of treatment personnel, and the
mechanism by which patients are
admitted to the most appropriate and
cost effective treatment setting.
``(5) The Director shall include with the National
Drug Control Strategy required to be submitted not
later than February 1, 1995, and with every second such
strategy submitted thereafter--
``(A) an assessment of the quality of
current drug use measurement instruments and
techniques to measure supply reduction and
demand reduction activities;
``(B) an assessment of the adequacy of the
coverage of existing national drug use
measurement instruments and techniques to
measure the casual drug user population and
groups at-risk for drug use;
``(C) an assessment of the actions the
Director shall take to correct any deficiencies
and limitations identified pursuant to
subparagraphs (A) and (B); and
``(D) identification of the specific
factors that restrict the availability of
treatment services to those seeking it and
proposed administrative or legislative remedies
to make treatment available to those
individuals.
``(6) Federal agencies responsible for the
collection or estimation of drug-related information
required by the Director shall cooperate with the
Director, to the fullest extent possible, to enable the
Director to satisfy the requirements of sections 4 and
5.
``(7) With each National Drug Control Strategy, the
Director shall report to the President and the Congress
on the Director's assessment of drug use and
availability in the United States, including an
estimate of the effectiveness of interdiction,
treatment, prevention, law enforcement, and
international programs under the National Drug Control
Strategy in effect in the preceding year in reducing
drug use and availability.''.
SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Drug Abuse Addiction and Rehabilitation Center.--
Section 1003A of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1502a(c)(1)) is amended--
(1) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E), respectively;
and
(2) by inserting after subparagraph (A) the
following:
``(B) in consultation with the National
Institute on Drug Abuse, and through
interagency agreements or grants, examine
addiction and rehabilitation research and the
application of technology to expanding the
effectiveness or availability of drug
treatment;''.
(b) Assistance From the Advanced Research Project Agency.--
Section 1003A of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1502a) is amended by adding at the end the
following:
``(f) Assistance and Support to Office of National Drug
Control Policy.--The Director of the Advanced Research Project
Agency shall, to the fullest extent possible, render assistance
and support to the Office of National Drug Control Policy and
its Director.''.
(c) Repeal and Redesignation.--The National Narcotics
Leadership Act of 1988 is amended by--
(1) repealing section 1008 (21 U.S.C. 1505), as in
effect on the date of the enactment of this Act;
(2) redesignating section 1003A, as amended by
subsection (b) of this section, as section 1008; and
(3) moving such section, as redesignated, so as to
follow section 1007.
SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.
(a) Deposits Into Special Forfeiture Fund.--Section 6073 of
the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is
amended to read as follows:
``(b) Deposits.--There shall be deposited into the Fund the
amounts specified by section 524(c)(9) of title 28, United
States Code, and section 9307(g) of title 31, United States
Code, and any earnings on the investments authorized by
subsection (d).''.
(b) Transfers From Department of Justice Assets Forfeiture
Fund.--Section 524(c)(9) of title 28, United States Code, is
amended by amending subparagraphs (B), (C), and (D) to read as
follows:
``(B) Subject to subparagraphs (C) and (D),
at the end of each of fiscal years 1994, 1995,
1996, and 1997, the Attorney General shall
transfer from the Fund not more than
$100,000,000 to the Special Forfeiture Fund
established by section 6073 of the Anti-Drug
Abuse Act of 1988.
``(C) Transfers under subparagraph (B) may
be made only from the excess unobligated
balance and may not exceed one-half of the
excess unobligated balance for any year. In
addition, transfers under subparagraph (B) may
be made only to the extent that the sum of the
transfers in a fiscal year and one-half of the
unobligated balance at the beginning of that
fiscal year for the Special Forfeiture Fund
does not exceed $100,000,000.
``(D) For the purpose of determining
amounts available for distribution at year end
for any fiscal year, `excess unobligated
balance' means the unobligated balance of the
Fund generated by that fiscal year's
operations, less any amounts that are required
to be retained in the Fund to ensure the
availability of amounts in the subsequent
fiscal year for purposes authorized under
paragraph (1).''.
(c) Transfers From Department of the Treasury Forfeiture
Fund.-- Section 9703(g) of title 31, United States Code, is
amended--
(1) in paragraph (3)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Subject to subparagraphs (B) and (C),
at the end of each of fiscal years 1994, 1995,
1996, and 1997, the Secretary shall transfer
from the Fund not more than $100,000,000 to the
Special Forfeiture Fund established by section
6073 of the Anti-Drug Abuse Act of 1988.''; and
(B) in subparagraph (B) by adding the
following at the end: ``Further, transfers
under subparagraph (A) may not exceed one-half
of the excess unobligated balance for a year.
In addition, transfers under subparagraph (A)
may be made only to the extent that the sum of
the transfers in a fiscal year and one-half of
the unobligated balance at the beginning of
that fiscal year for the Special Forfeiture
Fund does not exceed $100,000,000.''; and
(2) in subparagraph (4)(A)--
(A) in clause (i) by striking ``(i)''; and
(B) by striking clause (ii).
(d) Surplus Funds.--Section 6073 of the Asset Forfeiture
Amendments Act of 1988 (21 U.S.C. 1509) is amended--
(1) by redesignating subsections (c), (d), (e), and
(f), as subsections (d), (e), (f), and (g),
respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Super Surplus.--(1) Any unobligated balance up to
$20,000,000 remaining in the Fund on September 30 of a fiscal
year shall be available to the Director, subject to paragraph
(2), to transfer to, and for obligation and expenditure in
connection with drug control activities of, any Federal agency
or State or local entity with responsibilities under the
National Drug Control Strategy.
``(2) A transfer may be made under paragraph (1) only with
the advance written approval of the Committees on
Appropriations of each House of Congress.''.
SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.
Section 1011 of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1508) is amended by striking ``4'' and
inserting ``8''.
SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG CONTROL
POLICY.
Section 1008(d)(1) of the National Narcotics Leadership Act
of 1988 (21 U.S.C. 1502(d)(1)) is amended by striking ``such''
and inserting ``up to 75 and such additional''.
SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Reauthorization.--Section 1009 of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended by
striking ``the date which is 5 years after the date of the
enactment of this subtitle'' and inserting ``September 30,
1997''.
(b) Continued Effectiveness.--The National Narcotics
Leadership Act of 1988 (21 U.S.C. 1501 et seq.) shall be
considered not to have been repealed by operation of section
1009 of that Act, but shall remain in effect as if the
amendment made by subsection (a) had been included in that Act
on the date of its enactment.
TITLE X--DRUNK DRIVING PROVISIONS
SEC. 100001. SHORT TITLE.
This title may be cited as the ``Drunk Driving Child
Protection Act of 1994''.
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
Section 13(b) of title 18, United States Code, is amended--
(1) by striking ``For purposes'' and inserting
``(1) Subject to paragraph (2) and for purposes''; and
(2) by adding at the end the following new
paragraph:
``(2)(A) In addition to any term of imprisonment provided
for operating a motor vehicle under the influence of a drug or
alcohol imposed under the law of a State, territory,
possession, or district, the punishment for such an offense
under this section shall include an additional term of
imprisonment of not more than 1 year, or if serious bodily
injury of a minor is caused, not more than 5 years, or if death
of a minor is caused, not more than 10 years, and an additional
fine of not more than $1,000, or both, if--
``(i) a minor (other than the offender) was present
in the motor vehicle when the offense was committed;
and
``(ii) the law of the State, territory, possession,
or district in which the offense occurred does not
provide an additional term of imprisonment under the
circumstances described in clause (i).
``(B) For the purposes of subparagraph (A), the term
`minor' means a person less than 18 years of age.''.
SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751) is amended--
(1) by striking ``and'' at the end of paragraph
(20);
(2) by striking the period at the end of paragraph
(21) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(22) programs for the prosecution of driving
while intoxicated charges and the enforcement of other
laws relating to alcohol use and the operation of motor
vehicles.''.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
SEC. 110101. SHORT TITLE.
This subtitle may be cited as the ``Public Safety and
Recreational Firearms Use Protection Act''.
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF
CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction.--Section 922 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
``(2) Paragraph (1) shall not apply to the possession or
transfer of any semiautomatic assault weapon otherwise lawfully
possessed under Federal law on the date of the enactment of
this subsection.
``(3) Paragraph (1) shall not apply to--
``(A) any of the firearms, or replicas or
duplicates of the firearms, specified in Appendix A to
this section, as such firearms were manufactured on
October 1, 1993;
``(B) any firearm that--
``(i) is manually operated by bolt, pump,
lever, or slide action;
``(ii) has been rendered permanently
inoperable; or
``(iii) is an antique firearm;
``(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
``(D) any semiautomatic shotgun that cannot hold
more than 5 rounds of ammunition in a fixed or
detachable magazine.
The fact that a firearm is not listed in Appendix A shall not
be construed to mean that paragraph (1) applies to such
firearm. No firearm exempted by this subsection may be deleted
from Appendix A so long as this subsection is in effect.
``(4) Paragraph (1) shall not apply to--
``(A) the manufacture for, transfer to, or
possession by the United States or a department or
agency of the United States or a State or a department,
agency, or political subdivision of a State, or a
transfer to or possession by a law enforcement officer
employed by such an entity for purposes of law
enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of
the Atomic Energy Act of 1954 for purposes of
establishing and maintaining an on-site physical
protection system and security organization required by
Federal law, or possession by an employee or contractor
of such licensee on-site for such purposes or off-site
for purposes of licensee-authorized training or
transportation of nuclear materials;
``(C) the possession, by an individual who is
retired from service with a law enforcement agency and
is not otherwise prohibited from receiving a firearm,
of a semiautomatic assault weapon transferred to the
individual by the agency upon such retirement; or
``(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.''.
(b) Definition of Semiautomatic Assault Weapon.--Section
921(a) of title 18, United States Code, is amended by adding at
the end the following new paragraph:
``(30) The term `semiautomatic assault weapon' means--
``(A) any of the firearms, or copies or duplicates
of the firearms in any caliber, known as--
``(i) Norinco, Mitchell, and Poly
Technologies Avtomat Kalashnikovs (all models);
``(ii) Action Arms Israeli Military
Industries UZI and Galil;
``(iii) Beretta Ar70 (SC-70);
``(iv) Colt AR-15;
``(v) Fabrique National FN/FAL, FN/LAR, and
FNC;
``(vi) SWD M-10, M-11, M-11/9, and M-12;
``(vii) Steyr AUG;
``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-
22; and
``(ix) revolving cylinder shotguns, such as
(or similar to) the Street Sweeper and Striker
12;
``(B) a semiautomatic rifle that has an ability to
accept a detachable magazine and has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
``(iii) a bayonet mount;
``(iv) a flash suppressor or threaded
barrel designed to accommodate a flash
suppressor; and
``(v) a grenade launcher;
``(C) a semiautomatic pistol that has an ability to
accept a detachable magazine and has at least 2 of--
``(i) an ammunition magazine that attaches
to the pistol outside of the pistol grip;
``(ii) a threaded barrel capable of
accepting a barrel extender, flash suppressor,
forward handgrip, or silencer;
``(iii) a shroud that is attached to, or
partially or completely encircles, the barrel
and that permits the shooter to hold the
firearm with the nontrigger hand without being
burned;
``(iv) a manufactured weight of 50 ounces
or more when the pistol is unloaded; and
``(v) a semiautomatic version of an
automatic firearm; and
``(D) a semiautomatic shotgun that has at least 2
of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
``(iii) a fixed magazine capacity in excess
of 5 rounds; and
``(iv) an ability to accept a detachable
magazine.''.
(c) Penalties.--
(1) Violation of section 922(v).--Section
924(a)(1)(B) of such title is amended by striking ``or
(q) of section 922'' and inserting ``(r), or (v) of
section 922''.
(2) Use or possession during crime of violence or
drug trafficking crime.--Section 924(c)(1) of such
title is amended in the first sentence by inserting ``,
or semiautomatic assault weapon,'' after ``short-
barreled shotgun,''.
(d) Identification Markings for Semiautomatic Assault
Weapons.--Section 923(i) of such title is amended by adding at
the end the following: ``The serial number of any semiautomatic
assault weapon manufactured after the date of the enactment of
this sentence shall clearly show the date on which the weapon
was manufactured.''.
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States
Code, as amended by section 110102(a), is amended by adding at
the end the following new subsection:
``(w)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a large capacity
ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession or
transfer of any large capacity ammunition feeding device
otherwise lawfully possessed on or before the date of the
enactment of this subsection.
