The Crime Bill
[Yes, this is THE Crime bill. It is referred to as a conference report,
because of the particular legislative process it has been through. But this IS
the Crime Bill and will become law when signed by the president.]
CONFERENCE REPORT ON HR3355, VIOLENT CRIME CONTROL AND
LAW ENFORCEMENT ACT OF 1993
(As passed by the House on August 21, 1994 and subsequently approved
by the Senate on August 25, 1994)
Note: The firearms-related sections begin on page 233.
Mr. BROOKS submitted the following conference report and statement on the
bill (HR3355) to amend the Omnibus Crime Control and Safe Streets Act of 1968
to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to enhance
public safety:
CONFERENCE REPORT (H. REPT. 103-711)
The committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the amendment of the Senate to the
bill (HR3355), to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to enhance
public safety, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of the House
to the amendment of the Senate to the text of the bill and agree to the same
with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec.1.Short title.
Sec.2.Table of contents.
TITLE I-PUBLIC SAFETY AND POLICING
Sec.10001.Short title.
Sec.10002.Purposes.
Sec.10003.Community policing; "Cops on the Beat".
TITLE II-PRISONS
SUBTITLE A-VIOLENT OFFENDER INCARCERATION AND TRUTH IN
SENTENCING INCENTIVE GRANTS
Sec.20101.Grants for correctional facilities.
Sec.20102.Truth in sentencing incentive grants.
Sec.20103.Violent offender incarceration grants.
Sec.20104.Matching requirement.
Sec.20105.Rules and regulations.
Sec.20106.Technical assistance and training.
Sec.20107.Evaluation.
Sec.20108.Definitions.
Sec.20109.Authorization of appropriations.
SUBTITLE B-PUNISHMENT FOR YOUNG OFFENDERS
Sec.20201.Certain punishment for young offenders.
SUBTITLE C-ALIEN INCARCERATION
Sec.20301.Incarceration of undocumented criminal aliens.
SUBTITLE D-MISCELLANEOUS PROVISIONS
Sec.20401.Prisoner's place of imprisonment.
Sec.20402.Prison impact assessments.
Sec.20403.Sentences to account for costs to the Government of imprisonment,
release, and probation.
Sec.20404.Application to prisoners to which prior law applies.
Sec.20405.Crediting of "good time".
Sec.20406.Task force on prison construction standardization and techniques.
Sec.20407.Efficiency in law enforcement and corrections.
Sec.20408.Amendments to the Department of Education Organization Act and the
National Literacy Act of 1991.
Sec.20409.Appropriate remedies for prison overcrowding.
Sec.20410.Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec.20411.Awards of Pell Grants to prisoners prohibited.
Sec.20412.Education requirement for early release.
Sec.20413.Conversion of closed military installations into Federal prison
facilities.
Sec.20414.Post-conviction release drug testing-Federal offenders.
Sec.20415.Reporting of cash received by criminal court clerks.
Sec.20416.Civil rights of institutionalized persons.
Sec.20417.Notification of release of prisoners.
Sec.20418.Correctional job training and placement.
SUBTITLE D-FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
PROGRAM
Sec.30401.Community schools youth services and supervision grant program.
Sec.30402.Family and Community Endeavor Schools Grant Program.
TITLE III-CRIME PREVENTION
SUBTITLE A-OUNCE OF PREVENTION COUNCIL
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
SUBTITLE B-LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
SUBTITLE C-MODEL INTENSIVE GRANT PROGRAMS
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applicants.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
SUBTITLE D-FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
PROGRAM
Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
SUBTITLE G-ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
SUBTITLE H-POLICE RECRUITMENT
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
SUBTITLE J-LOCAL PARTNERSHIP ACT
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
SUBTITLE K-NATIONAL COMMUNITY ECONOMIC PARTNERSHIP
Sec. 31101. Short title.
CHAPTER 1-COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
CHAPTER 2-EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan funds.
CHAPTER 3-MISCELLANEOUS PROVISIONS
Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
SUBTITLE O-URBAN RECREATION AND AT-RISK YOUTH
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
SUBTITLE Q-COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. ward of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
SUBTITLE S-FAMILY UNITY DEMONSTRATION PROJECT
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
CHAPTER 1-GRANTS TO STATES
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Report.
CHAPTER 2-FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL
PRISONERS
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
SUBTITLE T-SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS
Sec. 32001. Substance abuse treatment in Federal prisons.
SUBTITLE U-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS
Sec. 32101. Residential substance abuse treatment for State prisoners.
SUBTITLE V-PREVENTION, DIAGNOSIS, AND TREATMENT OF
TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
SUBTITLE X-GANG RESISTANCE EDUCATION AND TRAINING
Sec. 32401. Gang resistance education and training projects.
TITLE IV-VIOLENCE AGAINST WOMEN
Sec.40001.Short title.
SUBTITLE A-SAFE STREETS FOR WOMEN
Sec.40101.Short title.
CHAPTER 1-FEDERAL PENALTIES FOR SEX CRIMES
Sec.40111.Repeat offenders.
Sec.40112.Federal penalties.
Sec.40113.Mandatory restitution for sex crimes.
Sec.40114.Authorization for Federal victim's counselors.
CHAPTER 2-LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE
VIOLENT CRIMES AGAINST WOMEN
Sec.40121.Grants to combat violent crimes against women.
CHAPTER 3-SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
PARKS
Sec.40131.Grants for capital improvements to prevent crime in public
transportation.
Sec.40132.Grants for capital improvements to prevent crime in national
parks.
Sec.40133.Grants for capital improvements to prevent crime in public parks.
CHAPTER 4-NEW EVIDENTIARY RULES
Sec.40141.Sexual history in criminal and civil cases.
CHAPTER 5-ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
Sec.40151.Education and prevention grants to reduce sexual assaults against
women.
Sec.40152.Training programs.
Sec.40153.Confidentiality of communications between sexual assault or
domestic violence victims and their counselors.
Sec.40154.Information programs.
Sec.40155.Education and prevention grants to reduce sexual abuse of runaway,
homeless, and street youth.
Sec.40156.Victims of child abuse programs.
SUBTITLE B-SAFE HOMES FOR WOMEN
Sec.40201.Short title.
CHAPTER 1-NATIONAL DOMESTIC VIOLENCE HOTLINE
Sec.40211.Grant for a national domestic violence hotline.
CHAPTER 2-INTERSTATE ENFORCEMENT
Sec.40221.Interstate enforcement.
CHAPTER 3-ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Sec.40231.Encouraging arrest policies.
CHAPTER 4-SHELTER GRANTS
Sec.40241.Grants for battered women's shelters.
CHAPTER 5-YOUTH EDUCATION
Sec.40251.Youth education and domestic violence.
CHAPTER 6-COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
Sec.40261. Establishment of community programs on domestic violence.
CHAPTER 7-FAMILY VIOLENCE PREVENTION AND SERVICES ACT
AMENDMENTS
Sec.40271.Grantee reporting.
Sec.40272.Technical amendments.
CHAPTER 8-CONFIDENTIALITY FOR ABUSED PERSONS
Sec.40281.Confidentiality of abused person's address.
CHAPTER 9-DATA AND RESEARCH
Sec.40291.Research agenda.
Sec.40292.State databases.
Sec.40293.Number and cost of injuries.
CHAPTER 10-RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT
Sec.40295.Rural domestic violence and child abuse enforcement assistance.
SUBTITLE C-CIVIL RIGHTS FOR WOMEN
Sec.40301.Short title.
Sec.40302.Civil rights.
Sec.40303.Attorney's fees.
Sec.40304.Sense of the Senate concerning protection of the privacy of rape
victims.
SUBTITLE D-EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
Sec.40401.Short title.
CHAPTER 1-EDUCATION AND TRAINING FOR JUDGES AND COURT
PERSONNEL IN STATE COURTS
Sec.40411.Grants authorized.
Sec.40412.Training provided by grants.
Sec.40413.Cooperation in developing programs in making grants under this
title.
Sec.40414.Authorization of appropriations.
CHAPTER 2-EDUCATION AND TRAINING FOR JUDGES AND COURT
PERSONNEL IN FEDERAL COURTS
Sec.40421.Authorizations of circuit studies; education and training grants.
Sec.40422.Authorization of appropriations.
SUBTITLE E-VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
Sec.40501.Pre-trial detention in sex offense cases.
Sec.40502.Increased penalties for sex offenses against victims below the age
of 16.
Sec.40503.Payment of cost of testing for sexually transmitted diseases.
Sec.40504.Extension and strengthening of restitution.
Sec.40505.Enforcement of restitution orders through suspension of Federal
benefits.
Sec.40506.National baseline study on campus sexual assault.
Sec.40507.Report on battered women's syndrome.
Sec.40508.Report on confidentiality of addresses for victims of domestic
violence.
Sec.40509.Report on recordkeeping relating to domestic violence.
SUBTITLE F-NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
Sec.40601.Authorizing access to Federal criminal information databases.
Sec.40602.Grant program.
Sec.40603.Authorization of appropriations.
Sec.40604.Application requirements.
Sec.40605.Disbursement.
Sec.40606.Technical assistance, training, and evaluations.
Sec.40607.Training programs for judges.
Sec.40608.Recommendations on intrastate communication.
Sec.40609.Inclusion in national incident-based reporting system.
Sec.40610.Report to Congress.
Sec.40611.Definitions.
SUBTITLE G-PROTECTIONS FOR BATTERED IMMIGRANT WOMEN AND
CHILDREN
Sec.40701.Alien petitioning rights for immediate relative or second
preference status.
Sec.40702.Use of credible evidence in spousal waiver applications.
Sec.40703.Suspension of deportation.
TITLE V-DRUG COURTS
Sec.50001.Drug courts.
Sec.50002.Study by the General Accounting Office.
TITLE VI-DEATH PENALTY
Sec.60001.Short title.
Sec.60002.Constitutional procedures for the imposition of the sentence of
death.
Sec.60003.Specific offenses for which death penalty is authorized.
Sec.60004.Applicability to Uniform Code of Military Justice.
Sec.60005.Death penalty for murder by a Federal prisoner.
Sec.60006.Death penalty for civil rights murders.
Sec.60007.Death penalty for the murder of Federal law enforcement officials.
Sec.60008.New offense for the indiscriminate use of weapons to further drug
conspiracies.
Sec.60009.Foreign murder of United States nationals.
Sec.60010.Death penalty for rape and child molestation murders.
Sec.60011.Death penalty for sexual exploitation of children.
Sec.60012.Murder by escaped prisoners.
Sec.60013.Death penalty for gun murders during Federal crimes of violence
and drug trafficking crimes.
Sec.60014.Homicides and attempted homicides involving firearms in Federal
facilities.
Sec.60015.Death penalty for the murder of State or local officials assisting
Federal law enforcement officials and State correctional officers.
Sec.60016.Protection of court officers and jurors.
Sec.60017.Prohibition of retaliatory killings of witnesses, victims, and
informants.
Sec.60018.Death penalty for murder of Federal witnesses.
Sec.60019.Offenses of violence against maritime navigation or fixed
platforms.
Sec.60020.Torture.
Sec.60021.Violence at airports serving international civil aviation.
Sec.60022.Terrorist Death Penalty Act.
Sec.60023.Weapons of mass destruction.
Sec.60024.Enhanced penalties for alien smuggling.
Sec.60025.Protection of jurors and witnesses in capital cases.
Sec.60026.Appointment of Counsel.
TITLE VII-MANDATORY LIFE IMPRISONMENT FOR PERSONS
CONVICTED OF CERTAIN FELONIES
Sec.70001.Mandatory life imprisonment for persons convicted of certain
felonies.
Sec.70002.Limited grant of authority to Bureau of Prisons.
TITLE VIII-APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
CERTAIN CASES
Sec.80001.Limitation on applicability of mandatory minimum penalties in
certain cases.
TITLE IX-DRUG CONTROL
SUBTITLE A-ENHANCED PENALTIES AND GENERAL PROVISIONS
Sec.90101.Enhancement of penalties for drug trafficking in prisons.
Sec.90102.Increased penalties for drug-dealing in "drug-free" zones.
Sec.90103.Enhanced penalties for illegal drug use in Federal prisons and for
smuggling drugs into Federal prisons.
Sec.90104.Clarification of narcotic or other dangerous drugs under RICO.
Sec.90105.Conforming amendments to recidivist penalty provisions of the
controlled substances act and the controlled substances import and export
act.
Sec.90106.Advertising.
Sec.90107.Violent crime and drug emergency areas.
SUBTITLE B-NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS
Sec.90201.Implementation of National Drug Control Strategy.
Sec.90202.Report on reprogramming; office personnel restriction.
Sec.90203.National Drug Control Strategy outcome measures.
Sec.90204.Counter-Drug Technology Assessment Center.
Sec.90205.Special Forfeiture Fund amendments.
Sec.90206.Authorization of appropriations.
Sec.90207.Adequate staffing of the Office of National Drug Control Policy.
Sec.90208.Termination of Office of National Drug Control Policy.
TITLE X-DRUNK DRIVING PROVISIONS
Sec.100001.Short title.
Sec.100002.State laws applied in areas of Federal jurisdiction.
Sec.100003.Driving while intoxicated prosecution program.
TITLE XI-FIREARMS
SUBTITLE A-ASSAULT WEAPONS
Sec.110101.Short title.
Sec.110102.Restriction on manufacture, transfer, and possession of certain
semiautomatic assault weapons.
Sec.110103.Ban of large capacity ammunition feeding devices.
Sec.110104.Study by attorney general.
Sec.110105.Effective date.
Sec.110106.Appendix a to section 922 of title 18.
SUBTITLE B-YOUTH HANDGUN SAFETY
Sec.110201.Prohibition of the possession of a handgun or ammunition by, or
the private transfer of a handgun or ammunition to, a juvenile.
SUBTITLE C-LICENSURE
Sec.110301.Firearms licensure and registration to require a photograph and
fingerprints.
Sec.110302.Compliance with State and local law as a condition to license.
Sec.110303.Action on firearms license application.
Sec.110304.Inspection of firearms licensees' inventory and records.
Sec.110305.Reports of theft or loss of firearms.
Sec.110306.Responses to requests for information.
Sec.110307.Notification of names and addresses of firearms licensees.
SUBTITLE D-DOMESTIC VIOLENCE
Sec.110401.Prohibition against disposal of firearms to, or receipt of
firearms by, persons who have committed domestic abuse.
SUBTITLE E-GUN CRIME PENALTIES
Sec.110501.Enhanced penalty for use of a semiautomatic firearm during a
crime of violence or a drug trafficking crime.
Sec.110502.Enhanced penalty for second offense of using an explosive to
commit a felony.
Sec.110503.Smuggling firearms in aid of drug trafficking.
Sec.110504.Theft of firearms and explosives.
Sec.110505.Revocation of supervised release after imprisonment.
Sec.110506.Revocation of probation.
Sec.110507.Increased penalty for knowingly making false, material Statement
in connection with the acquisition of a firearm from a licensed dealer.
Sec.110508.Possession of explosives by felons and others.
Sec.110509.Summary destruction of explosives subject to forfeiture.
Sec.110510.Elimination of outmoded language relating to parole.
Sec.110511.Prohibition against transactions involving stolen firearms which
have moved in interstate or foreign commerce.
Sec.110512.Using a firearm in the commission of counterfeiting or forgery.
Sec.110513.Enhanced penalties for firearms possession by violent felons and
serious drug offenders.
Sec.110514.Receipt of firearms by nonresident.
Sec.110515.Theft of firearms or explosives from licensee.