``(3) This subsection shall not apply to--
``(A) the manufacture for, transfer to, or
possession by the United States or a department or
agency of the United States or a State or a department,
agency, or political subdivision of a State, or a
transfer to or possession by a law enforcement officer
employed by such an entity for purposes of law
enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of
the Atomic Energy Act of 1954 for purposes of
establishing and maintaining an on-site physical
protection system and security organization required by
Federal law, or possession by an employee or contractor
of such licensee on-site for such purposes or off-site
for purposes of licensee-authorized training or
transportation of nuclear materials;
``(C) the possession, by an individual who is
retired from service with a law enforcement agency and
is not otherwise prohibited from receiving ammunition,
of a large capacity ammunition feeding device
transferred to the individual by the agency upon such
retirement; or
``(D) the manufacture, transfer, or possession of
any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized by
the Secretary.
``(4) If a person charged with violating paragraph (1)
asserts that paragraph (1) does not apply to such person
because of paragraph (2) or (3), the Government shall have the
burden of proof to show that such paragraph (1) applies to such
person. The lack of a serial number as described in section
923(i) of title 18, United States Code, shall be a presumption
that the large capacity ammunition feeding device is not
subject to the prohibition of possession in paragraph (1).''.
(b) Definition of Large Capacity Ammunition Feeding
Device.--Section 921(a) of title 18, United States Code, as
amended by section 110102(b), is amended by adding at the end
the following new paragraph:
``(31) The term `large capacity ammunition feeding
device'--
``(A) means a magazine, belt, drum, feed strip, or
similar device manufactured after the date of enactment
of the Violent Crime Control and Law Enforcement Act of
1994 that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition; but
``(B) does not include an attached tubular device
designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.''.
(c) Penalty.--Section 924(a)(1)(B) of title 18, United
States Code, as amended by section 110102(c)(1), is amended by
striking ``or (v)'' and inserting ``(v), or (w)''.
(d) Identification Markings for Large Capacity Ammunition
Feeding Devices.--Section 923(i) of title 18, United States
Code, as amended by section 110102(d) of this Act, is amended
by adding at the end the following: ``A large capacity
ammunition feeding device manufactured after the date of the
enactment of this sentence shall be identified by a serial
number that clearly shows that the device was manufactured or
imported after the effective date of this subsection, and such
other identification as the Secretary may by regulation
prescribe.''.
SEC. 110104. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and
study the effect of this subtitle and the amendments made by
this subtitle, and in particular shall determine their impact,
if any, on violent and drug trafficking crime. The study shall
be conducted over a period of 18 months, commencing 12 months
after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of
enactment of this Act, the Attorney General shall prepare and
submit to the Congress a report setting forth in detail the
findings and determinations made in the study under subsection
(a).
SEC. 110105. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle--
(1) shall take effect on the date of the enactment
of this Act; and
(2) are repealed effective as of the date that is
10 years after that date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by
adding at the end the following appendix:
``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 & Slide
Browning Model 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30" Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting 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 Shot
Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 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 Rifles
Beretta Express SSO O/U Double Rifles
Beretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 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--Autoloaders
AMT 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 & Rimfire
Anschutz 64-MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Intermediate Match
Anschutz 1911 Match Rifle
Anschutz 54.18MS REP Deluxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle
Anschutz 1910 Super Match 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 Actions
Browning 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/Unders
American 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 Sides
American 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.''.
Subtitle B--Youth Handgun Safety
SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION
BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR
AMMUNITION TO, A JUVENILE.
(a) Offense.--Section 922 of title 18, United States Code,
as amended by section 110103(a), is amended by adding at the
end the following new subsection:
``(x)(1) It shall be unlawful for a person to sell,
deliver, or otherwise transfer to a person who the transferor
knows or has reasonable cause to believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(2) It shall be unlawful for any person who is a juvenile
to knowingly possess--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun or
ammunition to a juvenile or to the possession or use of
a handgun or ammunition by a juvenile if the handgun
and ammunition are possessed and used by the juvenile--
``(i) in the course of employment, in the
course of ranching or farming related to
activities at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of the
property owner or lessee, is performing
activities related to the operation of the farm
or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
``(ii) with the prior written consent of
the juvenile's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
``(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and
in a locked container, directly from
the place at which such an activity
took place to the transferor; or
``(II) with respect to ranching or
farming activities as described in
clause (i), a juvenile may possess and
use a handgun or ammunition with the
prior written approval of the
juvenile's parent or legal guardian and
at the direction of an adult who is not
prohibited by Federal, State or local
law from possessing a firearm;
``(iii) the juvenile has the prior written
consent in the juvenile's possession at all
times when a handgun is in the possession of
the juvenile; and
``(iv) in accordance with State and local
law;
``(B) a juvenile who is a member of the Armed
Forces of the United States or the National Guard who
possesses or is armed with a handgun in the line of
duty;
``(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile;
or
``(D) the possession of a handgun or ammunition by
a juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an
invited guest.
``(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be
subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
``(5) For purposes of this subsection, the term `juvenile'
means a person who is less than 18 years of age.
``(6)(A) In a prosecution of a violation of this
subsection, the court shall require the presence of a juvenile
defendant's parent or legal guardian at all proceedings.
``(B) The court may use the contempt power to enforce
subparagraph (A).
``(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.''.
(b) Penalties.--Section 924(a) of title 18, United States
Code, is amended--
(1) in paragraph (1) by striking ``paragraph (2) or
(3) of''; and
(2) by adding at the end the following new
paragraph:
``(5)(A)(i) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except that a juvenile described in clause (ii) shall be
sentenced to probation on appropriate conditions and shall not
be incarcerated unless the juvenile fails to comply with a
condition of probation.
``(ii) A juvenile is described in this clause if--
``(I) the offense of which the juvenile is charged
is possession of a handgun or ammunition in violation
of section 922(x)(2); and
``(II) the juvenile has not been convicted in any
court of an offense (including an offense under section
922(x) or a similar State law, but not including any
other offense consisting of conduct that if engaged in
by an adult would not constitute an offense) or
adjudicated as a juvenile delinquent for conduct that
if engaged in by an adult would constitute an offense.
``(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or
discharge or otherwise use the handgun or ammunition in
the commission of a crime of violence, shall be fined
under this title, imprisoned not more than 10 years, or
both.''.
(c) Technical Amendment of Juvenile Delinquency Provisions
in Title 18, United States Code.--
(1) Section 5031.--Section 5031 of title 18, United
States Code, is amended by inserting ``or a violation
by such a person of section 922(x)'' before the period
at the end.
(2) Section 5032.--Section 5032 of title 18, United
States Code, is amended--
(A) in the first undesignated paragraph by
inserting ``or (x)'' after ``922(p)''; and
(B) in the fourth undesignated paragraph by
inserting ``or section 922(x) of this title,''
before ``criminal prosecution on the basis''.
(d) Technical Amendment of the Juvenile Justice and
Delinquency Prevention Act of 1974.--Section 223(a)(12)(A) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5633(a)(12)(A)) is amended by striking ``which do not
constitute violations of valid court orders'' and inserting
``(other than an offense that constitutes a violation of a
valid court order or a violation of section 922(x) of title 18,
United States Code, or a similar State law).''
(e) Model Law.--The Attorney General, acting through the
Director of the National Institute for Juvenile Justice and
Delinquency Prevention, shall--
(1) evaluate existing and proposed juvenile handgun
legislation in each State;
(2) develop model juvenile handgun legislation that
is constitutional and enforceable;
(3) prepare and disseminate to State authorities
the findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1995,
findings and recommendations concerning the need or
appropriateness of further action by the Federal
Government.
Subtitle C--Licensure
SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A
PHOTOGRAPH AND FINGERPRINTS.
(a) Firearms Licensure.--Section 923(a) of title 18, United
States Code, is amended in the second sentence by inserting
``and shall include a photograph and fingerprints of the
applicant'' before the period.
(b) Registration.--Section 5802 of the Internal Revenue
Code of 1986 is amended by inserting after the first sentence
the following: ``An individual required to register under this
section shall include a photograph and fingerprints of the
individual with the initial application.''.
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO
LICENSE.
Section 923(d)(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph
(D);
(2) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(F) the applicant certifies that--
``(i) the business to be conducted under
the license is not prohibited by State or local
law in the place where the licensed premise is
located;
``(ii)(I) within 30 days after the
application is approved the business will
comply with the requirements of State and local
law applicable to the conduct of the business;
and
``(II) the business will not be conducted
under the license until the requirements of
State and local law applicable to the business
have been met; and
``(iii) that the applicant has sent or
delivered a form to be prescribed by the
Secretary, to the chief law enforcement officer
of the locality in which the premises are
located, which indicates that the applicant
intends to apply for a Federal firearms
license.''.
SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is
amended by striking ``forty-five-day'' and inserting ``60-
day''.
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States Code,
is amended to read as follows:
``(ii) for ensuring compliance with
the record keeping requirements of this
chapter--
``(I) not more than once
during any 12-month period; or
``(II) at any time with
respect to records relating to
a firearm involved in a
criminal investigation that is
traced to the licensee.''.
SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Each licensee shall report the theft or loss
of a firearm from the licensee's inventory or
collection, within 48 hours after the theft or loss is
discovered, to the Secretary and to the appropriate
local authorities.''.
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended
by section 110405, is amended by adding at the end the
following new paragraph:
``(7) Each licensee shall respond immediately to,
and in no event later than 24 hours after the receipt
of, a request by the Secretary for information
contained in the records required to be kept by this
chapter as may be required for determining the
disposition of 1 or more firearms in the course of a
bona fide criminal investigation. The requested
information shall be provided orally or in writing, as
the Secretary may require. The Secretary shall
implement a system whereby the licensee can positively
identify and establish that an individual requesting
information via telephone is employed by and authorized
by the agency to request such information.''.
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.
Section 923 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(1) The Secretary of the Treasury shall notify
the chief law enforcement officer in the appropriate
State and local jurisdictions of the names and
addresses of all persons in the State to whom a
firearms license is issued.''.
Subtitle D--Domestic Violence
SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF
FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC
ABUSE.
(a) Intimate Partner Defined.--Section 921(a) of title 18,
United States Code, as amended by section 110103(b), is amended
by inserting at the end the following new paragraph:
``(32) The term `intimate partner' means, with respect to a
person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with the
person.''.
(b) Prohibition Against Disposal of Firearms.--Section
922(d) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph
(7) and inserting ``; or''; and
(3) by inserting after paragraph (7) the following
new paragraph:
``(8) is subject to a court order that restrains
such person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a
court order that--
``(A) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
``(B)(i) includes a finding that such
person represents a credible threat to the
physical safety of such intimate partner or
child; or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury.''.
(c) Prohibition Against Receipt of Firearms.--Section
922(g) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by inserting ``or'' at the end of paragraph
(7); and
(3) by inserting after paragraph (7) the following:
``(8) who is subject to a court order that--
``(A) was issued after a hearing of which
such person received actual notice, and at
which such person had an opportunity to
participate;
``(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner
or person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury to the partner or child;
and
``(C)(i) includes a finding that such
person represents a credible threat to the
physical Psafety of such intimate partner or
child; or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury,''.
(d) Storage of Firearms.--Section 926(a) of title 18,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph
(1);
(2) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) regulations providing for effective receipt
and secure storage of firearms relinquished by or
seized from persons described in subsection (d)(8) or
(g)(8) of section 922.''.
(e) Return of Firearms.--Section 924(d)(1) of title 18,
United States Code, is amended by striking ``the seized'' and
inserting ``or lapse of or court termination of the restraining
order to which he is subject, the seized or relinquished''.
Subtitle E--Gun Crime Penalties
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING
A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
(a) Amendment to Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code,
the United States Sentencing Commission shall amend its
sentencing guidelines to provide an appropriate enhancement of
the punishment for a crime of violence (as defined in section
924(c)(3) of title 18, United States Code) or a drug
trafficking crime (as defined in section 924(c)(2) of title 18,
United States Code) if a semiautomatic firearm is involved.
(b) Semiautomatic Firearm.--In subsection (a),
``semiautomatic firearm'' means any repeating firearm that
utilizes a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the next round and
that requires a separate pull of the trigger to fire each
cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE
TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall promulgate amendments to the sentencing guidelines to
appropriately enhance penalties in a case in which a defendant
convicted under section 844(h) of title 18, United States Code,
has previously been convicted under that section.
SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by
section 60013, is amended by adding at the end the following
new subsection:
``(j) A person who, with intent to engage in or to promote
conduct that--
``(1) is punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.);
``(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(3) constitutes a crime of violence (as defined
in subsection (c)(3),
smuggles or knowingly brings into the United States a firearm,
or attempts to do so, shall be imprisoned not more than 10
years, fined under this title, or both.''.
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
(a) Firearms.--Section 924 of title 18, United States Code,
as amended by section 110203(a), is amended by adding at the
end the following new subsection:
``(k) A person who steals any firearm which is moving as,
or is a part of, or which has moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years, fined
under this title, or both.''.
(b) Explosives.--Section 844 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(k) A person who steals any explosives materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned for not more
than 10 years, fined under this title, or both.''.
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (d) by striking ``possess illegal
controlled substances'' and inserting ``unlawfully
possess a controlled substance'';
(2) in subsection (e)--
(A) by striking ``person'' each place such
term appears in such subsection and inserting
``defendant''; and
(B) by amending paragraph (3) to read as
follows:
``(3) revoke a term of supervised release, and
require the defendant to serve in prison all or part of
the term of supervised release authorized by statute
for the offense that resulted in such term of
supervised release without credit for time previously
served on postrelease supervision, if the court,
pursuant to the Federal Rules of Criminal Procedure
applicable to revocation of probation or supervised
release, finds by a preponderance of the evidence that
the defendant violated a condition of supervised
release, except that a defendant whose term is revoked
under this paragraph may not be required to serve more
than 5 years in prison if the offense that resulted in
the term of supervised release is a class A felony,
more than 3 years in prison if such offense is a class
B felony, more than 2 years in prison if such offense
is a class C or D felony, or more than one year in any
other case; or''; and
(3) by striking subsection (g) and inserting the
following:
``(g) Mandatory Revocation for Possession of Controlled
Substance or Firearm or for Refusal To Comply With Drug
Testing.--If the defendant--
``(1) possesses a controlled substance in violation
of the condition set forth in subsection (d);
``(2) possesses a firearm, as such term is defined
in section 921 of this title, in violation of Federal
law, or otherwise violates a condition of supervised
release prohibiting the defendant from possessing a
firearm; or
``(3) refuses to comply with drug testing imposed
as a condition of supervised release;
the court shall revoke the term of supervised release and
require the defendant to serve a term of imprisonment not to
exceed the maximum term of imprisonment authorized under
subsection (e)(3).
``(h) Supervised Release Following Revocation.--When a term
of supervised release is revoked and the defendant is required
to serve a term of imprisonment that is less than the maximum
term of imprisonment authorized under subsection (e)(3), the
court may include a requirement that the defendant be placed on
a term of supervised release after imprisonment. The length of
such a term of supervised release shall not exceed the term of
supervised release authorized by statute for the offense that
resulted in the original term of supervised release, less any
term of imprisonment that was imposed upon revocation of
supervised release.
``(i) Delayed Revocation.--The power of the court to revoke
a term of supervised release for violation of a condition of
supervised release, and to order the defendant to serve a term
of imprisonment and, subject to the limitations in subsection
(h), a further term of supervised release, extends beyond the
expiration of the term of supervised release for any period
reasonably necessary for the adjudication of matters arising
before its expiration if, before its expiration, a warrant or
summons has been issued on the basis of an allegation of such a
violation.''.
SEC. 110506. REVOCATION OF PROBATION.
(a) In General.--Section 3565(a) of title 18, United States
Code, is amended--
(1) in paragraph (2) by striking ``impose any other
sentence that was available under subchapter A at the
time of the initial sentencing'' and inserting
``resentence the defendant under subchapter A''; and
(2) by striking the last sentence.
(b) Mandatory Revocation.--Section 3565(b) of title 18,
United States Code, is amended to read as follows:
``(b) Mandatory Revocation for Possession of Controlled
Substance or Firearm or Refusal To Comply With Drug Testing.--
If the defendant--
``(1) possesses a controlled substance in violation
of the condition set forth in section 3563(a)(3);
``(2) possesses a firearm, as such term is defined
in section 921 of this title, in violation of Federal
law, or otherwise violates a condition of probation
prohibiting the defendant from possessing a firearm; or
``(3) refuses to comply with drug testing, thereby
violating the condition imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and resentence
the defendant under subchapter A to a sentence that includes a
term of imprisonment.''.
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A
FIREARM FROM A LICENSED DEALER.
Section 924(a) of title 18, United States Code, is
amended--
(1) in subsection (a)(1)(B) by striking
``(a)(6),''; and
(2) in subsection (a)(2) by inserting ``(a)(6),''
after ``subsections''.
SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended
by inserting ``or possess'' after ``to receive''.
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new
paragraphs:
``(2) Notwithstanding paragraph (1), in the case of the
seizure of any explosive materials for any offense for which
the materials would be subject to forfeiture in which it would
be impracticable or unsafe to remove the materials to a place
of storage or would be unsafe to store them, the seizing
officer may destroy the explosive materials forthwith. Any
destruction under this paragraph shall be in the presence of at
least 1 credible witness. The seizing officer shall make a
report of the seizure and take samples as the Secretary may by
regulation prescribe.
``(3) Within 60 days after any destruction made pursuant to
paragraph (2), the owner of (including any person having an
interest in) the property so destroyed may make application to
the Secretary for reimbursement of the value of the property.
If the claimant establishes to the satisfaction of the
Secretary that--
``(A) the property has not been used or involved in
a violation of law; or
``(B) any unlawful involvement or use of the
property was without the claimant's knowledge, consent,
or willful blindness,
the Secretary shall make an allowance to the claimant not
exceeding the value of the property destroyed.''.
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
(a) Section 924(e)(1) of Title 18.--Section 924(e)(1) of
title 18, United States Code, is amended by striking ``, and
such person shall not be eligible for parole with respect to
the sentence imposed under this subsection''.
(b) Section 924(c)(1) of Title 18.--Section 924(c)(1) of
title 18, United States Code, is amended by striking ``No
person sentenced under this subsection shall be eligible for
parole during the term of imprisonment imposed under this
subsection.''.
SEC. 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.
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT
FELONS AND SERIOUS DRUG OFFENDERS.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall amend its sentencing guidelines to--
(1) appropriately enhance penalties in cases in
which a defendant convicted under section 922(g) of
title 18, United States Code, has 1 prior conviction by
any court referred to in section 922(g)(1) of title 18
for a violent felony (as defined in section
924(e)(2)(B) of that title) or a serious drug offense
(as defined in section 924(e)(2)(A) of that title); and
(2) appropriately enhance penalties in cases in
which such a defendant has 2 prior convictions for a
violent felony (as so defined) or a serious drug
offense (as so defined).
SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph
(7);
(2) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(9) for any person, other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector, who does not reside in any State to
receive any firearms unless such receipt is for lawful
sporting purposes.''.
SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) Firearms.--Section 924 of title 18, United States Code,
as amended by section 110504(a), is amended by adding at the
end the following new subsection:
``(l) A person who steals any firearm from a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(b) Explosives.--Section 844 of title 18, United States
Code, as amended by section 110204(b), is amended by adding at
the end the following new subsection:
``(l) A person who steals any explosive material from a
licensed importer, licensed manufacturer, or licensed dealer,
or from any permittee shall be fined under this title,
imprisoned not more than 10 years, or both.''.
SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended
by striking ``licensee'' and inserting ``person''.
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
Section 924 of title 18, United States Code, as amended by
section 110515(a), is amended by adding at the end the
following new subsection:
``(m) A person who, with the intent to engage in conduct
that constitutes a violation of section 922(a)(1)(A), travels
from any State or foreign country into any other State and
acquires, or attempts to acquire, a firearm in such other State
in furtherance of such purpose shall be imprisoned for not more
than 10 years.''.
SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) Firearms.--Section 924 of title 18, United States Code,
as amended by section 110517(a), is amended by adding at the
end the following new subsection:
``(n) A person who conspires to commit an offense under
subsection (c) shall be imprisoned for not more than 20 years,
fined under this title, or both; and if the firearm is a
machinegun or destructive device, or is equipped with a firearm
silencer or muffler, shall be imprisoned for any term of years
or life.''.
(b) Explosives.--Section 844 of title 18, United States
Code, as amended by section 110515(b), is amended by adding at
the end the following new subsection:
``(m) A person who conspires to commit an offense under
subsection (h) shall be imprisoned for any term of years not
exceeding 20, fined under this title, or both.
SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.
Section 921(a)(17) of title 18, United States Code, is
amended by revising subparagraph (B) and adding a new
subparagraph (C) to read as follows:
``(B) The term `armor piercing ammunition' means--
``(i) a projectile or projectile core which
may be used in a handgun and which is
constructed entirely (excluding the presence of
traces of other substances) from one or a
combination of tungsten alloys, steel, iron,
brass, bronze, beryllium copper, or depleted
uranium; or
``(ii) a full jacketed projectile larger
than .22 caliber designed and intended for use
in a handgun and whose jacket has a weight of
more than 25 percent of the total weight of the
projectile.
``(C) The term `armor piercing ammunition' does not
include shotgun shot required by Federal or State
environmental or game regulations for hunting purposes,
a frangible projectile designed for target shooting, a
projectile which the Secretary finds is primarily
intended to be used for sporting purposes, or any other
projectile or projectile core which the Secretary finds
is intended to be used for industrial purposes,
including a charge used in an oil and gas well
perforating device.''.
TITLE XII--TERRORISM
SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CERTAIN
TERRORISM OFFENSES.
(a) In General.--Chapter 213 of title 18, United States
Code, is amended by inserting after section 3285 the following
new section:
``Sec. 3286. Extension of statute of limitation for certain terrorism
offenses
``Notwithstanding section 3282, no person shall be
prosecuted, tried, or punished for any offense involving a
violation of section 32 (aircraft destruction), section 36
(airport violence), section 112 (assaults upon diplomats),
section 351 (crimes against Congressmen or Cabinet officers),
section 1116 (crimes against diplomats), section 1203 (hostage
taking), section 1361 (willful injury to government property),
section 1751 (crimes against the President), section 2280
(maritime violence), section 2281 (maritime platform violence),
section 2331 (terrorist acts abroad against United States
nationals), section 2339 (use of weapons of mass destruction),
or section 2340A (torture) of this title or section 46502,
46504, 46505, or 46506 of title 49, unless the indictment is
found or the information is instituted within 8 years after the
offense was committed.''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall not apply to any offense committed more
than 5 years prior to the date of enactment of this Act.
(c) Technical Amendment.--The chapter analysis for chapter
213 of title 18, United States Code, is amended by inserting
after the item relating to section 3285 the following new item:
``3286. Extension of statute of limitation for certain terrorism
offenses.''.
SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS
ON CERTAIN FOREIGN SHIPS.
Section 7 of title 18, United States Code (relating to the
special maritime and territorial jurisdiction of the United
States), is amended by inserting at the end thereof the
following new paragraph:
``(8) To the extent permitted by international law, any
foreign vessel during a voyage having a scheduled departure
from or arrival in the United States with respect to an offense
committed by or against a national of the United States.''.
SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
(a) In General.--Chapter 25 of title 18, United States
Code, is amended by adding before section 471 the following new
section:
``Sec. 470. Counterfeit acts committed outside the United States
``A person who, outside the United States, engages in the
act of--
``(1) making, dealing, or possessing any
counterfeit obligation or other security of the United
States; or
``(2) making, dealing, or possessing any plate,
stone, or other thing, or any part thereof, used to
counterfeit such obligation or security,
if such act would constitute a violation of section 471, 473,
or 474 if committed within the United States, shall be fined
under this title, imprisoned not more than 20 years, or
both.''.
(b) Technical Amendments.--
(1) Chapter analysis.--The chapter analysis for
chapter 25 of title 18, United States Code, is amended
by adding before section 471 the following new item:
``470. Counterfeit acts committed outside the United States.''.
(2) Part analysis.--The part analysis for part I of
title 18, United States Code, is amended by amending
the item for chapter 25 to read as follows:
``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:
``Sec. 2339A. Providing material support to terrorists
``(a) Definition.--In this section, `material support or
resources' means currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, but does not include
humanitarian assistance to persons not directly involved in
such violations.
``(b) Offense.--A person who, within the United States,
provides material support or resources or conceals or disguises
the nature, location, source, or ownership of material support
or resources, knowing or intending that they are to be used in
preparation for, or in carrying out, a violation of section 32,
36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751,
2280, 2281, 2331, or 2339 of this title or section 46502 of
title 49, or in preparation for or carrying out the concealment
of an escape from the commission of any such violation, shall
be fined under this title, imprisoned not more than 10 years,
or both.