Sec.110516.Disposing of explosives to prohibited persons.
Sec.110517.Increased penalty for interstate gun trafficking.
Sec.110518.Firearms and explosives conspiracy.
Sec.110519.Definition of armor piercing ammunition.
TITLE XII-TERRORISM
Sec.120001.Extension of the statute of limitation for certain terrorism
offenses.
Sec.120002.Jurisdiction over crimes against United States nationals on
certain foreign ships.
Sec.120003.Counterfeiting United States currency abroad.
Sec.120004.Sentencing guidelines increase for terrorist crimes.
Sec.120005.Providing material support to terrorists.
TITLE XIII-CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec.130001.Enhancement of penalties for failing to depart, or reentering,
after final order of deportation.
Sec.130002.Criminal alien tracking center.
Sec.130003.Alien witness cooperation and counterterrorism information.
Sec.130004.Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec.130005.Expeditious deportation for denied asylum applicants.
Sec.130006.Improving border controls.
Sec.130007.Expanded special deportation proceedings.
Sec.130008.Authority to accept certain assistance.
Sec.130009.Passport and visa offenses penalties improvement.
Sec.130010.Asylum.
TITLE XIV-YOUTH VIOLENCE
Sec.140001.Prosecution as adults of certain juveniles for crimes of
violence.
Sec.140002.Commencement of juvenile proceeding.
Sec.140003.Separation of juvenile from adult offenders.
Sec.140004.Bindover system for certain violent juveniles
Sec.140005.Amendment concerning records of crimes committed by juveniles.
Sec.140006.Increased penalties for employing children to distribute drugs
near schools and playgrounds.
Sec.140007.Increased penalties for travel act crimes involving violence and
conspiracy to commit contract killings.
Sec.140008.Solicitation of minor to commit crime.
TITLE XV-CRIMINAL STREET GANGS
Sec.150001.Criminal street gangs.
Sec.150002.Adult prosecution of serious juvenile offenders.
Sec.150003.Addition of anti-gang Byrne grant funding objective.
Sec.150006.Mentoring program.
Sec.150007.Juvenile anti-drug and anti-gang grants in federally assisted
low-income housing.
Sec.150008.Gang investigation coordination and information collection.
Sec.150009.Multijurisdictional gang task forces.
TITLE XVI-CHILD PORNOGRAPHY
Sec.160001.Penalties for international trafficking in child pornography.
Sec.160002.Sense of Congress concerning State legislation regarding child
pornography.
Sec.160003.Confirmation of intent of Congress in enacting sections 2252 and
2256 of title 18, United States code.
TITLE XVII-CRIMES AGAINST CHILDREN
SUBTITLE A-JACOB WETTERLING CRIMES AGAINST CHILDREN AND
SEXUALLY VIOLENT OFFENDER REGISTRATION ACT
Sec.170101.Establishment of program.
SUBTITLE B-ASSAULTS AGAINST CHILDREN
Sec.170201.Assaults against children.
SUBTITLE C-MISSING AND EXPLOITED CHILDREN
Sec.170301.Short title.
Sec.170302.Purpose.
Sec.170303.Establishment of task force.
TITLE XVIII-RURAL CRIME
SUBTITLE A-DRUG TRAFFICKING IN RURAL AREAS
Sec.180101.Authorizations for rural law enforcement agencies.
Sec.180102.Rural crime and drug enforcement task forces.
Sec.180103.Rural drug enforcement training.
Sec.180104.More agents for the Drug Enforcement Administration.
SUBTITLE B-DRUG FREE TRUCK STOPS AND SAFETY REST AREAS
Sec.180201.Drug free truck stops and safety rest areas.
SUBTITLE C-SENSE OF CONGRESS REGARDING FUNDING FOR RURAL
AREAS
Sec.180301.Funding for rural areas.
TITLE XIX-FEDERAL LAW ENFORCEMENT
Sec.190001.Federal judiciary and Federal law enforcement.
TITLE XX-POLICE CORPS AND LAW ENFORCEMENT OFFICERS
TRAINING AND EDUCATION
SUBTITLE A-POLICE CORPS
Sec.200101.Short title.
Sec.200102.Purposes.
Sec.200103.Definitions.
Sec.200104.Establishment of office of the police corps and law enforcement
education.
Sec.200105.Designation of lead agency and submission of State plan.
Sec.200106.Scholarship assistance.
Sec.200107.Selection of participants.
Sec.200108.Police corps training.
Sec.200109.Service obligation.
Sec.200110.State plan requirements.
Sec.200111.Assistance to States and localities employing police corps
officers.
Sec.200112.Authorization of appropriations.
Sec.200113.Reports to congress.
SUBTITLE B-LAW ENFORCEMENT SCHOLARSHIP PROGRAM
Sec.200201.Short title.
Sec.200202.Definitions.
Sec.200203.Allotment.
Sec.200204.Establishment of program.
Sec.200205.Scholarships.
Sec.200206.Eligibility.
Sec.200207.State application.
Sec.200208.Local application.
Sec.200209.Scholarship agreement.
Sec.200210.Authorization of appropriations.
TITLE XXI-STATE AND LOCAL LAW ENFORCEMENT
SUBTITLE A-BYRNE PROGRAM
Sec.210101.Extension of Byrne Grant funding.
SUBTITLE B-LAW ENFORCEMENT FAMILY SUPPORT
Sec.210201.Law enforcement family support.
SUBTITLE C-DNA IDENTIFICATION
Sec.210301.Short title.
Sec.210302.Funding to improve the quality and availability of DNA analyses
for law enforcement identification purposes.
Sec.210303.Quality assurance and proficiency testing standards.
Sec.210304.Index to facilitate law enforcement exchange of DNA
identification information.
Sec.210305.Federal Bureau of Investigation.
Sec.210306.Authorization of appropriations.
SUBTITLE D-POLICE PATTERN OR PRACTICE
Sec.210401.Cause of action.
Sec.210402.Data on use of excessive force.
SUBTITLE E-IMPROVED TRAINING AND TECHNICAL AUTOMATION
Sec.210501.Improved training and technical automation.
SUBTITLE F-OTHER STATE AND LOCAL AID
Sec.210601.Reauthorization of Office of Justice Programs.
Sec.210602.Federal assistance to ease the increased burdens on State court
systems resulting from enactment of this act.
Sec.210603.Availability of violent crime reduction trust fund to fund
activities authorized by the Brady Handgun Violence Prevention Act and the
National Child Protection Act of 1993.
TITLE XXII-MOTOR VEHICLE THEFT PREVENTION
Sec.220001.Short title.
Sec.220002.Motor vehicle theft prevention program.
Sec.220003.Altering or removing motor vehicle identification numbers.
TITLE XXIII-VICTIMS OF CRIME
SUBTITLE A-VICTIMS OF CRIME
Sec.230101.Victim's right of allocution in sentencing.
Sec.230102.Sense of the Senate concerning the right of a victim of a violent
crime or sexual abuse to speak at an offender's sentencing hearing and any
parole hearing.
SUBTITLE B-CRIME VICTIMS' FUND
Sec.230201.Allocation of funds for costs and grants.
Sec.230202.Relationship of crime victim compensation to certain Federal
programs.
Sec.230203.Administrative costs for crime victim compensation.
Sec.230204.Grants for demonstration projects.
Sec.230205.Administrative costs for crime victim assistance.
Sec.230206.Maintenance of effort.
Sec.230207.Change of due date for required report.
Sec.230208.Amendment of the Victims of Crime Act.
TITLE XXIV-PROTECTIONS FOR THE ELDERLY
Sec.240001.Missing Alzheimer's Disease Patient Alert Program.
Sec.240002.Crimes against the elderly.
TITLE XXV-SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec.250001.Short title.
Sec.250002.Enhanced penalties for telemarketing fraud.
Sec.250003.Increased penalties for fraud against older victims.
Sec.250004.Rewards for information leading to prosecution and conviction.
Sec.250005.Authorization of appropriations.
Sec.250006.Broadening application of mail fraud statute.
Sec.250007.Fraud and related activity in connection with access devices.
Sec.250008.Information network.
TITLE XXVI-COMMISSION MEMBERSHIP AND APPOINTMENT
Sec.260001.Commission membership and appointment.
Sec.260002.Conforming amendment.
TITLE XXVII-PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL
COMMISSION ON CRIME PREVENTION AND CONTROL
Sec.270001.Presidential summit.
Sec.270002.Establishment; committees and task forces; representation.
Sec.270003.Purposes.
Sec.270004.Responsibilities of the commission.
Sec.270005.Administrative matters.
Sec.270006.Staff and support services.
Sec.270007.Powers.
Sec.270008.Report; termination.
Sec.270009.Authorization of appropriations.
TITLE XXVIII-SENTENCING PROVISIONS
Sec.280001.Imposition of sentence.
Sec.280002.Technical amendment to mandatory conditions of probation.
Sec.280003.Direction to United States Sentencing Commission regarding
sentencing enhancements for hate crimes.
Sec.280004.Authorization of probation for petty offenses in certain cases.
Sec.280005.Full-time vice chairs of the United States Sentencing Commission.
Sec.280006.Cocaine penalty study.
TITLE XXIX-COMPUTER CRIME
Sec.290001.Computer Abuse Amendments Act of 1994.
TITLE XXX-PROTECTION OF PRIVACY OF INFORMATION IN STATE
MOTOR VEHICLE RECORDS
Sec.300001.Short title.
Sec.300002.Prohibition on release and use of certain personal information
from State motor vehicle records.
Sec.300003.Effective date.
TITLE XXXI-VIOLENT CRIME REDUCTION TRUST FUND
Sec.310001.Creation of Violent Crime Reduction Trust Fund.
Sec.310002.Conforming reduction in discretionary spending limits.
Sec.310003.Extension of authorizations of appropriations for fiscal years
for which the full amount authorized is not appropriated.
Sec.310004.Flexibility in making of appropriations.
TITLE XXXII-MISCELLANEOUS
SUBTITLE A-INCREASES IN PENALTIES
Sec.320101.Increased penalties for assault.
Sec.320102.Increased penalties for manslaughter.
Sec.320103.Increased penalties for civil rights violations.
Sec.320104.Penalties for trafficking in counterfeit goods and services.
Sec.320105.Increased penalty for conspiracy to commit murder for hire.
Sec.320106.Increased penalties for arson.
Sec.320107.Increased penalties for drug trafficking near public housing.
Sec.320108.Task force and criminal penalties relating to the introduction of
nonindigenous species.
Sec.320109.Military medals and decorations.
SUBTITLE B-EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES
Sec.320201.Extension of protection of civil rights statutes.
SUBTITLE C-AUDIT AND REPORT
Sec.320301.Audit requirement for State and local law enforcement agencies
receiving Federal asset forfeiture funds.
Sec.320302.Report to Congress on administrative and contracting expenses.
SUBTITLE D-COORDINATION
Sec.320401.Coordination of substance abuse treatment and prevention
programs.
SUBTITLE E-GAMBLING
Sec.320501.Clarifying amendment regarding scope of prohibition against
gambling on ships in international waters.
SUBTITLE F-WHITE COLLAR CRIME AMENDMENTS
Sec.320601.Receiving the proceeds of extortion or kidnapping.
Sec.320602.Receiving the proceeds of a postal robbery.
Sec.320603.Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
Sec.320604.Miscellaneous amendments to title 18, United States Code.
Sec.320605.Federal Deposit Insurance Act amendment.
Sec.320606.Federal Credit Union Act amendments.
Sec.320607.Addition of predicate offenses to financial institutions rewards
statute.
Sec.320608.Definition of "savings and loan association" for purposes of the
offense of bank robbery and related offenses.
Sec.320609.Definition of 1-year period for purposes of the offense of
obstruction of a Federal audit.
SUBTITLE G-SAFER STREETS AND NEIGHBORHOODS
Sec.320701.Short title.
Sec.320702.Limitation on grant distribution.
SUBTITLE H-RECREATIONAL HUNTING SAFETY
Sec.320801.Short title.
Sec.320802.Obstruction of a lawful hunt.
Sec.320803.Civil penalties.
Sec.320804.Other relief.
Sec.320805.Relationship to State and local law and civil actions.
Sec.320806.Regulations.
Sec.320807.Rule of construction.
Sec.320808.Definitions.
SUBTITLE I-OTHER PROVISIONS
Sec.320901.Wiretaps.
Sec.320902.Theft of major artwork.
Sec.320903.Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate inconsistencies and gaps in coverage.
Sec.320904.Gun-free school zones.
Sec.320905.Interstate wagering.
Sec.320906.Sense of Congress with respect to violence against truckers.
Sec.320907.Sense of the Senate regarding a study on out-of-wedlock births.
Sec.320908.Sense of the Senate regarding the role of the united nations in
international organized crime control.
Sec.320909.Optional venue for espionage and related offenses.
Sec.320910.Undercover operations.
Sec.320911.Misuse of initials "DEA".
Sec.320912.Definition of livestock.
Sec.320913.Asset forfeiture.
Sec.320914.Clarification of definition of a "court of the United States" to
include the district courts for Guam, the Northern Mariana Islands, and the
Virgin Islands.
Sec.320915.Law enforcement personnel.
Sec.320916.Authority to investigate violent crimes against travelers.
Sec.320917.Extension of statute of limitations for arson.
Sec.320918.Sense of Congress concerning child custody and visitation rights.
Sec.320919.Edward Byrne Memorial Formula Grant Program.
Sec.320920.Sense of the senate regarding Law Day U.S.A.
Sec.320921.First time domestic violence offender rehabilitation program.
Sec.320922.Display of flags at halfstaff.
Sec.320923.Financial institution fraud.
Sec.320924.Definition of parent for the purposes of the offense of
kidnapping.
Sec.320926.Hate Crime Statistics Act.
Sec.320927.Exemption from Brady background check requirement of return of
handgun to owner.
Sec.320928.Amendment of the National Child Protection Act of 1993.
Sec.320929.Tennessee Valley Authority law enforcement personnel.
Sec.320932.Assistant United States attorney residency.
Sec.320933.Labels on products.
Sec.320934.Non-dischargeability of payment of restitution order.
Sec.320935.Admissibility of evidence of similar crimes in sex offense cases.
TITLE XXXIII-TECHNICAL CORRECTIONS
Sec.330001.Amendments relating to Federal financial assistance for law
enforcement.
Sec.330002.General title 18 corrections.
Sec.330003.Corrections of erroneous cross references and misdesignations.
Sec.330004.Repeal of obsolete provisions in title 18.
Sec.330005.Correction of drafting error in the Foreign Corrupt Practices
Act.
Sec.330006.Elimination of redundant penalty provision in 18 U.S.C.1116.
Sec.330007.Elimination of redundant penalty.
Sec.330008.Corrections of misspellings and grammatical errors.
Sec.330009.Other technical amendments.
Sec.330010.Correction of errors found during codification.
Sec.330011.Problems related to execution of prior amendments.
Sec.330012.Amendment to section 1956 of title 18 to eliminate duplicate
predicate crimes.
Sec.330013.Amendments to part V of title 18.
Sec.330014.Update of cross reference.
Sec.330015.Correction of error in amendatory language.
Sec.330016.Correction of misleading and outmoded fine amounts in offenses
under title 18.
Sec.330017.Technical corrections to title 31 crimes.
Sec.330018.Repeal of superfluous statute of limitation and transfer of child
abuse statute of limitation.
Sec.330019.Technical errors in section 1956.
Sec.330020.Technical error.
Sec.330021.Conforming spelling of variants of "kidnap".
Sec.330022.Margin error.
Sec.330023.Technical corrections relating to section 248 of title 18, United
States Code.
Sec.330024.Technical amendments necessitated by the enactment of the
Domestic Chemical Diversion Control Act of 1993.
Sec.330025.Victims of Crime Act.
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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.
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"SEC. 1702. APPLICATIONS.
"(a) IN GENERAL.-No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney General.
"(b) APPLICATION.-An application for a grant under this part shall be
submitted in such form, and contain such information, as the Attorney General
may prescribe by regulation or guidelines.
"(c) CONTENTS.-In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under this
part shall-
"(1) include a long-term strategy and detailed implementation plan that
reflects consultation with community groups and appropriate private and
public agencies and reflects consideration of the statewide strategy under
section 503(a)(1);
"(2) demonstrate a specific public safety need;
"(3) explain the applicant's inability to address the need without Federal
assistance;
"(4) identify related governmental and community initiatives which
complement or will be coordinated with the proposal;
"(5) certify that there has been appropriate coordination with all
affected agencies;
"(6) outline the initial and ongoing level of community support for
implementing the proposal including financial and in-kind contributions or
other tangible commitments;
"(7) specify plans for obtaining necessary support and continuing the
proposed program, project, or activity following the conclusion of Federal
support;
"(8) if the application is for a grant for hiring or rehiring additional
career law enforcement officers, specify plans for the assumption by the
applicant of a progressively larger share of the cost in the course of time,
looking toward the continuation of the increased hiring level using State or
local sources of funding following the conclusion of Federal support;
"(9) assess the impact, if any, of the increase in police resources on
other components of the criminal justice system;
"(10) explain how the grant will be utilized to reorient the affected law
enforcement agency's mission toward community-oriented policing or enhance
its involvement in or commitment to community-oriented policing; and
"(11) provide assurances that the applicant will, to the extent
practicable, seek, recruit, and hire members of racial and ethnic minority
groups and women in order to increase their ranks within the sworn positions
in the law enforcement agency.
"(d) SPECIAL PROVISIONS.-
"(1) SMALL JURISDICTIONS.-Notwithstanding any other provision of this
part, in relation to applications under this part of units of local
government or law enforcement agencies having jurisdiction over areas with
population of less than 50,000, the Attorney General may waive 1 or more of
the requirements of subsection (c) and may otherwise make special provisions
to facilitate the expedited submission, processing, and approval of such
applications.
"(2) SMALL GRANT AMOUNT.-Notwithstanding any other provision of this part,
in relation to applications under section 1701(d) for grants of less
than $1,000,000, the Attorney General may waive 1 or more of the requirements
of subsection (c) and may otherwise make special provisions to facilitate the
expedited submission, processing, and approval of such applications.
"SEC. 1703. RENEWAL OF GRANTS.
"(a) IN GENERAL.-Except for grants made for hiring or rehiring additional
career law enforcement officers, a grant under this part may be renewed for
up to 2 additional years after the first fiscal year during which a recipient
receives its initial grant, if the Attorney General determines that the funds
made available to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.
"(b) GRANTS FOR HIRING.-Grants made for hiring or rehiring additional
career law enforcement officers may be renewed for up to 5 years, subject to
the requirements of subsection (a), but notwithstanding the limitation in
that subsection concerning the number of years for which grants may be
renewed.
"(c) MULTIYEAR GRANTS.-A grant for a period exceeding 1 year may be
renewed as provided in this section, except that the total duration of such a
grant including any renewals may not exceed 3 years, or 5 years if it is a
grant made for hiring or rehiring additional career law enforcement officers.
[pH8778]
"SEC. 1704. LIMITATION ON USE OF FUNDS.
"(a) NONSUPPLANTING REQUIREMENT.-Funds made available under this part to
States or units of local government shall not be used to supplant State or
local funds, or, in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received under this part,
be made available from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of Indian Affairs.
"(b) NON-FEDERAL COSTS.-
"(1) IN GENERAL.-States and units of local government may use assets
received through the Assets Forfeiture equitable sharing program to provide
the non-Federal share of the cost of programs, projects, and activities
funded under this part.
"(2) INDIAN TRIBAL GOVERNMENTS.-Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any Indian lands may
be used to provide the non-Federal share of the cost of programs or projects
funded under this part.
"(c) HIRING COSTS.-Funding provided under this part for hiring or rehiring
a career law enforcement officer may not exceed $75,000, unless the Attorney
General grants a waiver from this limitation.
"SEC. 1705. PERFORMANCE EVALUATION.
"(a) MONITORING COMPONENTS.-Each program, project, or activity funded
under this part shall contain a monitoring component, developed pursuant to
guidelines established by the Attorney General. The monitoring required by
this subsection shall include systematic identification and collection of
data about activities, accomplishments, and programs throughout the life of
the program, project, or activity and presentation of such data in a usable
form.
"(b) EVALUATION COMPONENTS.-Selected grant recipients shall be evaluated
on the local level or as part of a national evaluation, pursuant to
guidelines established by the Attorney General. Such evaluations may include
assessments of individual program implementations. In selected jurisdictions
that are able to support outcome evaluations, the effectiveness of funded
programs, projects, and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life measures,
community perceptions, and police perceptions of their own work.
"(c) PERIODIC REVIEW AND REPORTS.-The Attorney General may require a grant
recipient to submit to the Attorney General the results of the monitoring and
evaluations required under subsections (a) and (b) and such other data and
information as the Attorney General deems reasonably necessary.
"SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.
"If the Attorney General determines, as a result of the reviews required
by section 1705, or otherwise, that a grant recipient under this part is not
in substantial compliance with the terms and requirements of an approved
grant application submitted under section 1702, the Attorney General may
revoke or suspend funding of that grant, in whole or in part.
"SEC. 1707. ACCESS TO DOCUMENTS.
"(a) BY THE ATTORNEY GENERAL.-The Attorney General shall have access for
the purpose of audit and examination to any pertinent books, documents,
papers, or records of a grant recipient under this part and to the pertinent
books, documents, papers, or records of State and local governments, persons,
businesses, and other entities that are involved in programs, projects, or
activities for which assistance is provided under this part.
"(b) BY THE COMPTROLLER GENERAL.-Subsection (a) shall apply with respect
to audits and examinations conducted by the Comptroller General of the United
States or by an authorized representative of the Comptroller General.
"SEC. 1708. GENERAL REGULATORY AUTHORITY.
"The Attorney General may promulgate regulations and guidelines to carry
out this part.
"SEC. 1709. DEFINITIONS.
"In this part-
"`career law enforcement officer' means a person hired on a permanent
basis who is authorized by law or by a State or local public agency to engage
in or supervise the prevention, detection, or investigation of violations of
criminal laws.
"`citizens' police academy' means a program by local law enforcement
agencies or private non profit organizations in which citizens, especially
those who participate in neighborhood watch programs, are trained in ways of
facilitating communication between the community and local law enforcement in
the prevention of crime.
"`Indian tribe' means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.".
(b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et seq.) is
amended by striking the item relating to part Q and inserting the following:
"PART Q-PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE
BEAT'
"Sec.1701.Authority to make public safety and community policing grants.
"Sec.1702.Applications.
"Sec.1703.Renewal of grants.
"Sec.1704.Limitation on use of funds.
"Sec.1705.Performance evaluation.
"Sec.1706.Revocation or suspension of funding.
"Sec.1707.Access to documents.
"Sec.1708.General regulatory authority.
"Sec.1709.Definition.
"PART R-TRANSITION; EFFECTIVE DATE; REPEALER
"Sec.1801.Continuation of rules, authorities, and proceedings.".
(c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended-
(1) in paragraph (3) by striking "and O" and inserting "O, P, and Q"; and
(2) by adding at the end the following new paragraph:
"(11)(A) There are authorized to be appropriated to carry out part Q, to
remain available until expended-
"(i) $1,332,000,000 for fiscal year 1995;
"(ii) $1,850,000,000 for fiscal year 1996;
"(iii) $1,950,000,000 for fiscal year 1997;
"(iv) $1,700,000,000 for fiscal year 1998;
"(v) $1,700,000,000 for fiscal year 1999; and
"(vi) $268,000,000 for fiscal year 2000.
"(B) Of funds available under part Q in any fiscal year, up to 3 percent
may be used for technical assistance under section 1701(f) or for evaluations
or studies carried out or commissioned by the Attorney General in furtherance
of the purposes of part Q. Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications submitted by units of local
government or law enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities that serve
areas with populations exceeding 150,000, and 50 percent shall be allocated
for grants pursuant to applications submitted by units of local government or
law enforcement agencies having jurisdiction over areas with populations
150,000 or less or by public and private entities that serve areas with
populations 150,000 or less. Of the funds available in relation to grants
under part Q, at least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may be applied to
other grants in furtherance of the purposes of part Q. In view of the
extraordinary need for law enforcement assistance in Indian country, an
appropriate amount of funds available under part Q shall be made available
for grants to Indian tribal governments or tribal law enforcement agencies.".
TITLE II-PRISONS
Subtitle A-Violent Offender Incarceration and Truth in
Sentencing Incentive Grants
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) GRANT AUTHORIZATION.-The Attorney General may make grants to
individual States and to States organized as multi-State compacts to
construct, develop, expand, modify, operate, or improve correctional
facilities, including boot camp facilities and other alternative correctional
facilities that can free conventional prison space for the confinement of
violent offenders, to ensure that prison cell space is available for the
confinement of violent offenders and to implement truth in sentencing laws
for sentencing violent offenders.
(b) ELIGIBILITY.-To be eligible to receive a grant under this subtitle, a
State or States organized as multi-State compacts shall submit an application
to the Attorney General which includes-
(1) assurances that the State or States have implemented, or will
implement, correctional policies and programs, including truth in sentencing
laws that ensure that violent offenders serve a substantial portion of the
sentences imposed, that are designed to provide sufficiently severe
punishment for violent offenders, including violent juvenile offenders, and
that the prison time served is appropriately related to the determination
that the inmate is a violent offender and for a period of time deemed
necessary to protect the public;
(2) assurances that the State or States have implemented policies that
provide for the recognition of the rights and needs of crime victims;
(3) assurances that funds received under this section will be used to
construct, develop, expand, modify, operate, or improve correctional
facilities to ensure that prison cell space is available for the confinement
of violent offenders;
(4) assurances that the State or States have a comprehensive correctional
plan which represents an integrated approach to the management and operation
of correctional facilities and programs and which includes diversion
programs, particularly drug diversion programs, community corrections
programs, a prisoner screening and security classification system,
appropriate professional training for corrections officers in dealing with
violent offenders, prisoner rehabilitation and treatment programs, prisoner
work activities (including, to the extent practicable, activities relating to
the development, expansion, modification, or improvement of correctional
facilities) and job skills programs, educational programs, a pre-release
prisoner assessment to provide risk reduction management, post-release
assistance, and an assessment of recidivism rates;
(5) assurances that the State or States have involved counties and other
units of local government, when appropriate, in the construction,
development, expansion, modification, operation or improvement of
correctional facilities designed to ensure the incarceration of violent
offenders, and that the State or States will share funds received under this
section with counties and other units of local government, taking into
account the burden placed on these units of government when they are required
to confine sentenced prisoners because of overcrowding in State prison
facilities;
(6) assurances that funds received under this section will be used to
supplement, not supplant, other Federal, State, and local funds;
(7) assurances that the State or States have implemented, or will
implement within 18 months after the date of the enactment of this Act,
policies to determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which they are
entitled;
(8) if applicable, documentation of the multi-State compact agreement that
specifies the construction, development, expansion, modification, operation,
or improvement of correctional facilities; and
(9) if applicable, a description of the eligibility criteria for prisoner
participation in any boot camp that is to be funded.
(c) CONSIDERATION.-The Attorney General, in making such grants, shall give
consideration to the special burden placed on States which incarcerate a
substantial number of inmates who are in the United States illegally.
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SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) TRUTH IN SENTENCING GRANT PROGRAM.-Fifty percent of the total amount
of funds appropriated to carry out this subtitle for each of fiscal years
1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in
Sentencing Incentive Grants. To be eligible to receive such a grant, a State
must meet the requirements of section 20101(b) and shall demonstrate that the
State-
(1) has in effect laws which require that persons convicted of violent
crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993-
(A) has increased the percentage of convicted violent offenders sentenced
to prison;
(B) has increased the average prison time which will be served in prison
by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will be served in
prison by violent offenders sentenced to prison; and
(D) has in effect at the time of application laws requiring that a person
who is convicted of a violent crime shall serve not less than 85 percent of
the sentence imposed if-
(i) the person has been convicted on 1 or more prior occasions in a court of
the United States or of a State of a violent crime or a serious drug offense;
and
(ii) each violent crime or serious drug offense was committed after the
defendant's conviction of the preceding violent crime or serious drug
offense.
(b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS.-
(1) FORMULA ALLOCATION.-The amount available to carry out this section for
any fiscal year under subsection (a) shall be allocated to each eligible
State in the ratio that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for 1993 bears to the number of
part 1 violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
(2) TRANSFER OF UNUSED FUNDS.-On September 30 of each of fiscal years
1996, 1998, 1999, and 2000, the Attorney General shall transfer to the funds
to be allocated under section 20103(b)(1) any funds made available to carry
out this section that are not allocated to an eligible State under
paragraph (1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM.-Fifty percent of the
total amount of funds appropriated to carry out this subtitle for each of
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available
for Violent Offender Incarceration Grants. To be eligible to receive such a
grant, a State or States must meet the requirements of section 20101(b).
(b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS.-
(1) FORMULA ALLOCATION.-Eighty-five percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year under
subsection (a) and any amount transferred under section 20102(b)(2) for that
fiscal year shall be allocated as follows:
(A) 0.25 percent shall be allocated to each eligible State except that the
United States Virgin Islands, American Samoa, Guam and the Northern Mariana
Islands each shall be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A) shall be
allocated to each eligible State in the ratio that the number of part 1
violent crimes reported by such State to the Federal Bureau of Investigation
for 1993 bears to the number of part 1 violent crimes reported by all States
to the Federal Bureau of Investigation for 1993.
(2) DISCRETIONARY ALLOCATION.-Fifteen percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year under
subsection (a) and any amount transferred under section 20103(b)(3) for that
fiscal year shall be allocated at the discretion of the Attorney General to
States that have demonstrated the greatest need for such grants and the
ability to best utilize the funds to meet the objectives of the grant program
and ensure that prison cell space is available for the confinement of violent
offenders.
(3) TRANSFER OF UNUSED FORMULA FUNDS.-On September 30 of each of fiscal
years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer
to the discretionary program under paragraph (2) any funds made available for
allocation under paragraph (1) that are not allocated to an eligible State
under paragraph (1).
SEC. 20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle may not exceed
75 percent of the costs of a proposal described in an application approved
under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations regarding the
uses of grant funds received under this subtitle not later than 90 days after
the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall utilize
the best available comparable data regarding the number of violent crimes for
1993 for that State for the purposes of allocation of any funds under this
subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the National
Institute of Corrections and the Director of the Federal Bureau of Prisons
provide technical assistance and training to a State or States that receive a
grant under this subtitle to achieve the purposes of this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the National Institute of
Corrections to assist with an evaluation of programs established with funds
under this subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle-
"boot camp" means a correctional program of not more than 6 months'
incarceration involving-
(A) assignment for participation in the program, in conformity with State
law, by prisoners other than prisoners who have been convicted at any time of
a violent felony;
(B) adherence by inmates to a highly regimented schedule that involves
strict discipline, physical training, and work;
(C) participation by inmates in appropriate education, job training, and
substance abuse counseling or treatment; and
(D) post-incarceration aftercare services for participants that are
coordinated with the program carried out during the period of imprisonment.