``(c) Investigations.--
``(1) In general.--Within the United States, an
investigation may be initiated or continued under this
section only when facts reasonably indicate that--
``(A) in the case of an individual, the
individual knowingly or intentionally engages,
has engaged, or is about to engage in the
violation of this or any other Federal criminal
law; and
``(B) in the case of a group of
individuals, the group knowingly or
intentionally engages, has engaged, or is about
to engage in the violation of this or any other
Federal criminal law.
``(2) Activities protected by the first
amendment.--An investigation may not be initiated or
continued under this section based on activities
protected by the First Amendment to the Constitution,
including expressions of support or the provision of
financial support for the nonviolent political,
religious, philosophical, or ideological goals or
beliefs of any person or group.''.
(b) Technical Amendment.--The chapter analysis for chapter
113A of title 18, United States Code, is amended by adding the
following new item:
``2339A. Providing material support to terrorists.''.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR
REENTERING, AFTER FINAL ORDER OF DEPORTATION.
(a) Failure To Depart.--Section 242(e) of the Immigration
and Nationality Act (8 U.S.C. 1252(e)) is amended--
(1) by striking ``paragraph (2), (3), or (4) of''
the first time it appears; and
(2) by striking ``shall be imprisoned not more than
ten years'' and inserting ``shall be imprisoned not
more than four years, or shall be imprisoned not more
than ten years if the alien is a member of any of the
classes described in paragraph (1)(E), (2), (3), or (4)
of section 241(a).''.
(b) Reentry.--Section 276(b) of the Immigration and
Nationality Act (8 U.S.C. 1326(b)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``commission of''
the following: ``three or more misdemeanors
involving drugs, crimes against the person, or
both, or''; and
(B) by striking ``5'' and inserting ``10'';
(2) in paragraph (2), by striking ``15'' and
inserting ``20''; and
(3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation'
includes any agreement in which an alien stipulates to
deportation during a criminal trial under either Federal or
State law.''.
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation.--The Attorney General shall, under the
authority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal
alien tracking center.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $3,400,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,700,000 for fiscal year 1998;
(4) $3,800,000 for fiscal year 1999; and
(5) $3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND 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''.
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:
``Sec. 1547. Alternative imprisonment maximum for certain offenses
``Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an offense
under this chapter (other than an offense under section 1545)--
``(1) if committed to facilitate a drug trafficking
crime (as defined in 929(a)) is 15 years; and
``(2) if committed to facilitate an act of
international terrorism (as defined in section 2331) is
20 years.''.
(b) Technical Amendment.--The chapter analysis for chapter
75 of title 18, United States Code, is amended by adding at the
end the following new item:
``1547. Alternative imprisonment maximum for certain offenses.''.
SEC. 130010. ASYLUM.
(a) Findings.--The Senate finds that--
(1) in the last decade applications for asylum have
greatly exceeded the original 5,000 annual limit
provided in the Refugee Act of 1980, with more than
150,000 asylum applications filed in fiscal year 1993,
and the backlog of cases growing to 340,000;
(2) this flood of asylum claims has swamped the
system, creating delays in the processing of
applications of up to several years;
(3) the delay in processing asylum claims due to
the overwhelming numbers has contributed to numerous
problems, including--
(A) an abuse of the asylum laws by
fraudulent applicants whose primary interest is
obtaining work authority in the United States
while their claim languishes in the backlogged
asylum processing system;
(B) the growth of alien smuggling
operations, often involving organized crime;
(C) a drain on limited resources resulting
from the high cost of processing frivolous
asylum claims through our multilayered system;
and
(D) an erosion of public support for
asylum, which is a treaty obligation.
(4) asylum, a safe haven protection for aliens
abroad who cannot return home, has been perverted by
some aliens who use asylum claims to circumvent our
immigration and refugee laws and procedures; and
(5) a comprehensive revision of our asylum law and
procedures is required to address these problems.
(b) Policy.--It is the sense of the Senate that--
(1) asylum is a process intended to protect aliens
in the United States who cannot safely return home;
(2) persons outside their country of nationality
who have a well-founded fear of persecution if they
return should apply for refugee status at one of our
refugee processing offices abroad; and
(3) the immigration, refugee and asylum laws of the
United States should be reformed to provide--
(A) a procedure for the expeditious
exclusion of any asylum applicant who arrives
at a port-of-entry with fraudulent documents,
or no documents, and makes a noncredible claim
of asylum; and
(B) the immigration, refugee and asylum
laws of the United States should be reformed to
provide for a streamlined affirmative asylum
processing system for asylum applicants who
make their application after they have entered
the United States.
TITLE XIV--YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF
VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18,
United States Code, is amended by striking ``; however'' and
inserting ``. In the application of the preceding sentence, if
the crime of violence is an offense under section 113(a),
113(b), 113(c), 1111, 1113, or, if the juvenile possessed a
firearm during the offense, section 2111, 2113, 2241(a), or
2241(c), `thirteen' shall be substituted for `fifteen' and
`thirteenth' shall be substituted for `fifteenth'.
Notwithstanding sections 1152 and 1153, no person subject to
the criminal jurisdiction of an Indian tribal government shall
be subject to the preceding sentence for any offense the
Federal jurisdiction for which is predicated solely on Indian
country (as defined in section 1151), and which has occurred
within the boundaries of such Indian country, unless the
governing body of the tribe has elected that the preceding
sentence have effect over land and persons subject to its
criminal jurisdiction. However''.
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amended by
striking ``Any proceedings against a juvenile under this
chapter or as an adult shall not be commenced until'' and
inserting ``A juvenile shall not be transferred to adult
prosecution nor shall a hearing be held under section 5037
(disposition after a finding of juvenile delinquency) until''.
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
Section 5039 of title 18, United States Code, is amended by
inserting ``, whether pursuant to an adjudication of
delinquency or conviction for an offense,'' after ``committed''
the first place it appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by
section 100003, is amended--
(1) by striking ``and'' at the end of paragraph
(21);
(2) by striking the period at the end of paragraph
(22) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(23) programs that address the need for effective
bindover systems for the prosecution of violent 16- and
17-year-old juveniles in courts with jurisdiction over
adults for the crimes of--
``(A) murder in the first degree;
``(B) murder in the second degree;
``(C) attempted murder;
``(D) armed robbery when armed with a
firearm;
``(E) aggravated battery or assault when
armed with a firearm;
``(F) criminal sexual penetration when
armed with a firearm; and
``(G) drive-by shootings as described in
section 36 of title 18, United States Code.''.
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY
JUVENILES.
Section 5038 of title 18, United States Code, is amended
in subsection (f) by adding ``or whenever a juvenille has been
found guilty of committing an act after his 13th birthday which
if committed by an adult would be an offense described in the
second sentence of the fourth paragraph of section 5032 of this
title,'' after ``title 21,''.
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE
DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
Section 419 of the Controlled Substances Act (21 U.S.C.
860) is amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Notwithstanding any other law, any person at least 21
years of age who knowingly and intentionally--
``(1) employs, hires, uses, persuades, induces,
entices, or coerces a person under 18 years of age to
violate this section; or
``(2) employs, hires, uses, persuades, induces,
entices, or coerces a person under 18 years of age to
assist in avoiding detection or apprehension for any
offense under this section by any Federal, State, or
local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to
triple those authorized by section 401.''.
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING
VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT
KILLINGS.
(a) Travel Act Penalties.--Section 1952(a) of title 18,
United States Code, is amended by striking ``and thereafter
performs or attempts to perform any of the acts specified in
subparagraphs (1), (2), and (3), shall be fined not more than
$10,000 or imprisoned for not more than five years, or both.''
and inserting ``and thereafter performs or attempts to
perform--
``(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than 20
years, or both, and if death results shall be
imprisoned for any term of years or for life.''.
(b) Murder Conspiracy Penalties.--Section 1958(a) of title
18, United States Code, is amended by inserting ``or who
conspires to do so'' before ``shall be fined'' the first place
it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) Directive to Sentencing Commission.--(1) The United
States Sentencing Commission shall promulgate guidelines or
amend existing guidelines to provide that a defendant 21 years
of age or older who has been convicted of an offense shall
receive an appropriate sentence enhancement if the defendant
involved a minor in the commission of the offense.
(2) The Commission shall provide that the guideline
enhancement promulgated pursuant to paragraph (1) shall apply
for any offense in relation to which the defendant has
solicited, procured, recruited, counseled, encouraged, trained,
directed, commanded, intimidated, or otherwise used or
attempted to use any person less than 18 years of age with the
intent that the minor would commit a Federal offense.
(b) Relevant Considerations.--In implementing the directive
in subsection (a), the Sentencing Commission shall consider--
(1) the severity of the crime that the defendant
intended the minor to commit;
(2) the number of minors that the defendant used or
attempted to use in relation to the offense;
(3) the fact that involving a minor in a crime of
violence is frequently of even greater seriousness than
involving a minor in a drug trafficking offense, for
which the guidelines already provide a two-level
enhancement; and
(4) the possible relevance of the proximity in age
between the offender and the minor(s) involved in the
offense.
TITLE XV--CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 25 the following new
chapter:
``CHAPTER 26--CRIMINAL STREET GANGS
``Sec. 521. Criminal street gangs
``(a) Definitions.--
`` `conviction' includes a finding, under State or
Federal law, that a person has committed an act of
juvenile delinquency involving a violent or controlled
substances felony.
`` `criminal street gang' means an ongoing group,
club, organization, or association of 5 or more
persons--
``(A) that has as 1 of its primary purposes
the commission of 1 or more of the criminal
offenses described in subsection (c);
``(B) the members of which engage, or have
engaged within the past 5 years, in a
continuing series of offenses described in
subsection (c); and
``(C) the activities of which affect
interstate or foreign commerce.
``(b) Penalty.--The sentence of a person convicted of an
offense described in subsection (c) shall be increased by up to
10 years if the offense is committed under the circumstances
described in subsection (d).
``(c) Offenses.--The offenses described in this section
are--
``(1) a Federal felony involving a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the maximum
penalty is not less than 5 years;
``(2) a Federal felony crime of violence that has
as an element the use or attempted use of physical
force against the person of another; and
``(3) a conspiracy to commit an offense described
in paragraph (1) or (2).
``(d) Circumstances.--The circumstances described in this
section are that the offense described in subsection (c) was
committed by a person who--
``(1) participates in a criminal street gang with
knowledge that its members engage in or have engaged in
a continuing series of offenses described in subsection
(c);
``(2) intends to promote or further the felonious
activities of the criminal street gang or maintain or
increase his or her position in the gang; and
``(3) has been convicted within the past 5 years
for--
``(A) an offense described in subsection
(c);
``(B) a State offense--
``(i) involving a controlled
substance (as defined in section 102 of
the Controlled Substances Act (21
U.S.C. 802)) for which the maximum
penalty is not less than 5 years'
imprisonment; or
``(ii) that is a felony crime of
violence that has as an element the use
or attempted use of physical force
against the person of another;
``(C) any Federal or State felony offense
that by its nature involves a substantial risk
that physical force against the person of
another may be used in the course of committing
the offense; or
``(D) a conspiracy to commit an offense
described in subparagraph (A), (B), or (C).''.
(b) Technical Amendment.--The part analysis for part I of
title 18, United States Code, is amended by inserting after the
item relating to chapter 25 the following new item:
``26. Criminal street gangs.......................................521''.
SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph by striking
``922(p)'' and inserting ``924(b), (g), or (h)'';
(2) in the fourth undesignated paragraph by
inserting ``or in section 924(b), (g), or (h) of this
title,'' before ``criminal prosecution'' the first
place it appears; and
(3) in the fifth undesignated paragraph by adding
at the end the following: ``In considering the nature
of the offense, as required by this paragraph, the
court shall consider the extent to which the juvenile
played a leadership role in an organization, or
otherwise influenced other persons to take part in
criminal activities, involving the use or distribution
of controlled substances or firearms. Such a factor, if
found to exist, shall weigh in favor of a transfer to
adult status, but the absence of this factor shall not
preclude such a transfer.''.
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by
section 140004, is amended--
(1) by striking ``and'' at the end of paragraph
(22);
(2) by striking the period at the end of paragraph
(23) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(24) law enforcement and prevention programs
relating to gangs, or to youth who are involved or at
risk of involvement in gangs.''.
SEC. 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:
``Sec. 2258. Production of sexually explicit depictions of a minor for
importation into the United States
``(a) Use of Minor.--A person who, outside the United
States, employs, uses, persuades, induces, entices, or coerces
any minor to engage in, or who has a minor assist any other
person to engage in, or who transports any minor with the
intent that the minor engage in any sexually explicit conduct
for the purpose of producing any visual depiction of such
conduct, intending that the visual depiction will be imported
into the United States or into waters within 12 miles of the
coast of the United States, shall be punished as provided in
subsection (c).