"part 1 violent crimes" means murder and non-negligent manslaughter,
forcible rape, robbery, and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform Crime Reports.
"State" or "States" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle-
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
Subtitle B-Punishment for Young Offenders
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a), is amended-
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
"PART R-CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
"SEC. 1801. GRANT AUTHORIZATION.
"(a) IN GENERAL.-The Attorney General may make grants under this part to
States, for the use by States and units of local government, for the purpose
of developing alternative methods of punishment for young offenders to
traditional forms of incarceration and probation.
"(b) ALTERNATIVE METHODS.-The alternative methods of punishment referred
to in subsection (a) should ensure certain punishment for young offenders and
promote reduced recidivism, crime prevention, and assistance to victims,
particularly for young offenders who can be punished more effectively in an
environment other than a traditional correctional facility, including-
"(1) alternative sanctions that create accountability and certain
punishment for young offenders;
"(2) restitution programs for young offenders;
"(3) innovative projects, such as projects consisting of education and job
training activities for incarcerated young offenders, modeled, to the extent
practicable, after activities carried out under part B of title IV of the Job
Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.) and
projects that provide family counseling;
"(4) correctional options, such as community-based incarceration, weekend
incarceration, and electronic monitoring of offenders;
"(5) community service programs that provide work service placement for
young offenders at non-profit, private organizations and community
organizations;
"(6) innovative methods that address the problems of young offenders
convicted of serious substance abuse (including alcohol abuse) and
gang-related offenses; and
"(7) adequate and appropriate after care programs for young offenders,
such as substance abuse treatment, education programs, vocational training,
job placement counseling, family counseling and other support programs upon
release.
[pH8780]
"SEC. 1802. STATE APPLICATIONS.
"(a) IN GENERAL.-
"(1) SUBMISSION OF APPLICATION.-To request a grant under this part, the
chief executive of a State shall submit an application to the Attorney
General in such form and containing such information as the Attorney General
may reasonably require.
"(2) ASSURANCES.-An application under paragraph (1) shall include
assurances that Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be available
for activities funded under this part.
"(b) STATE OFFICE.-The office designated under section 507-
"(1) shall prepare the application as required under subsection (a); and
"(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund disbursement.
"SEC. 1803. REVIEW OF STATE APPLICATIONS.
"(a) IN GENERAL.-The Attorney General shall make a grant under section
1801(a) to carry out the projects described in the application submitted by
such applicant under section 1802 upon determining that-
"(1) the application is consistent with the requirements of this part; and
"(2) before the approval of the application, the Attorney General has made
an affirmative finding in writing that the proposed project has been reviewed
in accordance with this part.
"(b) APPROVAL.-Each application submitted under section 1802 shall be
considered approved, in whole or in part, by the Attorney General not later
than 45 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.
"(c) RESTRICTION.-Grant funds received under this part shall not be used
for land acquisition or construction projects, other than alternative
facilities described in section 1801(b).
"(d) DISAPPROVAL NOTICE AND RECONSIDERATION.-The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
"SEC. 1804. LOCAL APPLICATIONS.
"(a) IN GENERAL.-
"(1) SUBMISSION OF APPLICATION.-To request funds under this part from a
State, the chief executive of a unit of local government shall submit an
application to the office designated under section 1802(b).
"(2) APPROVAL.-An application under paragraph (1) shall be considered to
have been approved, in whole or in part, by the State not later than 45 days
after such application is first received unless the State informs the
applicant in writing of specific reasons for disapproval.
"(3) DISAPPROVAL.-The State shall not disapprove any application submitted
to the State without first affording the applicant reasonable notice and an
opportunity for reconsideration.
"(4) EFFECT OF APPROVAL.-If an application under subsection (a) is
approved, the unit of local government is eligible to receive funds under
this part.
"(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT.-A State that receives
funds under section 1801 in a fiscal year shall make such funds available to
units of local government with an application that has been submitted and
approved by the State within 45 days after the Attorney General has approved
the application submitted by the State and has made funds available to the
State. The Attorney General may waive the 45-day requirement in this section
upon a finding that the State is unable to satisfy such requirement under
State statutes.
"SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
"(a) STATE DISTRIBUTION.-Of the total amount appropriated under this part
in any fiscal year-
"(1) 0.4 percent shall be allocated to each of the participating States;
and
"(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating States
an amount which bears the same ratio to the amount of remaining funds
described in this paragraph as the number of young offenders of such State
bears to the number of young offenders in all the participating States.
"(b) LOCAL DISTRIBUTION.-
"(1) IN GENERAL.-A State that receives funds under this part in a fiscal
year shall distribute to units of local government in such State for the
purposes specified under section 1801 that portion of such funds which bears
the same ratio to the aggregate amount of such funds as the amount of funds
expended by all units of local government for correctional programs in the
preceding fiscal year bears to the aggregate amount of funds expended by the
State and all units of local government in such State for correctional
programs in such preceding fiscal year.
"(2) UNDISTRIBUTED FUNDS.-Any funds not distributed to units of local
government under paragraph (1) shall be available for expenditure by such
State for purposes specified under section 1801.
"(3) UNUSED FUNDS.- If the Attorney General determines, on the basis of
information available during any fiscal year, that a portion of the funds
allocated to a State for such fiscal year will not be used by such State or
that a State is not eligible to receive funds under section 1801, the
Attorney General shall award such funds to units of local government in such
State giving priority to the units of local government that the Attorney
General considers to have the greatest need.
"(c) GENERAL REQUIREMENT.-Notwithstanding subsections (a) and (b), not
less than two-thirds of funds received by a State under this part shall be
distributed to units of local government unless the State applies for and
receives a waiver from the Attorney General.
"(d) FEDERAL SHARE.-The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1802(a) for the fiscal year for which the
projects receive assistance under this part.
"(e) CONSIDERATION.-Notwithstanding subsections (a) and (b), in awarding
grants under this part, the Attorney General shall consider as a factor
whether a State has in effect throughout such State a law or policy that
requires that a juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of a firearm or
weapon on school property-
"(1) be suspended from school for a reasonable period of time; and
"(2) lose driving license privileges for a reasonable period of time.
"(f) DEFINITION.-For purposes of this part, `juvenile' means a person 18
years of age or younger.
"SEC. 1806. EVALUATION.
"(a) IN GENERAL.-
"(1) SUBMISSION TO THE DIRECTOR.-Each State and unit of local government
that receives a grant under this part shall submit to the Attorney General an
evaluation not later than March 1 of each year in accordance with guidelines
issued by the Attorney General. Such evaluation shall include an appraisal by
representatives of the community of the programs funded by the grant.
"(2) WAIVER.-The Attorney General may waive the requirement specified in
paragraph (1) if the Attorney General determines that such evaluation is not
warranted in the case of the State or unit of local government involved.
"(b) DISTRIBUTION.-The Attorney General shall make available to the public
on a timely basis evaluations received under subsection (a).
"(c) ADMINISTRATIVE COSTS.-A State or unit of local government may use not
more than 5 percent of funds it receives under this part to develop an
evaluation program under this section.".
(b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 10003(a), is amended by striking the matter relating to
part R and inserting the following:
"PART R-CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS
"Sec.1801.Grant authorization.
"Sec.1802.State applications.
"Sec.1803.Review of State applications.
"Sec.1804.Local applications.
"Sec.1805.Allocation and distribution of funds.
"Sec.1806.Evaluation.
"PART S-TRANSITION-EFFECTIVE DATE-REPEALER
"Sec.1901.Continuation of rules, authorities, and proceedings.".
(c) DEFINITION.-Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), is amended-
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking "and" at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23) and inserting a
semicolon; and
(4) by adding after paragraph (23) the following:
"(24) the term `young offender' means a non-violent first-time offender or
a non-violent offender with a minor criminal record who is 22 years of age or
younger (including juveniles).".
(d) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 10003(c), is amended-
(1) in paragraph (3) by striking "and Q" and inserting "Q, or R"; and
(2) by adding at the end the following new paragraph:
"(16) There are authorized to be appropriated to carry out projects under
part R-
"(A) $20,000,000 for fiscal year 1996;
"(B) $25,000,000 for fiscal year 1997;
"(C) $30,000,000 for fiscal year 1998;
"(D) $35,000,000 for fiscal year 1999; and
"(E) $40,000,000 for fiscal year 2000.".
Subtitle C-Alien Incarceration
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) INCARCERATION.-Section 242 of the Immigration and Nationality Act (8
U.S.C. 1252) is amended by adding at the end the following new subsection:
"(j) INCARCERATION.-
"(1) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect to the
incarceration of an undocumented criminal alien submits a written request to
the Attorney General, the Attorney General shall, as determined by the
Attorney General-
"(A) enter into a contractual arrangement which provides for compensation
to the State or a political subdivision of the State, as may be appropriate,
with respect to the incarceration of the undocumented criminal alien; or
"(B) take the undocumented criminal alien into the custody of the Federal
Government and incarcerate the alien.
"(2) Compensation under paragraph (1)(A) shall be the average cost of
incarceration of a prisoner in the relevant State as determined by the
Attorney General.
"(3) For purposes of this subsection, the term `undocumented criminal
alien' means an alien who-
"(A) has been convicted of a felony and sentenced to a term of
imprisonment; and
"(B)(i) entered the United States without inspection or at any time or
place other than as designated by the Attorney General;
"(ii) was the subject of exclusion or deportation proceedings at the time
he or she was taken into custody by the State or a political subdivision of
the State; or
"(iii) was admitted as a nonimmigrant and at the time he or she was taken
into custody by the State or a political subdivision of the State has failed
to maintain the nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the conditions of
any such status.
"(4)(A) In carrying out paragraph (1), the Attorney General shall give
priority to the Federal incarceration of undocumented criminal aliens who
have committed aggravated felonies.
"(B) The Attorney General shall ensure that undocumented criminal aliens
incarcerated in Federal facilities pursuant to this subsection are held in
facilities which provide a level of security appropriate to the crimes for
which they were convicted.
"(5) There are authorized to be appropriated such sums as may be necessary
to carry out this subsection, of which the following amounts may be
appropriated from the Violent Crime Reduction Trust Fund:
"(A) $130,000,000 for fiscal year 1995;
"(B) $300,000,000 for fiscal year 1996;
"(C) $330,000,000 for fiscal year 1997;
"(D) $350,000,000 for fiscal year 1998;
"(E) $350,000,000 for fiscal year 1999; and
"(F) $340,000,000 for fiscal year 2000."
(b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect
October 1, 1994.
(c) TERMINATION OF LIMITATION.-Notwithstanding section 242(j)(5) of the
Immigration and Nationality Act, as added by subsection (a), the requirements
of section 242(j) of the Immigration and Nationality Act, as added by
subsection (a), shall not be subject to the availability of appropriations on
and after October 1, 2004.
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Subtitle D-Miscellaneous Provisions
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code, is amended
by inserting after subsection (5) the following: "In designating the place of
imprisonment or making transfers under this subsection, there shall be no
favoritism given to prisoners of high social or economic status.".
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) IN GENERAL.-Chapter 303 of title 18, United States Code, is amended by
adding at the end the following new section:
"4047. Prison impact assessments
"(a) Any submission of legislation by the Judicial or Executive branch
which could increase or decrease the number of persons incarcerated in
Federal penal institutions shall be accompanied by a prison impact
statement (as defined in subsection (b)).
"(b) The Attorney General shall, in consultation with the Sentencing
Commission and the Administrative Office of the United States Courts, prepare
and furnish prison impact assessments under subsection (c) of this section,
and in response to requests from Congress for information relating to a
pending measure or matter that might affect the number of defendants
processed through the Federal criminal justice system. A prison impact
assessment on pending legislation must be supplied within 21 days of any
request. A prison impact assessment shall include-
"(1) projections of the impact on prison, probation, and post prison
supervision populations;
"(2) an estimate of the fiscal impact of such population changes on
Federal expenditures, including those for construction and operation of
correctional facilities for the current fiscal year and 5 succeeding fiscal
years;
"(3) an analysis of any other significant factor affecting the cost of the
measure and its impact on the operations of components of the criminal
justice system; and
"(4) a statement of the methodologies and assumptions utilized in
preparing the assessment.
"(c) The Attorney General shall prepare and transmit to the Congress, by
March 1 of each year, a prison impact assessment reflecting the cumulative
effect of all relevant changes in the law taking effect during the preceding
calendar year.".
(b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 303 is amended
by adding at the end the following new item:
"4047. Prison impact assessments.".
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
IMPRISONMENT, RELEASE, AND PROBATION.
(a) IMPOSITION OF SENTENCE.-Section 3572(a) of title 18, United States
Code, is amended-
(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively; and
(2) by inserting after paragraph (5) the following new paragraph:
"(6) the expected costs to the government of any imprisonment, supervised
release, or probation component of the sentence;".
(b) DUTIES OF THE SENTENCING COMMISSION.-Section 994 of title 28, United
States Code, is amended by adding at the end the following new subsection:
"(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the expected costs
to the Government of any imprisonment, supervised release, or probation
sentence that is ordered.".
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior to
November 1, 1987, the reference to supervised release in section 4042(b) of
title 18, United States Code, shall be deemed to be a reference to probation
or parole.
SEC. 20405. CREDITING OF "GOOD TIME".
Section 3624 of title 18, United States Code, is amended-
(1) by striking "he" each place it appears and inserting "the prisoner";
(2) by striking "his" each place it appears and inserting "the
prisoner's";
(3) in subsection (d) by striking "him" and inserting "the prisoner"; and
(4) in subsection (b)-
(A) in the first sentence by inserting "(other than a prisoner serving a
sentence for a crime of violence)" after "A prisoner"; and
(B) by inserting after the first sentence the following: "A prisoner who
is serving a term of imprisonment of more than 1 year for a crime of
violence, other than a term of imprisonment for the duration of the
prisoner's life, may receive credit toward the service of the prisoner's
sentence, beyond the time served, of up to 54 days at the end of each year of
the prisoner's term of imprisonment, beginning at the end of the first year
of the term, subject to determination by the Bureau of Prisons that, during
that year, the prisoner has displayed exemplary compliance with such
institutional disciplinary regulations.".
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
TECHNIQUES.
(a) TASK FORCE.-The Director of the National Institute of Corrections
shall, subject to availability of appropriations, establish a task force
composed of Federal, State, and local officials expert in prison
construction, and of at least an equal number of engineers, architects, and
construction experts from the private sector with expertise in prison design
and construction, including the use of cost-cutting construction
standardization techniques and cost-cutting new building materials and
technologies.
(b) COOPERATION.-The task force shall work in close cooperation and
communication with other State and local officials responsible for prison
construction in their localities.
(c) PERFORMANCE REQUIREMENTS.-The task force shall work to-
(1) establish and recommend standardized construction plans and techniques
for prison and prison component construction; and
(2) evaluate and recommend new construction technologies, techniques, and
materials,
to reduce prison construction costs at the Federal, State, and local
levels and make such construction more efficient.
(d) DISSEMINATION.-The task force shall disseminate information described
in subsection (c) to State and local officials involved in prison
construction, through written reports and meetings.