``(b) Use of Visual Depiction.--A person who, outside the
United States, knowingly receives, transports, ships,
distributes, sells, or possesses with intent to transport,
ship, sell, or distribute any visual depiction of a minor
engaging in sexually explicit conduct (if the production of the
visual depiction involved the use of a minor engaging in
sexually explicit conduct), intending that the visual depiction
will be imported into the United States or into waters within a
distance of 12 miles of the coast of the United States, shall
be punished as provided in subsection (c).
``(c) Penalties.--A person who violates subsection (a) or
(b), or conspires or attempts to do so--
``(1) shall be fined under this title, imprisoned
not more than 10 years, or both; and
``(2) if the person has a prior conviction under
this chapter or chapter 109A, shall be fined under this
title, imprisoned not more than 20 years, or both.''.
(b) Technical Amendment.--
(1) Chapter analysis.--The chapter analysis for
chapter 110 of title 18, United States Code, is amended
by adding at the end the following new item:
``2258. Production of sexually explicit depictions of a minor for
importation into the United States.''.
(2) Fine provisions.--Section 2251(d) of title 18,
United States Code, is amended--
(A) by striking ``not more than $100,000,
or'' and inserting ``under this title,'';
(B) by striking ``not more than $200,000,
or'' and inserting ``under this title,''; and
(C) by striking ``not more than $250,000''
and inserting ``under this title''.
(c) Section 2251 Penalty Enhancement.--Section 2251(d) of
title 18, United States Code, is amended by striking ``this
section'' the second place it appears and inserting ``this
chapter or chapter 109A''.
(d) Section 2252 Penalty Enhancement.--Section 2252(b)(1)
of title 18, United States Code, is amended by striking ``this
section'' and inserting ``this chapter or chapter 109A''.
(e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b)
of title 18, United States Code, are each amended by inserting
``, or attempts or conspires to violate,'' after ``violates''
each place it appears.
(f) RICO Amendment.--Section 1961(l) of title 18, United
States Code, is amended by striking ``2251-2252'' and inserting
``2251, 2251A, 2252, and 2258''.
(g) Transportation of Minors.--Section 2423 of title 18,
United States Code, is amended--
(1) by striking ``(a) Whoever'' and inserting ``(a)
Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who''; and
(2) by adding at the end the following new
subsection:
``(b) Travel With Intent To Engage in Sexual Act With a
Juvenile.--A person who travels in interstate commerce, or
conspires to do so, or a United States citizen or an alien
admitted for permanent residence in the United States who
travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any sexual act (as defined in section
2245) with a person under 18 years of age that would be in
violation of chapter 109A if the sexual act occurred in the
special maritime and territorial jurisdiction of the United
States shall be fined under this title, imprisoned not more
than 10 years, or both.''.
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING
CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has
not yet done so should enact legislation prohibiting the
production, distribution, receipt, or simple possession of
materials depicting a person under 18 years of age engaging in
sexually explicit conduct (as defined in section 2256 of title
18, United States Code) and providing for a maximum
imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from,
such offenses.
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS
2252 AND 2256 OF TITLE 18, UNITED STATES CODE.
(a) Declaration.--The Congress declares that in enacting
sections 2252 and 2256 of title 18, United States Code, it was
and is the intent of Congress that--
(1) the scope of ``exhibition of the genitals or
pubic area'' in section 2256(2)(E), in the definition
of ``sexually explicit conduct'', is not limited to
nude exhibitions or exhibitions in which the outlines
of those areas were discernible through clothing; and
(2) the requirements in section 2252(a) (1)(A),
(2)(A), (3)(B)(i), and (4)(B)(i) that the production of
a visual depiction involve the use of a minor engaging
in ``sexually explicit conduct'' of the kind described
in section 2256(2)(E) are satisfied if a person
photographs a minor in such a way as to exhibit the
child in a lascivious manner.
(b) Sense of the Congress.--It is the sense of the Congress
that in filing its brief in United States v. Knox, No. 92-1183,
and thereby depriving the United States Supreme Court of the
adverseness necessary for full and fair presentation of the
issues arising in the case, the Department of Justice did not
accurately reflect the intent of Congress in arguing that ``the
videotapes in [the Knox case] constitute `lascivious
exhibition[s] of the genitals or pubic area' only if those body
parts are visible in the tapes and the minors posed or acted
lasciviously.''.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall
establish guidelines for State programs that require--
(A) a person who is convicted of a criminal
offense against a victim who is a minor or who
is convicted of a sexually violent offense to
register a current address with a designated
State law enforcement agency for the time
period specified in subparagraph (A) of
subsection (b)(6); and
(B) a person who is a sexually violent
predator to register a current address with a
designated State law enforcement agency unless
such requirement is terminated under
subparagraph (B) of subsection (b)(6).
(2) Court determination.--A determination that a
person is a sexually violent predator and a
determination that a person is no longer a sexually
violent predator shall be made by the sentencing court
after receiving a report by a State board composed of
experts in the field of the behavior and treatment of
sexual offenders.
(3) Definitions.--For purposes of this section:
(A) The term ``criminal offense against a
victim who is a minor'' means any criminal
offense that consists of--
(i) kidnapping of a minor, except
by a parent;
(ii) false imprisonment of a minor,
except by a parent;
(iii) criminal sexual conduct
toward a minor;
(iv) solicitation of a minor to
engage in sexual conduct;
(v) use of a minor in a sexual
performance;
(vi) solicitation of a minor to
practice prostitution;
(vii) any conduct that by its
nature is a sexual offense against a
minor; or
(viii) an attempt to commit an
offense described in any of clauses (i)
through (vii), if the State--
(I) makes such an attempt a
criminal offense; and
(II) chooses to include
such an offense in those which
are criminal offenses against a
victim who is a minor for the
purposes of this section.
For purposes of this subparagraph conduct which
is criminal only because of the age of the
victim shall not be considered a criminal
offense if the perpetrator is 18 years of age
or younger.
(B) The term ``sexually violent offense''
means any criminal offense that consists of
aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242 of title
18, United States Code, or as described in the
State criminal code) or an offense that has as
its elements engaging in physical contact with
another person with intent to commit aggravated
sexual abuse or sexual abuse (as described in
such sections of title 18, United States Code,
or as described in the State criminal code).
(C) The term ``sexually violent predator''
means a person who has been convicted of a
sexually violent offense and who suffers from a
mental abnormality or personality disorder that
makes the person likely to engage in predatory
sexually violent offenses.
(D) The term ``mental abnormality'' means a
congenital or acquired condition of a person
that affects the emotional or volitional
capacity of the person in a manner that
predisposes that person to the commission of
criminal sexual acts to a degree that makes the
person a menace to the health and safety of
other persons.
(E) The term ``predatory'' means an act
directed at a stranger, or a person with whom a
relationship has been established or promoted
for the primary purpose of victimization.
(b) Registration Requirement Upon Release, Parole,
Supervised Release, or Probation.--An approved State
registration program established under this section shall
contain the following elements:
(1) Duty of state prison official or court.--
(A) If a person who is required to register
under this section is released from prison, or
placed on parole, supervised release, or
probation, a State prison officer, or in the
case of probation, the court, shall--
(i) inform the person of the duty
to register and obtain the information
required for such registration;
(ii) inform the person that if the
person changes residence address, the
person shall give the new address to a
designated State law enforcement agency
in writing within 10 days;
(iii) inform the person that if the
person changes residence to another
State, the person shall register the
new address with the law enforcement
agency with whom the person last
registered, and the person is also
required to register with a designated
law enforcement agency in the new State
not later than 10 days after
establishing residence in the new
State, if the new State has a
registration requirement;
(iv) obtain fingerprints and a
photograph of the person if these have
not already been obtained in connection
with the offense that triggers
registration; and
(v) require the person to read and
sign a form stating that the duty of
the person to register under this
section has been explained.
(B) In addition to the requirements of
subparagraph (A), for a person required to
register under subparagraph (B) of subsection
(a)(1), the State prison officer or the court,
as the case may be, shall obtain the name of
the person, identifying factors, anticipated
future residence, offense history, and
documentation of any treatment received for the
mental abnormality or personality disorder of
the person.
(2) Transfer of information to state and the fbi.--
The officer, or in the case of a person placed on
probation, the court, shall, within 3 days after
receipt of information described in paragraph (1),
forward it to a designated State law enforcement
agency. The State law enforcement agency shall
immediately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdiction
where the person expects to reside. The State law
enforcement agency shall also immediately transmit the
conviction data and fingerprints to the Federal Bureau
of Investigation.
(3) Verification.--
(A) For a person required to register under
subparagraph (A) of subsection (a)(1), on each
anniversary of the person's initial
registration date during the period in which
the person is required to register under this
section the following applies:
(i) The designated State law
enforcement agency shall mail a
nonforwardable verification form to the
last reported address of the person.
(ii) The person shall mail the
verification form to the designated
State law enforcement agency within 10
days after receipt of the form.
(iii) The verification form shall
be signed by the person, and state that
the person still resides at the address
last reported to the designated State
law enforcement agency.
(iv) If the person fails to mail
the verification form to the designated
State law enforcement agency within 10
days after receipt of the form, the
person shall be in violation of this
section unless the person proves that
the person has not changed the
residence address.
(B) The provisions of subparagraph (A)
shall be applied to a person required to
register under subparagraph (B) of subsection
(a)(1), except that such person must verify the
registration every 90 days after the date of
the initial release or commencement of parole.
(4) Notification of local law enforcement agencies
of changes in address.--A change of address by a person
required to register under this section reported to the
designated State law enforcement agency shall be
immediately reported to the appropriate law enforcement
agency having jurisdiction where the person is
residing. The designated law enforcement agency shall,
if the person changes residence to another State,
notify the law enforcement agency with which the person
must register in the new State, if the new State has a
registration requirement.
(5) Registration for change of address to another
state.--A person who has been convicted of an offense
which requires registration under this section shall
register the new address with a designated law
enforcement agency in another State to which the person
moves not later than 10 days after such person
establishes residence in the new State, if the new
State has a registration requirement.
(6) Length of registration.--
(A) A person required to register under
subparagraph (A) of subsection (a)(1) shall
continue to comply with this section until 10
years have elapsed since the person was
released from prison, placed on parole,
supervised release, or probation.
(B) The requirement of a person to register
under subparagraph (B) of subsection (a)(1)
shall terminate upon a determination, made in
accordance with paragraph (2) of subsection
(a), that the person no longer suffers from a
mental abnormality or personality disorder that
would make the person likely to engage in a
predatory sexually violent offense.
(c) Penalty.--A person required to register under a State
program established pursuant to this section who knowingly
fails to so register and keep such registration current shall
be subject to criminal penalties in any State in which the
person has so failed.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.
Subtitle B--Assaults Against Children
SEC. 170201. ASSAULTS AGAINST CHILDREN.
(a) Simple Assault.--Section 113(e) of title 18, United
States Code, is amended by inserting ``, or if the victim of
the assault is an individual who has not attained the age of 16
years, by fine under this title or imprisonment for not more
than 1 year, or both'' before the period.
(b) Assaults Resulting in Substantial Bodily Injury.--
Section 113 of title 18, United States Code, is amended by
adding at the end the following:
``(7) Assault resulting in substantial bodily
injury to an individual who has not attained the age of
16 years, by fine under this title or imprisonment for
not more than 5 years, or both.''.
(c) Technical and Stylistic Changes to Section 113.--
Section 113 of title 18, United States Code, is amended--
(1) in paragraph (b), by striking ``of not more
than $3,000'' and inserting ``under this title'';
(2) in paragraph (c), by striking ``of not more
than $1,000'' and inserting ``under this title'';
(3) in paragraph (d), by striking ``of not more
than $500'' and inserting ``under this title'';
(4) by modifying the left margin of each of
paragraphs (a) through (f) so that they are indented 2
ems;
(5) by redesignating paragraphs (a) through (f) as
paragraphs (1) through (6); and
(6) by inserting ``(a)'' before ``Whoever''.
(d) Definitions.--Section 113 of title 18, United States
Code, is amended by adding at the end the following:
``(b) As used in this subsection--
``(1) the term `substantial bodily injury' means
bodily injury which involves--
``(A) a temporary but substantial
disfigurement; or
``(B) a temporary but substantial loss or
impairment of the function of any bodily
member, organ, or mental faculty; and
``(2) the term `serious bodily injury' has the
meaning given that term in section 1365 of this
title.''.