(e) PROMOTION AND EVALUATION.-The task force shall-
(1) work to promote the implementation of cost-saving efforts at the
Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of such
cost-saving efforts as adopted, broadly disseminating information on the
results; and
(3) to the extent feasible, certify the effectiveness of the cost-savings
efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) IN GENERAL.-In the administration of each grant program funded by
appropriations authorized by this Act or by an amendment made by this Act,
the Attorney General shall encourage-
(1) innovative methods for the low-cost construction of facilities to be
constructed, converted, or expanded and the low-cost operation of such
facilities and the reduction of administrative costs and overhead expenses;
and
(2) the use of surplus Federal property.
(b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DESIGNS.-The Attorney
General may make an assessment of the cost efficiency and utility of using
modular, prefabricated, precast, and pre-engineered construction components
and designs for housing nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT AND
THE NATIONAL LITERACY ACT OF 1991.
(a) TECHNICAL AMENDMENT.-The matter preceding paragraph (1) of section
214(d) of the Department of Education Organization Act (20 U.S.C. 3423a(d))
is amended by striking "under subsection (a)" and inserting "under
subsection (c)".
(b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS.-Section 601 of the National
Literacy Act of 1991 (20 U.S.C. 1211-2) is amended-
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new subsections:
"(g) PANEL.-The Secretary is authorized to consult with and convene a
panel of experts in correctional education, including program administrators
and field-based professionals in adult corrections, juvenile services, jails,
and community corrections programs, to-
"(1) develop measures for evaluating the effectiveness of the programs
funded under this section; and
"(2) evaluate the effectiveness of such programs.
"(h) USE OF FUNDS.-Notwithstanding any other provision of law, the
Secretary may use not more than five percent of funds appropriated under
subsection (i) in any fiscal year to carry out grant-related activities such
as monitoring, technical assistance, and replication and dissemination.".
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) AMENDMENT OF TITLE 18, UNITED STATES CODE.-Subchapter C of chapter 229
of part 2 of title 18, United States Code, is amended by adding at the end
the following new section:
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"3626. Appropriate remedies with respect to prison crowding
"(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAINTIFF IN PARTICULAR.-
"(1) HOLDING.-A Federal court shall not hold prison or jail crowding
unconstitutional under the eighth amendment except to the extent that an
individual plaintiff inmate proves that the crowding causes the infliction of
cruel and unusual punishment of that inmate.
"(2) RELIEF.-The relief in a case described in paragraph (1) shall extend
no further than necessary to remove the conditions that are causing the cruel
and unusual punishment of the plaintiff inmate.
"(b) INMATE POPULATION CEILINGS.-
"(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICULAR PRISONERS.-A
Federal court shall not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equitable remedial measure
for conditions that violate the eighth amendment unless crowding is
inflicting cruel and unusual punishment on particular identified prisoners.
"(2) RULE OF CONSTRUCTION.-Paragraph (1) shall not be construed to have
any effect on Federal judicial power to issue equitable relief other than
that described in paragraph (1), including the requirement of improved
medical or health care and the imposition of civil contempt fines or damages,
where such relief is appropriate.
"(c) PERIODIC REOPENING.-Each Federal court order or consent decree
seeking to remedy an eighth amendment violation shall be reopened at the
behest of a defendant for recommended modification at a minimum of 2-year
intervals.".
(b) APPLICATION OF AMENDMENT.-Section 3626 of title 18, United States
Code, as added by paragraph (1), shall apply to all outstanding court orders
on the date of enactment of this Act. Any State or municipality shall be
entitled to seek modification of any outstanding eighth amendment decree
pursuant to that section.
(c) TECHNICAL AMENDMENT.-The subchapter analysis for subchapter C of
chapter 229 of title 18, United States Code, is amended by adding at the end
the following new item:
"3626. Appropriate remedies with respect to prison crowding.".
(d) SUNSET PROVISION.-This section and the amendments made by this section
are repealed effective as of the date that is 5 years after the date of
enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) CONGRESSIONAL APPROVAL.-Notwithstanding any other provision of law,
the existing prison facilities and complex at the District of Columbia
Corrections Facility at Lorton, Virginia, shall not be expanded unless such
expansion has been approved by the Congress under the authority provided to
Congress in section 446 of the District of Columbia Self-Government and
Governmental Reorganization Act.
(b) SENATE HEARINGS.-The Senate directs the Subcommittee on the District
of Columbia of the Committee on Appropriations of the Senate to conduct
hearings regarding expansion of the prison complex in Lorton, Virginia, prior
to any approval granted pursuant to subsection (a). The subcommittee shall
permit interested parties, including appropriate officials from the County of
Fairfax, Virginia, to testify at such hearings.
(c) DEFINITION.-For purposes of this section, the terms "expanded"
and "expansion" mean any alteration of the physical structure of the prison
complex that is made to increase the number of inmates incarcerated at the
prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) IN GENERAL.-Section 401(b)(8) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(8)) is amended to read as follows:
"(8) No basic grant shall be awarded under this subpart to any individual
who is incarcerated in any Federal or State penal institution.".
(b) APPLICATION OF AMENDMENT.-The amendment made by this section shall
apply with respect to periods of enrollment beginning on or after the date of
enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is amended-
(1) by inserting "(1)" after "behavior.-";
(2) by striking "Such credit toward service of sentence vests at the time
that it is received. Credit that has vested may not later be withdrawn, and
credit that has not been earned may not later be granted." and
inserting "Credit that has not been earned may not later be granted."; and
(3) by adding at the end the following:
"(2) Credit toward a prisoner's service of sentence shall not be vested
unless the prisoner has earned or is making satisfactory progress toward a
high school diploma or an equivalent degree.
"(3) The Attorney General shall ensure that the Bureau of Prisons has in
effect an optional General Educational Development program for inmates who
have not earned a high school diploma or its equivalent.
"(4) Exemptions to the General Educational Development requirement may be
made as deemed appropriate by the Director of the Federal Bureau of
Prisons.".
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL
PRISON FACILITIES.
(a) STUDY OF SUITABLE BASES.-The Secretary of Defense and the Attorney
General shall jointly conduct a study of all military installations selected
before the date of enactment of this Act to be closed pursuant to a base
closure law for the purpose of evaluating the suitability of any of these
installations, or portions of these installations, for conversion into
Federal prison facilities. As part of the study, the Secretary and the
Attorney General shall identify the military installations so evaluated that
are most suitable for conversion into Federal prison facilities.
(b) SUITABILITY FOR CONVERSION.-In evaluating the suitability of a
military installation for conversion into a Federal prison facility, the
Secretary of Defense and the Attorney General shall consider the estimated
cost to convert the installation into a prison facility and such other
factors as the Secretary and the Attorney General consider to be appropriate.
(c) TIME FOR STUDY.-The study required by subsection (a) shall be
completed not later than the date that is 180 days after the date of
enactment of this Act.
(d) CONSTRUCTION OF FEDERAL PRISONS.-
(1) IN GENERAL.-In determining where to locate any new Federal prison
facility, and in accordance with the Department of Justice's duty to review
and identify a use for any portion of an installation closed pursuant to
title II of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526) and the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510), the
Attorney General shall-
(A) consider whether using any portion of a military installation closed
or scheduled to be closed in the region pursuant to a base closure law
provides a cost-effective alternative to the purchase of real property or
construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization and
redevelopment plan; and
(C) give consideration to any installation located in a rural area the
closure of which will have a substantial adverse impact on the economy of the
local communities and on the ability of the communities to sustain an
economic recovery from such closure.
(2) CONSENT.-With regard to paragraph (1)(B), consent must be obtained
from the local re-use authority for the military installation, recognized and
funded by the Secretary of Defense, before the Attorney General may proceed
with plans for the design or construction of a prison at the installation.
(3) REPORT ON BASIS OF DECISION.-Before proceeding with plans for the
design or construction of a Federal prison, the Attorney General shall submit
to Congress a report explaining the basis of the decision on where to locate
the new prison facility.
(4) REPORT ON COST-EFFECTIVENESS.-If the Attorney General decides not to
utilize any portion of a closed military installation or an installation
scheduled to be closed for locating a prison, the report shall include an
analysis of why installations in the region, the use of which as a prison
would be consistent with a reutilization and redevelopment plan, does not
provide a cost-effective alternative to the purchase of real property or
construction of new prison facilities.
(e) DEFINITION.-In this section, "base closure law" means-
(1) the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
(2) title II of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING-FEDERAL OFFENDERS.
(a) DRUG TESTING PROGRAM.-
(1) IN GENERAL.-Subchapter A of chapter 229 of title 18, United States
Code, is amended by adding at the end the following new section:
"3608. Drug testing of Federal offenders on post-conviction release
"The Director of the Administrative Office of the United States Courts, in
consultation with the Attorney General and the Secretary of Health and Human
Services, shall, subject to the availability of appropriations, establish a
program of drug testing of Federal offenders on post-conviction release. The
program shall include such standards and guidelines as the Director may
determine necessary to ensure the reliability and accuracy of the drug
testing programs. In each judicial district the chief probation officer shall
arrange for the drug testing of defendants on post-conviction release
pursuant to a conviction for a felony or other offense described in section
3563(a)(4).".
(2) TECHNICAL AMENDMENT.-The subchapter analysis for subchapter A of
chapter 229 of title 18, United States Code, is amended by adding at the end
the following new item:
"3608. Drug testing of Federal offenders on post-conviction release.".
(b) CONDITIONS OF PROBATION.-Section 3563(a) of title 18, United States
Code, is amended-
(1) in paragraph (2) by striking "and" after the semicolon;
(2) in paragraph (3) by striking the period and inserting "; and";
(3) by adding at the end the following new paragraph:
"(4) for a felony, a misdemeanor, or an infraction, that the defendant
refrain from any unlawful use of a controlled substance and submit to one
drug test within 15 days of release on probation and at least 2 periodic drug
tests thereafter (as determined by the court) for use of a controlled
substance, but the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the defendant's
presentence report or other reliable sentencing information indicates a low
risk of future substance abuse by the defendant."; and
(4) by adding at the end the following: "The results of a drug test
administered in accordance with paragraph (4) shall be subject to
confirmation only if the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the results
of the test. A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug test confirmation shall
be a urine drug test confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administrative Office of the
United States Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance abuse treatment
programs, or an individual's current or past participation in such programs,
warrants an exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering any action
against a defendant who fails a drug test administered in accordance with
paragraph (4).".
(c) CONDITIONS OF SUPERVISED RELEASE.-Section 3583(d) of title 18, United
States Code, is amended by inserting after the first sentence the
following: "The court shall also order, as an explicit condition of
supervised release, that the defendant refrain from any unlawful use of a
controlled substance and submit to a drug test within 15 days of release on
supervised release and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance. The condition
stated in the preceding sentence may be ameliorated or suspended by the court
as provided in section 3563(a)(4). The results of a drug test administered in
accordance with the preceding subsection shall be subject to confirmation
only if the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant denies the accuracy
of such test or there is some other reason to question the results of the
test. A drug test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the Director of
the Administrative Office of the United States Courts after consultation with
the Secretary of Health and Human Services may determine to be of equivalent
accuracy. The court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance with
United States Sentencing Commission guidelines from the rule of section
3583(g) when considering any action against a defendant who fails a drug
test.".
(d) CONDITIONS OF PAROLE.-Section 4209(a) of title 18, United States Code,
is amended by inserting after the first sentence the following: "In every
case, the Commission shall also impose as a condition of parole that the
parolee pass a drug test prior to release and refrain from any unlawful use
of a controlled substance and submit to at least 2 periodic drug tests (as
determined by the Commission) for use of a controlled substance. The
condition stated in the preceding sentence may be ameliorated or suspended by
the Commission for any individual parolee if it determines that there is good
cause for doing so. The results of a drug test administered in accordance
with the provisions of the preceding sentence shall be subject to
confirmation only if the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the results
of the test. A drug test confirmation shall be a urine drug test confirmed
using gas chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may determine to
be of equivalent accuracy. The Commission shall consider whether the
availability of appropriate substance abuse treatment programs, or an
individual's current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission guidelines
from the rule of section 4214(f) when considering any action against a
defendant who fails a drug test.".
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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.".
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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.
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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).
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SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) STATE DISTRIBUTION.-For each payment period, the Attorney General
shall allocate out of the amount appropriated for the period under the
authority of section 30202-
(1) 0.25 percent to each State; and
(2) Of the total amount of funds remaining after allocation under
paragraph (1), an amount that is equal to-
the ratio that the number of part 1 violent crimes reported by such State
to the Federal Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of Investigation
for 1993
(b) LOCAL DISTRIBUTION.-(1) The Attorney General shall allocate among the
units of general local government in a State the amount allocated to the
State under paragraphs (1) and (2) of subsection (a).
(2) The Attorney General shall allocate to each unit of general local
government an amount which bears the ratio that the number of part 1 violent
crimes reported by such unit to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all units in the
State in which the unit is located to the Federal Bureau of Investigation for
1993 multiplied by the ratio of the population living in all units in the
State in which the unit is located that reported part 1 violent crimes to the
Federal Bureau of Investigation for 1993 bears to the population of the
State; or if such data are not available for a unit, the ratio that the
population of such unit bears to the population of all units in the State in
which the unit is located for which data are not available multiplied by the
ratio of the population living in units in the State in which the unit is
located for which data are not available bears to the population of the
State.
(3) If under paragraph (2) a unit is allotted less than $5,000 for the
payment period, the amount allotted shall be transferred to the Governor of
the State who shall equitably distribute the allocation to all such units or
consortia thereof.
(4) If there is in a State a unit of general local government that has
been incorporated since the date of the collection of the data used by the
Attorney General in making allocations pursuant to this section, the Attorney
General shall allocate to this newly incorporated local government, out of
the amount allocated to the State under this section, an amount bearing the
same ratio to the amount allocated to the State as the population of the
newly incorporated local government bears to the population of the State. If
there is in the State a unit of general local government that has been
annexed since the date of the collection of the data used by the Attorney
General in making allocations pursuant to this section, the Attorney General
shall pay the amount that would have been allocated to this local government
to the unit of general local government that annexed it.
(c) UNAVAILABILITY OF INFORMATION.-For purposes of this section, if data
regarding part 1 violent crimes in any State for 1993 is unavailable or
substantially inaccurate, the Attorney General shall utilize the best
available comparable data regarding the number of violent crimes for 1993 for
such State for the purposes of allocation of any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may be utilized
to contract with private, nonprofit entities or community-based organizations
to carry out the uses specified under section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under this subtitle
shall hold at least one public hearing on the proposed use of the payment in
relation to its entire budget. At the hearing, persons shall be given an
opportunity to provide written and oral views to the governmental authority
responsible for enacting the budget and to ask questions about the entire
budget and the relation of the payment to the entire budget. The government
shall hold the hearing at a time and a place that allows and encourages
public attendance and participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime Control and
Safe Streets Act of 1968, shall apply to the Attorney General for purposes of
carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term "unit of general local government" means-
(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as determined
by the Secretary of Commerce for general statistical purposes; and
(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers.
(2) The term "payment period" means each 1-year period beginning on
October 1 of the years 1995 through 2000.
(3) The term "State" means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands, except that American Samoa,
Guam, and the Northern Mariana Islands shall be considered as one State and
that, for purposes of 30204(a), 33 per centum of the amounts allocated shall
be allocated to American Samoa, 50 per centum to Guam, and 17 per centum to
the Northern Mariana Islands.
(4) The term "children" means persons who are not younger than 5 and not
older than 18 years old.
(5) The term "part 1 violent crimes" means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as reported to
the Federal Bureau of Investigation for purposes of the Uniform Crime
Reports.
Subtitle C-Model Intensive Grant Programs
SEC. 30301. GRANT AUTHORIZATION.
(a) ESTABLISHMENT.-
(1) IN GENERAL.-The Attorney General may award grants to not more than 15
chronic high intensive crime areas to develop comprehensive model crime
prevention programs that-
(A) involve and utilize a broad spectrum of community resources, including
nonprofit community organizations, law enforcement organizations, and
appropriate State and Federal agencies, including the State educational
agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to involvement in crime.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.-The Attorney
General may consult with the Ounce of Prevention Council in awarding grants
under paragraph (1).
(b) PRIORITY.-In awarding grants under subsection (a), the Attorney
General shall give priority to proposals that-
(1) are innovative in approach to the prevention of crime in a specific
area;
(2) vary in approach to ensure that comparisons of different models may be
made; and
(3) coordinate crime prevention programs funded under this program with
other existing Federal programs to address the overall needs of communities
that benefit from grants received under this title.
SEC. 30302. USES OF FUNDS.
(a) IN GENERAL.-Funds awarded under this subtitle may be used only for
purposes described in an approved application. The intent of grants under
this subtitle is to fund intensively comprehensive crime prevention programs
in chronic high intensive crime areas.
(b) GUIDELINES.-The Attorney General shall issue and publish in the
Federal Register guidelines that describe suggested purposes for which funds
under approved programs may be used.
(c) EQUITABLE DISTRIBUTION OF FUNDS.-In disbursing funds under this
subtitle, the Attorney General shall ensure the distribution of awards
equitably on a geographic basis, including urban and rural areas of varying
population and geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) DESCRIPTION.-An applicant shall include a description of the
distinctive factors that contribute to chronic violent crime within the area
proposed to be served by the grant. Such factors may include lack of
alternative activities and programs for youth, deterioration or lack of
public facilities, inadequate public services such as public transportation,
street lighting, community-based substance abuse treatment facilities, or
employment services offices, and inadequate police or public safety services,
equipment, or facilities.
(b) COMPREHENSIVE PLAN.-An applicant shall include a comprehensive,
community-based plan to attack intensively the principal factors identified
in subsection (a). Such plans shall describe the specific purposes for which
funds are proposed to be used and how each purpose will address specific
factors. The plan also shall specify how local nonprofit organizations,
government agencies, private businesses, citizens groups, volunteer
organizations, and interested citizens will cooperate in carrying out the
purposes of the grant.
(c) EVALUATION.-An applicant shall include an evaluation plan by which the
success of the plan will be measured, including the articulation of specific,
objective indicia of performance, how the indicia will be evaluated, and a
projected timetable for carrying out the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local elected official of
an area shall-
(1) prepare and submit to the Attorney General an application in such
form, at such time, and in accordance with such procedures, as the Attorney
General shall establish; and
(2) provide an assurance that funds received under this subtitle shall be
used to supplement, not supplant, non-Federal funds that would otherwise be
available for programs funded under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall prepare and
submit to the Committees on the Judiciary of the House and Senate an
evaluation of the model programs developed under this subtitle and make
recommendations regarding the implementation of a national crime prevention
program.
SEC. 30306. DEFINITIONS.
In this subtitle-
"chief local elected official" means an official designated under
regulations issued by the Attorney General. The criteria used by the Attorney
General in promulgating such regulations shall ensure administrative
efficiency and accountability in the expenditure of funds and execution of
funded projects under this subtitle.
"chronic high intensity crime area" means an area meeting criteria adopted
by the Attorney General by regulation that, at a minimum, define areas with-
(A) consistently high rates of violent crime as reported in the Federal
Bureau of Investigation's "Uniform Crime Reports", and
(B) chronically high rates of poverty as determined by the Bureau of the
Census.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
[pH8787]
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle-
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
Subtitle D-Family and Community Endeavor Schools Grant
Program
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT
PROGRAM.
(a) SHORT TITLE.-This section may be cited as the "Community Schools Youth
Services and Supervision Grant Program Act of 1994".
(b) DEFINITIONS.-In this section-
"child" means a person who is not younger than 5 and not older than 18
years old.
"community-based organization" means a private, locally initiated,
community-based organization that-
(A) is a nonprofit organization, as defined in section 103(23) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603(23));
and
(B) is operated by a consortium of service providers, consisting of
representatives of 5 or more of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved in providing employment
and business development opportunities in the community.
(iii) Educators.
(iv) Religious organizations (which shall not provide any sectarian
instruction or sectarian worship in connection with an activity funded under
this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
"eligible community" means an area identified pursuant to subsection (e).
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.
"poverty line" means the income official poverty line (as defined by the
Office of Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
"public school" means a public elementary school, as defined in section
1201(i) of the Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a public
secondary school, as defined in section 1201(d) of that Act.
"Secretary" means the Secretary of Health and Human Services, in
consultation and coordination with the Attorney General.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
(c) PROGRAM AUTHORITY.-
(1) IN GENERAL.-
(A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY.-For any fiscal year in
which the sums appropriated to carry out this section equal or
exceed $20,000,000, from the sums appropriated to carry out this subsection,
the Secretary shall allocate, for grants under subparagraph (B) to
community-based organizations in each State, an amount bearing the same ratio
to such sums as the number of children in the State who are from families
with incomes below the poverty line bears to the number of children in all
States who are from families with incomes below the poverty line. In view of
the extraordinary need for assistance in Indian country, an appropriate
amount of funds available under this subtitle shall be made available for
such grants in Indian country.
(B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM ALLOCATIONS.-For such a
fiscal year, the Secretary may award grants from the appropriate State or
Indian country allocation determined under subparagraph (A) on a competitive
basis to eligible community-based organizations to pay for the Federal share
of assisting eligible communities to develop and carry out programs in
accordance with this section.
(C) REALLOCATION.-If, at the end of such a fiscal year, the Secretary
determines that funds allocated for community-based organizations in a State
or Indian country under subparagraph (B) remain unobligated, the Secretary
may use such funds to award grants to eligible community-based organizations
in another State or Indian country to pay for such Federal share. In awarding
such grants, the Secretary shall consider the need to maintain geographic
diversity among the recipients of such grants. Amounts made available through
such grants shall remain available until expended.
(2) OTHER FISCAL YEARS.-For any fiscal year in which the sums appropriated
to carry out this section are less than $20,000,000, the Secretary may award
grants on a competitive basis to eligible community-based organizations to
pay for the Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(3) ADMINISTRATIVE COSTS.-The Secretary may use not more than 3 percent of
the funds appropriated to carry out this section in any fiscal year for
administrative costs.
(d) PROGRAM REQUIREMENTS.-
(1) LOCATION.-A community-based organization that receives a grant under
this section to assist in carrying out such a program shall ensure that the
program is carried out-
(A) when appropriate, in the facilities of a public school during
nonschool hours; or
(B) in another appropriate local facility in a State or Indian country,
such as a college or university, a local or State park or recreation center,
church, or military base, that is-
(i) in a location that is easily accessible to children in the community;
and
(ii) in compliance with all applicable local ordinances.
(2) USE OF FUNDS.-Such community-based organization-
(A) shall use funds made available through the grant to provide, to
children in the eligible community, services and activities that-
(i) shall include supervised sports programs, and extracurricular and
academic programs, that are offered-
(I) after school and on weekends and holidays, during the school year; and
(II) as daily full-day programs (to the extent available resources permit)
or as part-day programs, during the summer months;
(B) in providing such extracurricular and academic programs, shall provide
programs such as curriculum-based supervised educational, work force
preparation, entrepreneurship, cultural, health programs, social activities,
arts and crafts programs, dance programs, tutorial and mentoring programs,
and other related activities;
(C) may use-
(i) such funds for minor renovation of facilities that are in existence
prior to the operation of the program and that are necessary for the
operation of the program for which the organization receives the grant,
purchase of sporting and recreational equipment and supplies, reasonable
costs for the transportation of participants in the program, hiring of staff,
provision of meals for such participants, provision of health services
consisting of an initial basic physical examination, provision of first aid
and nutrition guidance, family counselling, parental training, and substance
abuse treatment where appropriate; and
(ii) not more than 5 percent of such funds to pay for the administrative
costs of the program; and
(D) may not use such funds to provide sectarian worship or sectarian
instruction.
(e) ELIGIBLE COMMUNITY IDENTIFICATION.-
(1) IDENTIFICATION.-To be eligible to receive a grant under this section,
a community-based organization shall identify an eligible community to be
assisted under this section.
(2) CRITERIA.-Such eligible community shall be an area that meets such
criteria with respect to significant poverty and significant juvenile
delinquency, and such additional criteria, as the Secretary may by regulation
require.
(f) APPLICATIONS.-
(1) APPLICATION REQUIRED.-To be eligible to receive a grant under this
section, a community-based organization shall submit an application to the
Secretary at such time, in such manner, and accompanied by such information,
as the Secretary may reasonably require, and obtain approval of such
application.
(2) CONTENTS OF APPLICATION.-Each application submitted pursuant to
paragraph (1) shall-
(A) describe the activities and services to be provided through the
program for which the grant is sought;
(B) contain an assurance that the community-based organization will spend
grant funds received under this section in a manner that the community-based
organization determines will best accomplish the objectives of this section;
(C) contain a comprehensive plan for the program that is designed to
achieve identifiable goals for children in the eligible community;
(D) set forth measurable goals and outcomes for the program that-
(i) will-
(I) where appropriate, make a public school the focal point of the eligible
community; or
(II) make a local facility described in subsection (d)(1)(B) such a focal
point; and
(ii) may include reducing the percentage of children in the eligible
community that enter the juvenile justice system, increasing the graduation
rates, school attendance, and academic success of children in the eligible
community, and improving the skills of program participants;
(E) provide evidence of support for accomplishing such goals and outcomes
from-
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government officials; and
(vii) other organizations that the community-based organization determines
to be appropriate;
(F) contain an assurance that the community-based organization will use
grant funds received under this section to provide children in the eligible
community with activities and services that shall include supervised sports
programs, and extracurricular and academic programs, in accordance with
subparagraphs (A) and (B) of subsection (d)(2);
(G) contain a list of the activities and services that will be offered
through the program for which the grant is sought and sponsored by private
nonprofit organizations, individuals, and groups serving the eligible
community, including-
(i) extracurricular and academic programs, such as programs described in
subsection (d)(2)(B); and
(ii) activities that address specific needs in the community;
(H) demonstrate the manner in which the community-based organization will
make use of the resources, expertise, and commitment of private entities in
carrying out the program for which the grant is sought;
(I) include an estimate of the number of children in the eligible
community expected to be served pursuant to the program;
(J) include a description of charitable private resources, and all other
resources, that will be made available to achieve the goals of the program;
(K) contain an assurance that the community-based organization will use
competitive procedures when purchasing, contracting, or otherwise providing
for goods, activities, or services to carry out programs under this section;
(L) contain an assurance that the program will maintain a
staff-to-participant ratio (including volunteers) that is appropriate to the
activity or services provided by the program;
(M) contain an assurance that the program will maintain an average
attendance rate of not less than 75 percent of the participants enrolled in
the program, or will enroll additional participants in the program;
(N) contain an assurance that the community-based organization will comply
with any evaluation under subsection (m), any research effort authorized
under Federal law, and any investigation by the Secretary;
(O) contain an assurance that the community-based organization shall
prepare and submit to the Secretary an annual report regarding any program
conducted under this section;
(P) contain an assurance that the program for which the grant is sought
will, to the maximum extent possible, incorporate services that are provided
solely through non-Federal private or nonprofit sources; and
(Q) contain an assurance that the community-based organization will
maintain separate accounting records for the program.
(3) PRIORITY.-In awarding grants to carry out programs under this section,
the Secretary shall give priority to community-based organizations who submit
applications that demonstrate the greatest effort in generating local support
for the programs.
(g) ELIGIBILITY OF PARTICIPANTS.-
(1) IN GENERAL.-To the extent possible, each child who resides in an
eligible community shall be eligible to participate in a program carried out
in such community that receives assistance under this section.
(2) ELIGIBILITY.-To be eligible to participate in a program that receives
assistance under this section, a child shall provide the express written
approval of a parent or guardian, and shall submit an official application
and agree to the terms and conditions of participation in the program.
(3) NONDISCRIMINATION.-In selecting children to participate in a program
that receives assistance under this section, a community-based organization
shall not discriminate on the basis of race, color, religion, sex, national
origin, or disability.
(h) PEER REVIEW PANEL.-
(1) ESTABLISHMENT.-The Secretary may establish a peer review panel that
shall be comprised of individuals with demonstrated experience in designing
and implementing community-based programs.
(2) COMPOSITION.-A peer review panel shall include at least 1
representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic Committee, at the option
of the Secretary.
(3) FUNCTIONS.-A peer review panel shall conduct the initial review of all
grant applications received by the Secretary under subsection (f), make
recommendations to the Secretary regarding-
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted under this section.
(i) INVESTIGATIONS AND INSPECTIONS.-The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance with
the provisions of this section.
(j) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.-
(1) PAYMENTS.-The Secretary shall, subject to the availability of
appropriations, pay to each community-based organization having an
application approved under subsection (f) the Federal share of the costs of
developing and carrying out programs described in subsection (c).
(2) FEDERAL SHARE.-The Federal share of such costs shall be no more than-
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) NON-FEDERAL SHARE.-
(A) IN GENERAL.-The non-Federal share of such costs may be in cash or in
kind, fairly evaluated, including plant, equipment, and services (including
the services described in subsection (f)(2)(P)), and funds appropriated by
the Congress for the activity of any agency of an Indian tribal government or
the Bureau of Indian Affairs on any Indian lands may be used to provide the
non-Federal share of the costs of programs or projects funded under this
subtitle.
(B) SPECIAL RULE.-At least 15 percent of the non-Federal share of such
costs shall be provided from private or nonprofit sources.
(k) EVALUATION.-The Secretary shall conduct a thorough evaluation of the
programs assisted under this section, which shall include an assessment of-
(1) the number of children participating in each program assisted under
this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children; and
(4) the number of such children being processed by the juvenile justice
system.
[pH8788]
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.
(a) SHORT TITLE.-This section may be cited as the "Family and Community
Endeavor Schools Act".
(b) PURPOSE.-It is the purpose of this section to improve the overall
development of at-risk children who reside in eligible communities as defined
in subsection (l)(3).
(c) PROGRAM AUTHORITY.-The Secretary may award grants on a competitive
basis to eligible local entities to pay for the Federal share of assisting
eligible communities to develop and carry out programs in accordance with
this section. No local entity shall receive a grant of less than $250,000 in
a fiscal year. Amounts made available through such grants shall remain
available until expended.
(d) PROGRAM REQUIREMENTS.-
(1) IMPROVEMENT PROGRAMS.-A local entity that receives funds under this
section shall develop or expand programs that are designed to improve
academic and social development by instituting a collaborative structure that
trains and coordinates the efforts of teachers, administrators, social
workers, guidance counselors, parents, and school volunteers to provide
concurrent social services for at-risk students at selected public schools in
eligible communities.
(2) OPTIONAL ACTIVITIES.-A local entity that receives funds under this
section may develop a variety of programs to serve the comprehensive needs of
students, including-
(A) homework assistance and after-school programs, including educational,
social, and athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) ELIGIBLE COMMUNITY IDENTIFICATION.-The Secretary through regulation
shall define the criteria necessary to qualify as an eligible community as
defined in subsection (l)(3).