(e) Assaults in Indian Country.--Section 1153(a) of title
18, United States Code, is amended by inserting ``(as defined
in section 1365 of this title), an assault against an
individual who has not attained the age of 16 years'' after
``serious bodily injury''.
Subtitle C--Missing and Exploited Children
SEC. 170301. SHORT TITLE.
This subtitle may be cited as the ``Morgan P. Hardiman Task
Force on Missing and Exploited Children Act''.
SEC. 170302. PURPOSE.
The purpose of this subtitle is to establish a task force
comprised of law enforcement officers from pertinent Federal
agencies to work with the National Center for Missing and
Exploited Children (referred to as the ``Center'') and
coordinate the provision of Federal law enforcement resources
to assist State and local authorities in investigating the most
difficult cases of missing and exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5771 et seq.) is amended--
(1) by redesignating sections 407 and 408 as
sections 408 and 409, respectively; and
(2) by inserting after section 406 the following
new section:
``task force
``Sec. 407. (a) Establishment.--There is established a
Missing and Exploited Children's Task Force (referred to as the
``Task Force'').
``(b) Membership.--
``(1) In general.--The Task Force shall include at
least 2 members from each of--
``(A) the Federal Bureau of Investigation;
``(B) the Secret Service;
``(C) the Bureau of Alcohol, Tobacco and
Firearms;
``(D) the United States Customs Service;
``(E) the Postal Inspection Service;
``(F) the United States Marshals Service;
and
``(G) the Drug Enforcement Administration.
``(2) Chief.--A representative of the Federal
Bureau of Investigation (in addition to the members of
the Task Force selected under paragraph (1)(A)) shall
act as chief of the Task Force.
``(3) Selection.--(A) The Director of the Federal
Bureau of Investigation shall select the chief of the
Task Force.
``(B) The heads of the agencies described in
paragraph (1) shall submit to the chief of the Task
Force a list of at least 5 prospective Task Force
members, and the chief shall select 2, or such greater
number as may be agreeable to an agency head, as Task
Force members.
``(4) Professional qualifications.--The members of
the Task Force shall be law enforcement personnel
selected for their expertise that would enable them to
assist in the investigation of cases of missing and
exploited children.
``(5) Status.--A member of the Task Force shall
remain an employee of his or her respective agency for
all purposes (including the purpose of performance
review), and his or her service on the Task Force shall
be without interruption or loss of civil service
privilege or status and shall be on a nonreimbursable
basis.
``(6) Period of service.--(A) Subject to
subparagraph (B), 1 member from each agency shall
initially serve a 1-year term, and the other member
from the same agency shall serve a 1-year term, and may
be selected to a renewal of service for 1 additional
year; thereafter, each new member to serve on the Task
Force shall serve for a 2-year period with the member's
term of service beginning and ending in alternate years
with the other member from the same agency; the period
of service for the chief of the Task Force shall be 3
years.
``(B) The chief of the Task Force may at any time
request the head of an agency described in paragraph
(1) to submit a list of 5 prospective Task Force
members to replace a member of the Task Force, for the
purpose of maintaining a Task Force membership that
will be able to meet the demands of its caseload.
``(c) Support.--
``(1) In general.--The Administrator of the General
Services Administration, in coordination with the heads
of the agencies described in subsection (b)(1), shall
provide the Task Force office space and administrative
and support services, such office space to be in close
proximity to the office of the Center, so as to enable
the Task Force to coordinate its activities with that
of the Center on a day-to-day basis.
``(2) Legal guidance.--The Attorney General shall
assign an attorney to provide legal guidance, as
needed, to members of the Task Force.
``(d) Purpose.--
``(1) In general.--The purpose of the Task Force
shall be to make available the combined resources and
expertise of the agencies described in paragraph (1) to
assist State and local governments in the most
difficult missing and exploited child cases nationwide,
as identified by the chief of the Task Force from time
to time, in consultation with the Center, and as many
additional cases as resources permit, including the
provision of assistance to State and local
investigators on location in the field.
``(2) Technical assistance.--The role of the Task
Force in any investigation shall be to provide advice
and technical assistance and to make available the
resources of the agencies described in subsection
(b)(1); the Task Force shall not take a leadership role
in any such investigation.
``(e) Cross-Designation of Task Force Members.--The
Attorney General may cross-designate the members of the Task
Force with jurisdiction to enforce Federal law related to child
abduction to the extent necessary to accomplish the purposes of
this section.''.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended to read as follows:
``(9) There are authorized to be appropriated to carry out
part O--
``(A) $24,000,000 for fiscal year 1996;
``(B) $40,000,000 for fiscal year 1997;
``(C) $50,000,000 for fiscal year 1998;
``(D) $60,000,000 for fiscal year 1999; and
``(E) $66,000,000 for fiscal year 2000.''.
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by striking ``$100,000'' and inserting
``$250,000''.
(c) Clarification.--Section 1501(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
Sec. 3796bb(b)) is amended by inserting ``, based on the
decennial census of 1990 through fiscal year 1997'' before the
period.
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--The Attorney General, in consultation
with the Governors, mayors, and chief executive officers of
State and local law enforcement agencies, may establish a Rural
Crime and Drug Enforcement Task Force in judicial districts
that encompass significant rural lands. Assets seized as a
result of investigations initiated by a Rural Crime and Drug
Enforcement Task Force and forfeited under Federal law shall be
used, consistent with the guidelines on equitable sharing
established by the Attorney General and of the Secretary of the
Treasury, primarily to enhance the operations of the task force
and its participating State and local law enforcement agencies.
(b) Task Force Membership.--The Task Forces established
under subsection (a) shall be carried out under policies and
procedures established by the Attorney General. The Attorney
General may deputize State and local law enforcement officers
and may cross-designate up to 100 Federal law enforcement
officers, when necessary to undertake investigations pursuant
to section 503(a) of the Controlled Substances Act (21 U.S.C.
873(a)) or offenses punishable by a term of imprisonment of 10
years or more under title 18, United States Code. The task
forces--
(1) shall include representatives from--
(A) State and local law enforcement
agencies;
(B) the office of the United States
Attorney for the judicial district; and
(C) the Federal Bureau of Investigation,
the Drug Enforcement Administration, the
Immigration and Naturalization Service, and the
United States Marshals Service; and
(2) may include representatives of other Federal
law enforcement agencies, such as the United States
Customs Service, United States Park Police, United
States Forest Service, Bureau of Alcohol, Tobacco, and
Firearms, and Bureau of Land Management.
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director
of the Federal Law Enforcement Training Center shall develop a
specialized course of instruction devoted to training law
enforcement officers from rural agencies in the investigation
of drug trafficking and related crimes.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subsection (a)--
(1) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,000,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents--
(1) $12,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $40,000,000 for fiscal year 1999; and
(5) $48,000,000 for fiscal year 2000.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) Short Title.--This section may be cited as the ``Drug
Free Truck Stop Act''.
(b) Amendment to Controlled Substances Act.--
(1) In general.--Part D of the Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended by
inserting after section 408 the following new section:
``transportation safety offenses
``Sec. 409. (a) Definitions.--In this section--
```safety rest area' means a roadside facility with
parking facilities for the rest or other needs of
motorists.
```truck stop' means a facility (including any
parking lot appurtenant thereto) that--
``(A) has the capacity to provide fuel or
service, or both, to any commercial motor
vehicle (as defined in section 31301 of title
49, United States Code), operating in commerce
(as defined in that section); and
``(B) is located within 2,500 feet of the
National System of Interstate and Defense
Highways or the Federal-Aid Primary System.
``(b) First Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or within
1,000 feet of, a truck stop or safety rest area is (except as
provided in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by
section 401(b); and
``(2) twice any term of supervised release
authorized by section 401(b) for a first offense.
``(c) Subsequent Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or within
1,000 feet of, a truck stop or a safety rest area after a prior
conviction or convictions under subsection (a) have become
final is subject to--
``(1) 3 times the maximum punishment authorized by
section 401(b); and
``(2) 3 times any term of supervised release
authorized by section 401(b) for a first offense.''.
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the
Controlled Substances Act (21 U.S.C. 841(b)) is
amended by inserting ``409,'' before ``418,''
each place it appears.
(B) Table of contents.--The table of
contents of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 is amended
by striking the item relating to section 409
and inserting the following new item:
``Sec. 409. Transportation safety offenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, and section 21 of
the Sentencing Act of 1987 (28 U.S.C. 994 note), the United
States Sentencing Commission shall promulgate guidelines, or
shall amend existing guidelines, to provide an appropriate
enhancement of punishment for a defendant convicted of
violating section 409 of the Controlled Substances Act, as
added by subsection (b).
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
SEC. 180301. FUNDING FOR RURAL AREAS.
It is the sense of Congress that--
(1) the Attorney General should ensure that funding
for programs authorized by the provisions of this Act
and amendments made by this Act is distributed in such
a manner that rural areas continue to receive
comparable support for their broad-based crime fighting
initiatives;
(2) rural communities should not receive less
funding than they received in fiscal year 1994 for
anti-crime initiatives as a result of any legislative
or administrative actions; and
(3) to the maximum extent possible, funding for the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Program should be maintained at its fiscal
year 1994 level.
TITLE XIX--FEDERAL LAW ENFORCEMENT
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
(a) Authorization of Additional Appropriations for the
Federal Judiciary.--
Federal judiciary.--There are authorized to be
appropriated for the activities of the Federal
Judiciary to help meet the increased demands for
judicial activities, including supervised release, pre-
trial and probation services, that will result from
enactment into law of this Act--
(A) $30,000,000 for fiscal year 1996;
(B) $35,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $55,000,000 for fiscal year 2000.
(b) Authorization of Additional Appropriations for the
Department of Justice.--There is authorized to be appropriated
for the activities and agencies of the Department of Justice,
in addition to sums authorized elsewhere in this section, to
help meet the increased demands for Department of Justice
activities that will result from enactment into law of this
Act--
(A) $40,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $39,000,000 for fiscal year 2000.
(c) Authorization of Additional Appropriations for the
Federal Bureau of Investigation.--There is authorized to be
appropriated for the activities of the Federal Bureau of
Investigation, to help meet the increased demands for Federal
Bureau of Investigation activities that will result from
enactment into law of this Act--
(A) $35,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $60,000,000 for fiscal year 2000.
(d) Authorization of Additional Appropriations for United
States Attorneys.--There is authorized to be appropriated for
the account Department of Justice, Legal Activities, ``Salaries
and expenses, United States Attorneys'', to help meet the
increased demands for litigation and related activities which
will result from enactment into law of this Act--
(A) $5,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997;
(C) $10,000,000 for fiscal year 1998;
(D) $12,000,000 for fiscal year 1999; and
(E) $15,000,000 for fiscal year 2000.
(e) Authorization of Additional Appropriations for the
Department of the Treasury.--There is authorized to be
appropriated for the activities of the Bureau of Alcohol,
Tobacco, and Firearms, the United States Customs Service, the
Financial Crimes Enforcement Network, the Federal Law
Enforcement Training Center, the Criminal Investigation
Division of the Internal Revenue Service, and the United States
Secret Service to help meet the increased demands for
Department of the Treasury activities that will result from
enactment into law of this Act--
(A) $30,000,000 for fiscal year 1995;
(B) $70,000,000 for fiscal year 1996;
(C) $90,000,000 for fiscal year 1997;
(D) $110,000,000 for fiscal year 1998;
(E) $125,000,000 for fiscal year 1999; and
(F) $125,000,000 for fiscal year 2000.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND
EDUCATION
Subtitle A--Police Corps
SEC. 200101. SHORT TITLE.
This subtitle may be cited as the ``Police Corps Act''.
SEC. 200102. PURPOSES.
The purposes of this subtitle are to--
(1) address violent crime by increasing the number
of police with advanced education and training on
community patrol; and
(2) provide educational assistance to law
enforcement personnel and to students who possess a
sincere interest in public service in the form of law
enforcement.
SEC. 200103. DEFINITIONS.
In this subtitle--
``academic year'' means a traditional academic year
beginning in August or September and ending in the
following May or June.
``dependent child'' means a natural or adopted
child or stepchild of a law enforcement officer who at
the time of the officer's death--
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact
dependent on the child's parents for at least
one-half of the child's support (excluding
educational expenses), as determined by the
Director.
``Director'' means the Director of the Office of
the Police Corps and Law Enforcement Education
appointed under section 200104.
``educational expenses'' means expenses that are
directly attributable to--
(A) a course of education leading to the
award of the baccalaureate degree in legal- or
criminal justice-related studies; or
(B) a course of graduate study legal or
criminal justice studies following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous
expenses.