(f) GRANT ELIGIBILITY.-To be eligible to receive a grant under this
section, a local entity shall-
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes-
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the eligible community;
(D) public housing resident organization members, where applicable; and
(E) public and private nonprofit organizations that provide education,
child protective services, or other human services to low-income, at-risk
children and their families; and
(3) develop a concentrated strategy for implementation of the community
planning process developed under paragraph (2) that targets clusters of
at-risk children in the eligible community.
(g) APPLICATIONS.-
(1) APPLICATION REQUIRED.-To be eligible to receive a grant under this
section, a local entity shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information, as the Secretary
may reasonably require, and obtain approval of such application.
(2) CONTENTS OF APPLICATION.-Each application submitted under
paragraph (1) shall-
(A) contain a comprehensive plan for the program that is designed to
improve the academic and social development of at-risk children in schools in
the eligible community;
(B) provide evidence of support for accomplishing the objectives of such
plan from-
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the local entity determines to be appropriate;
(C) provide an assurance that the local entity will use grant funds
received under this subsection to implement the program requirements listed
in subsection (d);
(D) include an estimate of the number of children in the eligible
community expected to be served under the program;
(E) provide an assurance that the local entity will comply with any
evaluation requested under subsection (k), any research effort authorized
under Federal law, and any investigation by the Secretary;
(F) provide an assurance that the local entity shall prepare and submit to
the Secretary an annual report regarding any program conducted under this
section;
(G) provide an assurance that funds made available under this section
shall be used to supplement, not supplant, other Federal funds that would
otherwise be available for activities funded under this section; and
(H) provide an assurance that the local entity will maintain separate
accounting records for the program.
(3) PRIORITY.-In awarding grants to carry out programs under this section,
the Secretary shall give priority to local entities which submit applications
that demonstrate the greatest effort in generating local support for the
programs.
(h) PEER REVIEW PANEL.-
(1) ESTABLISHMENT.-The Secretary shall establish a peer review panel not
to exceed 8 members that shall be comprised of individuals with demonstrated
experience in designing and implementing programs to improve the academic and
social development of at-risk children.
(2) FUNCTIONS.-Such panel shall make recommendations to the Secretary
regarding-
(A) an illustrative model that effectively achieves the program
requirements indicated in subsection (d) and a process whereby local entities
can request such model; and
(B) a design for the evaluation of programs assisted under this section.
(i) INVESTIGATIONS AND INSPECTIONS.-The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance with
the provisions of this section.
(j) FEDERAL SHARE.-
(1) PAYMENTS.-The Secretary shall, subject to the availability of
appropriations, pay to each local entity having an application approved under
subsection (g) the Federal share of the costs of developing and carrying out
programs referred to in subsection (d).
(2) FEDERAL SHARE.-The Federal share of such costs shall be 70 percent.
(3) NON-FEDERAL SHARE.-
(A) IN GENERAL.-The non-Federal share of such costs may be in cash or in
kind, fairly evaluated, including personnel, plant, equipment, and services.
(B) SPECIAL RULE.-Not less than 15 percent of the non-Federal share of
such costs shall be provided from private or nonprofit sources.
(k) EVALUATION.-The Secretary shall require a thorough evaluation of the
programs assisted under this section, which shall include an assessment of
the academic and social achievement of children assisted with funds provided
under this section.
(l) DEFINITIONS.-For purposes of this section-
(1) the term "Secretary" means to the Secretary of the Department of
Education;
(2) the term "local entity" means-
(A) a local educational agency, or
(B) a community-based organization as defined in section 1471(3) of the
Elementary and Secondary Education Act of 1965;
(3) the term "eligible community" means an area which meets criteria with
respect to significant poverty and significant violent crime, and such
additional criteria, as the Secretary may by regulation require; and
(4) the term "public school" means an elementary school (as defined in
section 1471(8) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(8))) and a secondary school (as defined in section 1471(21) of
that Act).
[pH8789]
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.-There are authorized to be appropriated to carry out this
subtitle-
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) PROGRAMS.-Of the amounts appropriated under subsection (a) for any
fiscal year-
(1) 70 percent shall be made available to carry out section 30401; and
(2) 30 percent shall be made available to carry out section 30402.
Subtitle G-Assistance for Delinquent and At-Risk Youth
SEC. 30701. GRANT AUTHORITY.
(a) GRANTS.-
(1) IN GENERAL.-In order to prevent the commission of crimes or delinquent
acts by juveniles, the Attorney General may make grants to public or private
nonprofit organizations to support the development and operation of projects
to provide residential services to youth, aged 11 to 19, who-
(A) have dropped out of school;
(B) have come into contact with the juvenile justice system; or
(C) are at risk of dropping out of school or coming into contact with the
juvenile justice system.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.-The Attorney
General may consult with the Ounce of Prevention Council in making grants
under paragraph (1).
(3) SERVICES.-Such services shall include activities designed to-
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and responsible choices;
(C) improve the academic performance of such youth pursuant to a plan
jointly developed by the applicant and the school which each such youth
attends or should attend; and
(D) provide such youth with vocational and life skills.
(b) APPLICATIONS.-
(1) IN GENERAL.-A public agency or private nonprofit organization which
desires a grant under this section shall submit an application at such time
and in such manner as the Attorney General may prescribe.
(2) CONTENTS.-An application under paragraph (1) shall include-
(A) a description of the program developed by the applicant, including the
activities to be offered;
(B) a detailed discussion of how such program will prevent youth from
committing crimes or delinquent acts;
(C) evidence that such program-
(i) will be carried out in facilities which meet applicable State and local
laws with regard to safety;
(ii) will include academic instruction, approved by the State, Indian tribal
government, or local educational agency, which meets or exceeds State, Indian
tribal government, and local standards and curricular requirements; and
(iii) will include instructors and other personnel who possess such
qualifications as may be required by applicable State or local laws; and
(D) specific, measurable outcomes for youth served by the program.
(c) CONSIDERATION OF APPLICATIONS.-Not later than 60 days following the
submission of applications, the Attorney General shall-
(1) approve each application and disburse the funding for each such
application; or
(2) disapprove the application and inform the applicant of such
disapproval and the reasons therefor.
(d) REPORTS.-A grantee under this section shall annually submit a report
to the Attorney General that describes the activities and accomplishments of
such program, including the degree to which the specific youth outcomes are
met.
(e) DEFINITIONS.-In this subtitle-
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including Alaska Native village (as defined in
or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30701-
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
Subtitle H-Police Recruitment
SEC. 30801. GRANT AUTHORITY.
(a) GRANTS.-
(1) IN GENERAL.-The Attorney General may make grants to qualified
community organizations to assist in meeting the costs of qualified programs
which are designed to recruit and retain applicants to police departments.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.-The Attorney
General may consult with the Ounce of Prevention Council in making grants
under paragraph (1).
(b) QUALIFIED COMMUNITY ORGANIZATIONS.-An organization is a qualified
community organization which is eligible to receive a grant under
subsection (a) if the organization-
(1) is a nonprofit organization; and
(2) has training and experience in-
(A) working with a police department and with teachers, counselors, and
similar personnel,
(B) providing services to the community in which the organization is
located,
(C) developing and managing services and techniques to recruit individuals
to become members of a police department and to assist such individuals in
meeting the membership requirements of police departments,
(D) developing and managing services and techniques to assist in the
retention of applicants to police departments, and
(E) developing other programs that contribute to the community.
(c) QUALIFIED PROGRAMS.-A program is a qualified program for which a grant
may be made under subsection (a) if the program is designed to recruit and
train individuals from underrepresented neighborhoods and localities and if-
(1) the overall design of the program is to recruit and retain applicants
to a police department;
(2) the program provides recruiting services which include tutorial
programs to enable individuals to meet police force academic requirements and
to pass entrance examinations;
(3) the program provides counseling to applicants to police departments
who may encounter problems throughout the application process; and
(4) the program provides retention services to assist in retaining
individuals to stay in the application process of a police department.
(d) APPLICATIONS.-To qualify for a grant under subsection (a), a qualified
organization shall submit an application to the Attorney General in such form
as the Attorney General may prescribe. Such application shall-
(1) include documentation from the applicant showing-
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to be served, including
age, disability, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attorney General that the
program for which a grant is made will meet the applicable requirements of
the program guidelines prescribed by the Attorney General under
subsection (i).
(e) ACTION BY THE ATTORNEY GENERAL.-Not later than 60 days after the date
that an application for a grant under subsection (a) is received, the
Attorney General shall consult with the police department which will be
involved with the applicant and shall-
(1) approve the application and disburse the grant funds applied for; or
(2) disapprove the application and inform the applicant that the
application is not approved and provide the applicant with the reasons for
the disapproval.
(f) GRANT DISBURSEMENT.-The Attorney General shall disburse funds under a
grant under subsection (a) in accordance with regulations of the Attorney
General which shall ensure-
(1) priority is given to applications for areas and organizations with the
greatest showing of need;
(2) that grant funds are equitably distributed on a geographic basis; and
(3) the needs of underserved populations are recognized and addressed.
(g) GRANT PERIOD.-A grant under subsection (a) shall be made for a period
not longer than 3 years.
(h) GRANTEE REPORTING.-(1) For each year of a grant period for a grant
under subsection (a), the recipient of the grant shall file a performance
report with the Attorney General explaining the activities carried out with
the funds received and assessing the effectiveness of such activities in
meeting the purpose of the recipient's qualified program.
(2) If there was more than one recipient of a grant, each recipient shall
file such report.
(3) The Attorney General shall suspend the funding of a grant, pending
compliance, if the recipient of the grant does not file the report required
by this subsection or uses the grant for a purpose not authorized by this
section.
(i) GUIDELINES.-The Attorney General shall, by regulation, prescribe
guidelines on content and results for programs receiving a grant under
subsection (a). Such guidelines shall be designed to establish programs which
will be effective in training individuals to enter instructional programs for
police departments and shall include requirements for-
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic assistance
programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and counseling
programs and the means and devices used to publicize such programs.
[pH8790]
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30801-
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
Subtitle J-Local Partnership Act
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.-Title 31, United States Code, is amended by
inserting after chapter 65 the following new chapter:
"CHAPTER 67-FEDERAL PAYMENTS
"Sec.
"6701.Payments to local governments.
"6702.Local Government Fiscal Assistance Fund.
"6703.Qualification for payment.
"6704.State area allocations; allocations and payments to territorial
governments.
"6705.Local government allocations.
"6706.Income gap multiplier.
"6707.State variation of local government allocations.
"6708.Adjustments of local government allocations.
"6709.Information used in allocation formulas.
"6710.Public participation.
"6711.Prohibited discrimination.
"6712.Discrimination proceedings.
"6713.Suspension and termination of payments in discrimination proceedings.
"6714.Compliance agreements.
"6715.Enforcement by the Attorney General of prohibitions on discrimination.
"6716.Civil action by a person adversely affected.
"6717.Judicial review.
"6718.Investigations and reviews.
"6719.Reports.
"6720.Definitions, application, and administration.
"6701. Payments to local governments
"(a) PAYMENT AND USE.-
"(1) PAYMENT.-The Secretary shall pay to each unit of general local
government which qualifies for a payment under this chapter an amount equal
to the sum of any amounts allocated to the government under this chapter for
each payment period. The Secretary shall pay such amount out of the Local
Government Fiscal Assistance Fund under section 6702.
"(2) USE.-Amounts paid to a unit of general local government under this
section shall be used by that unit for carrying out one or more programs of
the unit related to-
"(A) education to prevent crime;
"(B) substance abuse treatment to prevent crime; or
"(C) job programs to prevent crime.
"(3) COORDINATION.-Programs funded under this title shall be coordinated
with other existing Federal programs to meet the overall needs of communities
that benefit from funds received under this section.
"(b) TIMING OF PAYMENTS.-The Secretary shall pay each amount allocated
under this chapter to a unit of general local government for a payment period
by the later of 90 days after the date the amount is available or the first
day of the payment period provided that the unit of general local government
has provided the Secretary with the assurances required by section 6703(d).
"(c) ADJUSTMENTS.-
"(1) IN GENERAL.-Subject to paragraph (2), the Secretary shall adjust a
payment under this chapter to a unit of general local government to the
extent that a prior payment to the government was more or less than the
amount required to be paid.
"(2) CONSIDERATIONS.-The Secretary may increase or decrease under this
subsection a payment to a unit of local government only if the Secretary
determines the need for the increase or decrease, or the unit requests the
increase or decrease, within one year after the end of the payment period for
which the payment was made.
"(d) RESERVATION FOR ADJUSTMENTS.-The Secretary may reserve a percentage
of not more than 2 percent of the amount under this section for a payment
period for all units of general local government in a State if the Secretary
considers the reserve is necessary to ensure the availability of sufficient
amounts to pay adjustments after the final allocation of amounts among the
units of general local government in the State.
"(e) REPAYMENT OF UNEXPENDED AMOUNTS.-
"(1) REPAYMENT REQUIRED.-A unit of general local government shall repay to
the Secretary, by not later than 15 months after receipt from the Secretary,
any amount that is-
"(A) paid to the unit from amounts appropriated under the authority of
this section; and
"(B) not expended by the unit within one year after receipt from the
Secretary.
"(2) PENALTY FOR FAILURE TO REPAY.-If the amount required to be repaid is
not repaid, the Secretary shall reduce payments in future payment periods
accordingly.
"(3) DEPOSIT OF AMOUNTS REPAID.-Amounts received by the Secretary as
repayments under this subsection shall be deposited in the Local Government
Fiscal Assistance Fund for future payments to units of general local
government.
"(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES.-
"(1) GENERAL RULE.-Of amounts paid to a unit of general local government
under this chapter for a payment period, not less than 10 percent of the
total combined amounts obligated by the unit for contracts and subcontracts
shall be expended with-
"(A) small business concerns controlled by socially and economically
disadvantaged individuals and women; and
"(B) historically Black colleges and universities and colleges and
universities having a student body in which more than 20 percent of the
students are Hispanic Americans or Native Americans.
"(2) EXCEPTION.-Paragraph (1) shall not apply to amounts paid to a unit of
general local government to the extent the unit determines that the paragraph
does not apply through a process that provides for public participation.
"(3) DEFINITIONS.-For purposes of this subsection-
"(A) the term `small business concern' has the meaning such term has under
section 3 of the Small Business Act; and
"(B) the term `socially and economically disadvantaged individuals' has
the meaning such term has under section 8(d) of the Small Business Act and
relevant subcontracting regulations promulgated pursuant to that section.
"(g) NONSUPPLANTING REQUIREMENT.-
"(1) IN GENERAL.-Funds made available under this chapter to units of local
government shall not be used to supplant State or local funds, but will be
used to increase the amount of funds that would, in the absence of funds
under this chapter, be made available from State or local sources.
"(2) BASE LEVEL AMOUNT.-The total level of funding available to a unit of
local government for accounts serving eligible purposes under this chapter in
the fiscal year immediately preceding receipt of a grant under this chapter
shall be designated the `base level account' for the fiscal year in which
grant is received. Grants under this chapter in a given fiscal year shall be
reduced on a dollar for dollar basis to the extent that a unit of local
government reduces its base level account in that fiscal year.
"6702. Local Government Fiscal Assistance Fund
"(a) ADMINISTRATION OF FUND.-The Department of the Treasury has a Local
Government Fiscal Assistance Fund, which consists of amounts appropriated to
the Fund.