``institution of higher education'' has the meaning
stated in the first sentence of section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)).
``participant'' means a participant in the Police
Corps program selected pursuant to section 200106.
``State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
``State Police Corps program'' means a State police
corps program that meets the requirements of section
200110.
SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW
ENFORCEMENT EDUCATION.
There is established in the Department of Justice, under
the general authority of the Attorney General, an Office of the
Police Corps and Law Enforcement Education.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
(a) Lead Agency.--A State that desires to participate in
the Police Corps program under this subtitle shall designate a
lead agency that will be responsible for--
(1) submitting to the Director a State plan
described in subsection (b); and
(2) administering the program in the State.
(b) State Plans.--A State plan shall--
(1) contain assurances that the lead agency shall
work in cooperation with the local law enforcement
liaisons, representatives of police labor organizations
and police management organizations, and other
appropriate State and local agencies to develop and
implement interagency agreements designed to carry out
the program;
(2) contain assurances that the State shall
advertise the assistance available under this subtitle;
(3) contain assurances that the State shall screen
and select law enforcement personnel for participation
in the program; and
(4) meet the requirements of section 200110.
SEC. 200106. SCHOLARSHIP ASSISTANCE.
(a) Scholarships Authorized.--(1) The Director may award
scholarships to participants who agree to work in a State or
local police force in accordance with agreements entered into
pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each
scholarship payment made under this section for each academic
year shall not exceed--
(i) $7,500; or
(ii) the cost of the educational expenses related
to attending an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such year
shall not exceed $10,000.
(C) The total amount of scholarship assistance received by
any one student under this section shall not exceed $30,000.
(3) Recipients of scholarship assistance under this section
shall continue to receive such scholarship payments only during
such periods as the Director finds that the recipient is
maintaining satisfactory progress as determined by the
institution of higher education the recipient is attending.
(4)(A) The Director shall make scholarship payments under
this section directly to the institution of higher education
that the student is attending.
(B) Each institution of higher education receiving a
payment on behalf of a participant pursuant to subparagraph (A)
shall remit to such student any funds in excess of the costs of
tuition, fees, and room and board payable to the institution.
(b) Reimbursement Authorized.--(1) The Director may make
payments to a participant to reimburse such participant for the
costs of educational expenses if the student agrees to work in
a State or local police force in accordance with the agreement
entered into pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar
year, the amount of scholarship payments made during such year
shall not exceed $10,000.
(C) The total amount of payments made pursuant to
subparagraph (A) to any 1 student shall not exceed $30,000.
(c) Use of Scholarship.--Scholarships awarded under this
subsection shall only be used to attend a 4-year institution of
higher education, except that--
(1) scholarships may be used for graduate and
professional study; and
(2) if a participant has enrolled in the program
upon or after transfer to a 4-year institution of
higher education, the Director may reimburse the
participant for the participant's prior educational
expenses.
(d) Agreement.--(1)(A) Each participant receiving a
scholarship or a payment under this section shall enter into an
agreement with the Director.
(B) An agreement under subparagraph (A) shall contain
assurances that the participant shall--
(i) after successful completion of a baccalaureate
program and training as prescribed in section 200108,
work for 4 years in a State or local police force
without there having arisen sufficient cause for the
participant's dismissal under the rules applicable to
members of the police force of which the participant is
a member;
(ii) complete satisfactorily--
(I) an educational course of study and
receipt of a baccalaureate degree (in the case
of undergraduate study) or the reward of credit
to the participant for having completed one or
more graduate courses (in the case of graduate
study); and
(II) Police Corps training and
certification by the Director that the
participant has met such performance standards
as may be established pursuant to section
200108; and
(iii) repay all of the scholarship or payment
received plus interest at the rate of 10 percent if the
conditions of clauses (i) and (ii) are not complied
with.
(2)(A) A recipient of a scholarship or payment under this
section shall not be considered to be in violation of the
agreement entered into pursuant to paragraph (1) if the
recipient--
(i) dies; or
(ii) becomes permanently and totally disabled as
established by the sworn affidavit of a qualified
physician.
(B) If a scholarship recipient is unable to comply with the
repayment provision set forth in paragraph (1)(B)(ii) because
of a physical or emotional disability or for good cause as
determined by the Director, the Director may substitute
community service in a form prescribed by the Director for the
required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph
(1).
(e) Dependent Child.--A dependent child of a law
enforcement officer--
(1) who is a member of a State or local police
force or is a Federal criminal investigator or
uniformed police officer,
(2) who is not a participant in the Police Corps
program, but
(3) who serves in a State for which the Director
has approved a Police Corps plan, and
(4) who is killed in the course of performing
police duties,
shall be entitled to the scholarship assistance authorized in
this section for any course of study in any accredited
institution of higher education. Such dependent child shall not
incur any repayment obligation in exchange for the scholarship
assistance provided in this section.
(f) Application.--Each participant desiring a scholarship
or payment under this section shall submit an application as
prescribed by the Director in such manner and accompanied by
such information as the Director may reasonably require.
SEC. 200107. SELECTION OF PARTICIPANTS.
(a) In General.--Participants in State Police Corps
programs shall be selected on a competitive basis by each State
under regulations prescribed by the Director.
(b) Selection Criteria and Qualifications.--(1) In order to
participate in a State Police Corps program, a participant
shall--
(A) be a citizen of the United States or an alien
lawfully admitted for permanent residence in the United
States;
(B) meet the requirements for admission as a
trainee of the State or local police force to which the
participant will be assigned pursuant to section
200110(5), including achievement of satisfactory scores
on any applicable examination, except that failure to
meet the age requirement for a trainee of the State or
local police shall not disqualify the applicant if the
applicant will be of sufficient age upon completing an
undergraduate course of study;
(C) possess the necessary mental and physical
capabilities and emotional characteristics to discharge
effectively the duties of a law enforcement officer;
(D) be of good character and demonstrate sincere
motivation and dedication to law enforcement and public
service;
(E) in the case of an undergraduate, agree in
writing that the participant will complete an
educational course of study leading to the award of a
baccalaureate degree and will then accept an
appointment and complete 4 years of service as an
officer in the State police or in a local police
department within the State;
(F) in the case of a participant desiring to
undertake or continue graduate study, agree in writing
that the participant will accept an appointment and
complete 4 years of service as an officer in the State
police or in a local police department within the State
before undertaking or continuing graduate study;
(G) contract, with the consent of the participant's
parent or guardian if the participant is a minor, to
serve for 4 years as an officer in the State police or
in a local police department, if an appointment is
offered; and
(H) except as provided in paragraph (2), be without
previous law enforcement experience.
(2)(A) Until the date that is 5 years after the date of
enactment of this Act, up to 10 percent of the applicants
accepted into the Police Corps program may be persons who--
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential
and dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted
toward satisfaction of the participant's 4-year service
obligation under section 200109, and such a participant shall
be subject to the same benefits and obligations under this
subtitle as other participants, including those stated in
section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting
a participant's previous period of law enforcement experience
for purposes other than satisfaction of the requirements of
section 200109, such as for purposes of determining such a
participant's pay and other benefits, rank, and tenure.
(3) It is the intent of this subtitle that there shall be
no more than 20,000 participants in each graduating class. The
Director shall approve State plans providing in the aggregate
for such enrollment of applicants as shall assure, as nearly as
possible, annual graduating classes of 20,000. In a year in
which applications are received in a number greater than that
which will produce, in the judgment of the Director, a
graduating class of more than 20,000, the Director shall, in
deciding which applications to grant, give preference to those
who will be participating in State plans that provide law
enforcement personnel to areas of greatest need.
(c) Recruitment of Minorities.--Each State participating in
the Police Corps program shall make special efforts to seek and
recruit applicants from among members of all racial, ethnic or
gender groups. This subsection does not authorize an exception
from the competitive standards for admission established
pursuant to subsections (a) and (b).
(d) Enrollment of Applicant.--(1) An applicant shall be
accepted into a State Police Corps program on the condition
that the applicant will be matriculated in, or accepted for
admission at, a 4-year institution of higher education--
(A) as a full-time student in an undergraduate
program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant's acceptance in the
program shall be revoked.
(e) Leave of Absence.--(1) A participant in a State Police
Corps program who requests a leave of absence from educational
study, training or service for a period not to exceed 1 year
(or 18 months in the aggregate in the event of multiple
requests) due to temporary physical or emotional disability
shall be granted such leave of absence by the State.
(2) A participant who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event of
multiple requests) for any reason other than those listed in
paragraph (1) may be granted such leave of absence by the
State.
(3) A participant who requests a leave of absence from
educational study or training for a period not to exceed 30
months to serve on an official church mission may be granted
such leave of absence.
(f) Admission of Applicants.--An applicant may be admitted
into a State Police Corps program either before commencement of
or during the applicant's course of educational study.
SEC. 200108. POLICE CORPS TRAINING.
(a) In General.--(1) The Director shall establish programs
of training for Police Corps participants. Such programs may be
carried out at up to 3 training centers established for this
purpose and administered by the Director, or by contracting
with existing State training facilities. The Director shall
contract with a State training facility upon request of such
facility if the Director determines that such facility offers a
course of training substantially equivalent to the Police Corps
training program described in this subtitle.
(2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including
State and local police forces) to obtain the services of
persons qualified to participate in and contribute to the
training process.
(3) The Director may enter into agreements with agencies of
the Federal Government to utilize on a reimbursable basis space
in Federal buildings and other resources.
(4) The Director may authorize such expenditures as are
necessary for the effective maintenance of the training
centers, including purchases of supplies, uniforms, and
educational materials, and the provision of subsistence,
quarters, and medical care to participants.
(b) Training Sessions.--A participant in a State Police
Corps program shall attend two 8-week training sessions at a
training center, one during the summer following completion of
sophomore year and one during the summer following completion
of junior year. If a participant enters the program after
sophomore year, the participant shall complete 16 weeks of
training at times determined by the Director.
(c) Further Training.--The 16 weeks of Police Corps
training authorized in this section is intended to serve as
basic law enforcement training but not to exclude further
training of participants by the State and local authorities to
which they will be assigned. Each State plan approved by the
Director under section 10 shall include assurances that
following completion of a participant's course of education
each participant shall receive appropriate additional training
by the State or local authority to which the participant is
assigned. The time spent by a participant in such additional
training, but not the time spent in Police Corps training,
shall be counted toward fulfillment of the participant's 4-year
service obligation.
(d) Course of Training.--The training sessions at training
centers established under this section shall be designed to
provide basic law enforcement training, including vigorous
physical and mental training to teach participants self-
discipline and organizational loyalty and to impart knowledge
and understanding of legal processes and law enforcement.
(e) Evaluation of Participants.--A participant shall be
evaluated during training for mental, physical, and emotional
fitness, and shall be required to meet performance standards
prescribed by the Director at the conclusion of each training
session in order to remain in the Police Corps program.
(f) Stipend.--The Director shall pay participants in
training sessions a stipend of $250 a week during training.
SEC. 200109. SERVICE OBLIGATION.
(a) Swearing In.--Upon satisfactory completion of the
participant's course of education and training program
established in section 200108 and meeting the requirements of
the police force to which the participant is assigned, a
participant shall be sworn in as a member of the police force
to which the participant is assigned pursuant to the State
Police Corps plan, and shall serve for 4 years as a member of
that police force.
(b) Rights and Responsibilities.--A participant shall have
all of the rights and responsibilities of and shall be subject
to all rules and regulations applicable to other members of the
police force of which the participant is a member, including
those contained in applicable agreements with labor
organizations and those provided by State and local law.
(c) Discipline.--If the police force of which the
participant is a member subjects the participant to discipline
such as would preclude the participant's completing 4 years of
service, and result in denial of educational assistance under
section 200106, the Director may, upon a showing of good cause,
permit the participant to complete the service obligation in an
equivalent alternative law enforcement service and, if such
service is satisfactorily completed, section
200106(d)(1)(B)(iii) shall not apply.
(d) Layoffs.--If the police force of which the participant
is a member lays off the participant such as would preclude the
participant's completing 4 years of service, and result in
denial of educational assistance under section 200106, the
Director may permit the participant to complete the service
obligation in an equivalent alternative law enforcement service
and, if such service is satisfactorily completed, section
200106(d)(1)(B)(iii) shall not apply.
SEC. 200110. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of
participants in accordance with the criteria set out in
section 200107;
(2) state procedures governing the assignment of
participants in the Police Corps program to State and
local police forces (no more than 10 percent of all the
participants assigned in each year by each State to be
assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to
those geographic areas in which--
(A) there is the greatest need for
additional law enforcement personnel; and
(B) the participants will be used most
effectively;
(4) provide that to the extent consistent with
paragraph (3), a participant shall be assigned to an
area near the participant's home or such other place as
the participant may request;
(5) provide that to the extent feasible, a
participant's assignment shall be made at the time the
participant is accepted into the program, subject to
change--
(A) prior to commencement of a
participant's fourth year of undergraduate
study, under such circumstances as the plan may
specify; and
(B) from commencement of a participant's
fourth year of undergraduate study until
completion of 4 years of police service by
participant, only for compelling reasons or to
meet the needs of the State Police Corps
program and only with the consent of the
participant;
(6) provide that no participant shall be assigned
to serve with a local police force--
(A) whose size has declined by more than 5
percent since June 21, 1989; or
(B) which has members who have been laid
off but not retired;
(7) provide that participants shall be placed and
to the extent feasible kept on community and preventive
patrol;
(8) ensure that participants will receive effective
training and leadership;
(9) provide that the State may decline to offer a
participant an appointment following completion of
Federal training, or may remove a participant from the
Police Corps program at any time, only for good cause
(including failure to make satisfactory progress in a
course of educational study) and after following
reasonable review procedures stated in the plan; and
(10) provide that a participant shall, while
serving as a member of a police force, be compensated
at the same rate of pay and benefits and enjoy the same
rights under applicable agreements with labor
organizations and under State and local law as other
police officers of the same rank and tenure in the
police force of which the participant is a member.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS
OFFICERS.
Each jurisdiction directly employing Police Corps
participants during the 4-year term of service prescribed by
section 200109 shall receive $10,000 on account of each such
participant at the completion of each such year of service,
but--
(1) no such payment shall be made on account of
service in any State or local police force--
(A) whose average size, in the year for
which payment is to be made, not counting
Police Corps participants assigned under
section 106, has declined more than 2 percent
since January 1, 1993; or
(B) which has members who have been laid
off but not retired; and
(2) no such payment shall be made on account of any
Police Corps participant for years of service after the
completion of the term of service prescribed in section
200109.
SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $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.
SEC. 200203. ALLOTMENT.
From amounts appropriated under section 200210, the
Director shall allot--
(1) 80 percent of such amounts to States on the
basis of the number of law enforcement officers in each
State compared to the number of law enforcement
officers in all States; and
(2) 20 percent of such amounts to States on the
basis of the shortage of law enforcement personnel and
the need for assistance under this subtitle in the
State compared to the shortage of law enforcement
personnel and the need for assistance under this
subtitle in all States.
SEC. 200204. ESTABLISHMENT OF PROGRAM.
(a) Use of Allotment.--
(1) In general.--A State that receives an allotment
pursuant to section 200203 shall use the allotment to
pay the Federal share of the costs of--
(A) awarding scholarships to in-service law
enforcement personnel to enable such personnel
to seek further education; and
(B) providing--
(i) full-time employment in summer;
or
(ii) part-time (not to exceed 20
hours per week) employment for a period
not to exceed 1 year.
(2) Employment.--The employment described in
paragraph (1)(B)--
(A) shall be provided by State and local
law enforcement agencies for students who are
juniors or seniors in high school or are
enrolled in an institution of higher education
and who demonstrate an interest in undertaking
a career in law enforcement;
(B) shall not be in a law enforcement
position; and
(C) shall consist of performing meaningful
tasks that inform students of the nature of the
tasks performed by law enforcement agencies.
(b) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--Subject to the availability of
appropriations, the Director shall pay to each State
that receives an allotment under section 200203 the
Federal share of the cost of the activities described
in the application submitted pursuant to section
200203.
(2) Federal share.--The Federal share shall not
exceed 60 percent.
(3) Non-federal share.--The non-Federal share of
the cost of scholarships and student employment
provided under this subtitle shall be supplied from
sources other than the Federal Government.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the programs conducted
pursuant to this subtitle and shall, in consultation with the
Assistant Secretary for Postsecondary Education, issue rules to
implement this subtitle.
(d) Administrative Expenses.--A State that receives an
allotment under section 200203 may reserve not more than 8
percent of the allotment for administrative expenses.
(e) Special Rule.--A State that receives an allotment under
section 200203 shall ensure that each scholarship recipient
under this subtitle be compensated at the same rate of pay and
benefits and enjoy the same rights under applicable agreements
with labor organizations and under State and local law as other
law enforcement personnel of the same rank and tenure in the
office of which the scholarship recipient is a member.
(f) Supplementation of Funding.--Funds received under this
subtitle shall only be used to supplement, and not to supplant,
Federal, State, or local efforts for recruitment and education
of law enforcement personnel.
SEC. 200205. SCHOLARSHIPS.
(a) Period of Award.--Scholarships awarded under this
subtitle shall be for a period of 1 academic year.
(b) Use of Scholarships.--Each individual awarded a
scholarship under this subtitle may use the scholarship for
educational expenses at an institution of higher education.
SEC. 200206. ELIGIBILITY.
(a) Scholarships.--A person shall be eligible to receive a
scholarship under this subtitle if the person has been employed
in law enforcement for the 2-year period immediately preceding
the date on which assistance is sought.
(b) Ineligibility for Student Employment.--A person who has
been employed as a law enforcement officer is ineligible to
participate in a student employment program carried out under
this subtitle.
SEC. 200207. STATE APPLICATION.
(a) In General.--Each State desiring an allotment under
section 200203 shall submit an application to the Director at
such time, in such manner, and accompanied by such information
as the Director may reasonably require.
(b) Contents.--An application under subsection (a) shall--
(1) describe the scholarship program and the
student employment program for which assistance under
this subtitle is sought;
(2) contain assurances that the lead agency will
work in cooperation with the local law enforcement
liaisons, representatives of police labor organizations
and police management organizations, and other
appropriate State and local agencies to develop and
implement interagency agreements designed to carry out
this subtitle;
(3) contain assurances that the State will
advertise the scholarship assistance and student
employment it will provide under this subtitle and that
the State will use such programs to enhance recruitment
efforts;
(4) contain assurances that the State will screen
and select law enforcement personnel for participation
in the scholarship program under this subtitle;
(5) contain assurances that under such student
employment program the State will screen and select,
for participation in such program, students who have an
interest in undertaking a career in law enforcement;
(6) contain assurances that under such scholarship
program the State will make scholarship payments to
institutions of higher education on behalf of persons
who receive scholarships under this subtitle;
(7) with respect to such student employment
program, identify--
(A) the employment tasks that students will
be assigned to perform;
(B) the compensation that students will be
paid to perform such tasks; and
(C) the training that students will receive
as part of their participation in the program;
(8) identify model curriculum and existing programs
designed to meet the educational and professional needs
of law enforcement personnel; and
(9) contain assurances that the State will promote
cooperative agreements with educational and law
enforcement agencies to enhance law enforcement
personnel recruitment efforts in institutions of higher
education.
SEC. 200208. LOCAL APPLICATION.
(a) In General.--A person who desires a scholarship or
employment under this subtitle shall submit an application to
the State at such time, in such manner, and accompanied by such
information as the State may reasonably require.
(b) Contents.--An application under subsection (a) shall
describe--
(1) the academic courses for which a scholarship is
sought; or
(2) the location and duration of employment that is
sought.
(c) Priority.--In awarding scholarships and providing
student employment under this subtitle, each State shall give
priority to applications from persons who are--
(1) members of racial, ethnic, or gender groups
whose representation in the law enforcement agencies
within the State is substantially less than in the
population eligible for employment in law enforcement
in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the
Higher Education Act of 1965.
SEC. 200209. SCHOLARSHIP AGREEMENT.
(a) In General.--A person who receives a scholarship under
this subtitle shall enter into an agreement with the Director.
(b) Contents.--An agreement described in subsection (a)
shall--
(1) provide assurances that the scholarship
recipient will work in a law enforcement position in
the State that awarded the scholarship in accordance
with the service obligation described in subsection (c)
after completion of the scholarship recipient's
academic courses leading to an associate, bachelor, or
graduate degree;
(2) provide assurances that the scholarship
recipient will repay the entire scholarship in
accordance with such terms and conditions as the
Director shall prescribe if the requirements of the
agreement are not complied with, unless the scholarship
recipient--
(A) dies;
(B) becomes physically or emotionally
disabled, as established by the sworn affidavit
of a qualified physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which
the scholarship recipient may seek employment in the
field of law enforcement in a State other than the
State that awarded the scholarship.
(c) Service Obligation.--
(1) In general.-- Except as provided in paragraph
(2), a person who receives a scholarship under this
subtitle shall work in a law enforcement position in
the State that awarded the scholarship for a period of
1 month for each credit hour for which funds are
received under the scholarship.
(2) Special rule.--For purposes of satisfying the
requirement of paragraph (1), a scholarship recipient
shall work in a law enforcement position in the State
that awarded the scholarship for not less than 6 months
but shall not be required to work in such a position
for more than 2 years.
SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subtitle--
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) Uses of Funds.--Of the funds appropriated under
subsection (a) for a fiscal year--
(1) 80 percent shall be available to provide
scholarships described in section 200204(a)(1)(A); and
(2) 20 percent shall be available to provide
employment described in sections 200204(a)(1)(B) and
200204(a)(2).
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.
There is authorized to be appropriated for fiscal years
1995 through 2000 such sums as may be necessary to carry out
the programs under parts D and E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, of which the
following amounts may be appropriated from the Violent Crime
Reduction Trust Fund:
(1) $580,000,000 for fiscal year 1995;
(2) $130,000,000 for fiscal year 1996;
(3) $100,000,000 for fiscal year 1997;
(4) $75,000,000 for fiscal year 1998;
(5) $70,000,000 for fiscal year 1999; and
(6) $45,000,000 for fiscal year 2000.
Subtitle B--Law Enforcement Family Support
<greek-l> H4 deg.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:
<greek-l> H5 deg.``PART W--FAMILY SUPPORT
<greek-l> H4 deg.``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.
<greek-l> H4 deg.``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.
<greek-l> H4 deg.``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).
<greek-l> H4 deg.``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.
<greek-l> H4 deg.``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.
<greek-l> H4 deg.``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.
<greek-l> H4 deg.``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.
<greek-l> H4 deg.``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:
``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.
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''.
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
<greek-l> H4 deg.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:
``Sec. 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.''.
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.
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.
``Sec. 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.
``Sec. 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.
``Sec. 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''.
(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,''.
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.
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''.
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
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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 House Concurrent
Resolution 218 (One Hundred Third Congress).
(d) Listing of the Fund Among Government Trust Funds.--
Section 1321(a) of title 31, United States Code, is amended by
inserting at the end the following new paragraph:
``(91) Violent Crime Reduction Trust Fund.''.
(e) Requirement for the President To Report Annually on the
Status of the Trust Fund.--Section 1105(a) of title 31, United
States Code, is amended by adding at the end the following new
paragraphs:
``(30) information about the Violent Crime
Reduction Trust Fund, including a separate statement of
amounts in that Trust Fund.
``(31) an analysis displaying, by agency, proposed
reductions in full-time equivalent positions compared
to the current 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.''.
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 House Concurrent Resolution 218 (103d Congress))
for fiscal years 1995 through 1998 are reduced as follows:
(1) for fiscal year 1995, for the discretionary
category: $2,423,000,000 in new budget authority and
$703,000,000 in outlays;
(2) for fiscal year 1996, for the discretionary
category: $4,287,000,000 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''.
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:
``Sec. 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
<greek-l> H4 deg.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:
``Sec. 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:
``Sec. 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.
``Sec. 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.''.
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 the
threatened 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,''.
<greek-l> H4 deg.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:
<greek-l> H6 deg.``Sec. 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:
``Sec. 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.''.
<greek-l> H4 deg.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:
``Sec. 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.''.
<greek-l> H4 deg.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:
<greek-l> H6 deg.``Sec. 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.''.
<greek-l> H4 deg.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.
<greek-l> H4 deg.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.
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:
``Sec. 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:
``Sec. 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;''.
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.
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''.
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. Sec. 3144''
and inserting ``18 U.S.C. Sec. 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:
``Sec. 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''.
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:
``Sec. 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:
``Sec. 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.
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 (H.R. 3355), to amend
the Omnibus Crime Control and Safe Streets Act of 1968 to allow
grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and
members of the community to address crime and disorder
problems, and otherwise to enhance public safety, 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.
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. Sec. 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.
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.
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 (Sec. 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.
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.
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.
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.
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.
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:
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.
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.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sections 330001-025--Senate sections 3001-13 recede to
the technical corrections found in H.R. 3131 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.