"(b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to the Fund-
"(1) $270,000,000 for fiscal year 1996;
"(2) $283,500,000 for fiscal year 1997;
"(3) $355,500,000 for fiscal year 1998;
"(4) $355,500,000 for fiscal year 1999; and
"(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
"(c) ADMINISTRATIVE COSTS.-Up to 2.5 percent of the amount authorized to
be appropriated under subsection (b) is authorized to be appropriated for the
period fiscal year 1995 through fiscal year 2000 to be available for
administrative costs by the Secretary in furtherance of the purposes of the
program. Such sums are to remain available until expended.
"6703. Qualification for payment
"(a) IN GENERAL.-The Secretary shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Secretary of the units' proposed use of
assistance under this chapter. Subject to subsection (c), the assistance
provided shall be used, in amounts determined by the unit, for activities
under, or for activities that are substantially similar to an activity under,
1 or more of the following programs and the notice shall identify 1 or more
of the following programs for each such use:
"(1) The Drug Abuse Resistance Education Program under section 5122 of the
Elementary and Secondary Education Act of 1965.
"(2) The National Youth Sports Program under section 682 of the Community
Services Block Grant Act (Public Law 97-35) as amended by section 205, Public
Law 103-252.
"(3) The Gang Resistance Education and Training Program under the Act
entitled `An Act making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30, 1991,
and for other purposes', approved November 5, 1990 (Public Law 101-509).
"(4) Programs under title II or IV of the Job Training Partnership Act (29
U.S.C. 1601 et seq.).
"(5) Programs under subtitle C of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.) as amended.
"(6) Programs under the School to Work Opportunities Act (Public Law
103-239).
"(7) Substance Abuse Treatment and Prevention programs authorized under
title V or XIX of the Public Health Services Act (43 U.S.C. 201 et seq.).
"(8) Programs under the Head Start Act (42 U.S.C. 9831 et seq.).
"(9) Programs under part A or B of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965.
"(10) The TRIO programs under part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.).
"(11) Programs under the National Literacy Act of 1991.
"(12) Programs under the Carl Perkins Vocational Educational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).
"(13) The demonstration partnership programs including the community
initiative targeted to minority youth under section 203 of the Human Services
Reauthorization of 1994 (Public Law 103-232).
"(14) The runaway and homeless youth program and the transitional living
program for homeless youth under title III of the Juvenile Justice and
Delinquency Prevention Act (Public Law 102-586).
"(15) The family support program under subtitle F of title VII of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 1148 et seq.).
"(16) After-school activities for school aged children under the Child
Care and Development Block Grant Act (42 U.S.C. 9858 et seq.).
"(17) The community-based family resource programs under section 401 of
the Human Services Reauthorization Act of 1994 (Public Law 103-232).
"(18) The family violence programs under the Child Abuse Prevention and
Treatment Act Amendments of 1984.
"(19) Job training programs administered by the Department of Agriculture,
the Department of Defense, or the Department of Housing and Urban
Development.
"(b) NOTICE TO AGENCY.-Upon receipt of notice under subsection (a) from an
eligible unit of general local government, the Secretary shall notify the
head of the appropriate Federal agency for each program listed in
subsection (a) that is identified in the notice as a program under which an
activity will be conducted with assistance under this chapter. The
notification shall state that the unit has elected to use some or all of its
assistance under this chapter for activities under that program. The head of
a Federal agency that receives such a notification shall ensure that such use
is in compliance with the laws and regulations applicable to that program,
except that any requirement to provide matching funds shall not apply to that
use.
"(c) ALTERNATIVE USES OF FUNDS.-
"(1) ALTERNATIVE USES AUTHORIZED.-In lieu of, or in addition to, use for
an activity described in subsection (a) and notice for that use under
subsection (a), an eligible unit of general local government may use
assistance under this chapter, and shall provide notice of that use to the
Secretary under subsection (a), for any other activity that is consistent
with 1 or more of the purposes described in section 6701(a)(2).
"(2) NOTICE DEEMED TO DESCRIBE CONSISTENT USE.-Notice by a unit of general
local government that it intends to use assistance under this chapter for an
activity other than an activity described in subsection (a) is deemed to
describe an activity that is consistent with 1 or more of the purposes
described in section 6701(a)(2) unless the Secretary provides to the unit,
within 30 days after receipt of that notice of intent from the unit, written
notice (including an explanation) that the use is not consistent with those
purposes.
"(d) GENERAL REQUIREMENTS FOR QUALIFICATION.-A unit of general local
government qualifies for a payment under this chapter for a payment period
only after establishing to the satisfaction of the Secretary that-
"(1) the government will establish a trust fund in which the government
will deposit all payments received under this chapter;
"(2) the government will use amounts in the trust fund (including
interest) during a reasonable period;
"(3) the government will expend the payments so received, in accordance
with the laws and procedures that are applicable to the expenditure of
revenues of the government;
"(4) if at least 25 percent of the pay of individuals employed by the
government in a public employee occupation is paid out of the trust fund,
individuals in the occupation any part of whose pay is paid out of the trust
fund will receive pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations by the
government;
"(5) All laborers and mechanics employed by contractors or subcontractors
in the performance of any contract and subcontract for the repair,
renovation, alteration, or construction, including painting and decorating,
of any building or work that is financed in whole or in part by a grant under
this title, shall be paid wages not less than those determined by the
Secretary of Labor in accordance with the Act of March 3, 1931 (commonly
known as the Davis-Bacon Act); as amended (40 U.S.C. 276a-276a-5). The
Secretary of Labor shall have the authority and functions set forth in
reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section
2 of the Act of June 1, 1934 (commonly known as the Copeland Anti-Kickback
Act) as amended (40 U.S.C. 276c, 48 Stat. 948).
"(5) the government will use accounting, audit, and fiscal procedures that
conform to guidelines which shall be prescribed by the Secretary after
consultation with the Comptroller General of the United States. As
applicable, amounts received under this chapter shall be audited in
compliance with the Single Audit Act of 1984;
"(6) after reasonable notice to the government, the government will make
available to the Secretary and the Comptroller General of the United States,
with the right to inspect, records the Secretary reasonably requires to
review compliance with this chapter or the Comptroller General of the United
States reasonably requires to review compliance and operations under section
6718(b);
"(7) the government will make reports the Secretary reasonably requires,
in addition to the annual reports required under section 6719(b); and
"(8) the government will spend the funds only for the purposes set forth
in section 6701(a)(2).
"(e) REVIEW BY GOVERNORS.-A unit of general local government shall give
the chief executive officer of the State in which the government is located
an opportunity for review and comment before establishing compliance with
subsection (d).
"(f) SANCTIONS FOR NONCOMPLIANCE.-
"(1) IN GENERAL.-If the Secretary decides that a unit of general local
government has not complied substantially with subsection (d) or regulations
prescribed under subsection (d), the Secretary shall notify the government.
The notice shall state that if the government does not take corrective action
by the 60th day after the date the government receives the notice, the
Secretary will withhold additional payments to the government for the current
payment period and later payment periods until the Secretary is satisfied
that the government-
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations prescribed under
subsection (d).
"(2) NOTICE.-Before giving notice under paragraph (1), the Secretary shall
give the chief executive officer of the unit of general local government
reasonable notice and an opportunity for comment.
"(3) PAYMENT CONDITIONS.-The Secretary may make a payment to a unit of
general local government notified under paragraph (1) only if the Secretary
is satisfied that the government-
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations prescribed under
subsection (d).
[pH8791]
"6704. State area allocations; allocations and payments to territorial
governments
"(a) FORMULA ALLOCATION BY STATE.-For each payment period, the Secretary
shall allocate to each State out of the amount appropriated for the period
under the authority of section 6702(b) (minus the amounts allocated to
territorial governments under subsection (e) for the payment period) an
amount bearing the same ratio to the amount appropriated (minus such amounts
allocated under subsection (e)) as the amount allocated to the State under
this section bears to the total amount allocated to all States under this
section. The Secretary shall-
"(1) determine the amount allocated to the State under subsection (b)
or (c) of this section and allocate the larger amount to the State; and
"(2) allocate the amount allocated to the State to units of general local
government in the State under sections 6705 and 6706.
"(b) GENERAL FORMULA.-
"(1) IN GENERAL.-For the payment period beginning October 1, 1994, the
amount allocated to a State under this subsection for a payment period is the
amount bearing the same ratio to $5,300,000,000 as-
"(A) the population of the State, multiplied by the general tax effort
factor of the State (determined under paragraph (2)), multiplied by the
relative income factor of the State (determined under paragraph (3)),
multiplied by the relative rate of the labor force unemployed in the
State (determined under paragraph (4)); bears to
"(B) the sum of the products determined under subparagraph (A) of this
paragraph for all States.
"(2) GENERAL TAX EFFORT FACTOR.-The general tax effort factor of a State
for a payment period is-
"(A) the net amount of State and local taxes of the State collected during
the year 1991 as reported by the Bureau of the Census in the publication
Government Finances 1990-1991; divided by
"(B) the total income of individuals, as determined by the Secretary of
Commerce for national accounts purposes for 1992 as reported in the
publication Survey of Current Business (August 1993), attributed to the State
for the same year.
"(3) RELATIVE INCOME FACTOR.-The relative income factor of a State is a
fraction in which-
"(A) the numerator is the per capita income of the United States; and
"(B) the denominator is the per capita income of the State.
"(4) RELATIVE RATE OF LABOR FORCE.-The relative rate of the labor force
unemployed in a State is a fraction in which-
"(A) the numerator is the percentage of the labor force of the State that
is unemployed in the calendar year preceding the payment period (as
determined by the Secretary of Labor for general statistical purposes); and
"(B) the denominator is the percentage of the labor force of the United
States that is unemployed in the calendar year preceding the payment
period (as determined by the Secretary of Labor for general statistical
purposes).
"(c) ALTERNATIVE FORMULA.-For the payment period beginning October 1,
1994, the amount allocated to a State under this subsection for a payment
period is the total amount the State would receive if-
"(1) $1,166,666,667 were allocated among the States on the basis of
population by allocating to each State an amount bearing the same ratio to
the total amount to be allocated under this paragraph as the population of
the State bears to the population of all States;
"(2) $1,166,666,667 were allocated among the States on the basis of
population inversely weighted for per capita income, by allocating to each
State an amount bearing the same ratio to the total amount to be allocated
under this paragraph as-
"(A) the population of the State, multiplied by a fraction in which-
"(i) the numerator is the per capita income of all States; and
"(ii) the denominator is the per capita income of the State; bears to
"(B) the sum of the products determined under subparagraph (A) for all
States;
"(3) $600,000,000 were allocated among the States on the basis of income
tax collections by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as the income tax
amount of the State (determined under subsection (d)(1)) bears to the sum of
the income tax amounts of all States;
"(4) $600,000,000 were allocated among the States on the basis of general
tax effort by allocating to each State an amount bearing the same ratio to
the total amount to be allocated under this paragraph as the general tax
effort amount of the State (determined under subsection (d)(2)) bears to the
sum of the general tax effort amounts of all States;
"(5) $600,000,000 were allocated among the States on the basis of
unemployment by allocating to each State an amount bearing the same ratio to
the total amount to be allocated under this paragraph as-
"(A) the labor force of the State, multiplied by a fraction in which-
"(i) the numerator is the percentage of the labor force of the State that is
unemployed in the calendar year preceding the payment period (as determined
by the Secretary of Labor for general statistical purposes); and
"(ii) the denominator is the percentage of the labor force of the United
States that is unemployed in the calendar year preceding the payment
period (as determined by the Secretary of Labor for general statistical
purposes)
bears to
"(B) the sum of the products determined under subparagraph (A) for all
States; and
"(6) $1,166,666,667 were allocated among the States on the basis of
urbanized population by allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this paragraph as the
urbanized population of the State bears to the urbanized population of all
States. In this paragraph, the term `urbanized population' means the
population of an area consisting of a central city or cities of at least
50,000 inhabitants and the surrounding closely settled area for the city or
cities considered as an urbanized area as published by the Bureau of the
Census for 1990 in the publication General Population Characteristics for
Urbanized Areas.
"(d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT.-
"(1) INCOME TAX AMOUNT.-The income tax amount of a State for a payment
period is 15 percent of the net amount collected during the calendar year
ending before the beginning of the payment period from the tax imposed on the
income of individuals by the State and described as a State income tax under
section 164(a)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 164(a)(3)).
The income tax amount for a payment period shall be at least 1 percent but
not more than 6 percent of the United States Government individual income tax
liability attributed to the State for the taxable year ending during the last
calendar year ending before the beginning of the payment period. The
Secretary shall determine the Government income tax liability attributed to
the State by using the data published by the Secretary for 1991 in the
publication Statistics of Income Bulletin (Winter 1993-1994).
"(2) GENERAL TAX EFFORT AMOUNT.-The general tax effort amount of a State
for a payment period is the amount determined by multiplying-
"(A) the net amount of State and local taxes of the State collected during
the year 1991 as reported in the Bureau of Census in the publication
Government Finances 1990-1991; and
"(B) the general tax effort factor of the State determined under
subsection (b)(2).
"(e) ALLOCATION FOR PUERTO RICO, GUAM, AMERICAN SAMOA, AND THE VIRGIN
ISLANDS.-
"(1) IN GENERAL.-(A) For each payment period for which funds are available
for allocation under this chapter, the Secretary shall allocate to each
territorial government an amount equal to the product of 1 percent of the
amount of funds available for allocation multiplied by the applicable
territorial percentage.
"(B) For the purposes of this paragraph, the applicable territorial
percentage of a territory is equal to the quotient resulting from the
division of the territorial population of such territory by the sum of the
territorial population for all territories.
"(2) PAYMENTS TO LOCAL GOVERNMENTS.-The governments of the territories
shall make payments to local governments within their jurisdiction from sums
received under this subsection as they consider appropriate.
"(3) DEFINITIONS.-For purposes of this subsection-
"(A) the term `territorial government' means the government of a
territory;
"(B) the term `territory' means Puerto Rico, Guam, American Samoa, and the
Virgin Islands; and
"(C) the term `territorial population' means the most recent population
for each territory as determined by the Bureau of Census.
[pH8792]
"6705. Local government allocations
"(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES.-If there is in a State an
Indian tribe or Alaskan native village having a recognized governing body
carrying out substantial governmental duties and powers, the Secretary shall
allocate to the tribe or village, out of the amount allocated to the State
under section 6704, an amount bearing the same ratio to the amount allocated
to the State as the population of the tribe or village bears to the
population of the State. The Secretary shall allocate amounts under this
subsection to Indian tribes and Alaskan native villages in a State before
allocating amounts to units of general local government in the State under
subsection (c). For the payment period beginning October 1, 1994, the
Secretary shall use as the population of each Indian tribe or Alaskan native
village the population for 1991 as reported by the Bureau of Indian Affairs
in the publication Indian Service Population and Labor Force
Estimates (January 1991). In addition to uses authorized under section
6701(a)(2), amounts allocated under this subsection and paid to an Indian
tribe or Alaskan native village under this chapter may be used for renovating
or building prisons or other correctional facilities.
"(b) NEWLY INCORPORATED LOCAL GOVERNMENTS AND ANNEXED GOVERNMENTS.-If
there is in a State a unit of general local government that has been
incorporated since the date of the collection of the data used by the
Secretary in making allocations pursuant to sections 6704 through 6706 and
6708, the Secretary shall allocate to this newly incorporated local
government, out of the amount allocated to the State under section 6704, an
amount bearing the same ratio to the amount allocated to the State as the
population of the newly incorporated local government bears to the population
of the State. If there is in the State a unit of general local government
that has been annexed since the date of the collection of the data used by
the Secretary in making allocations pursuant to sections 6704 through 6706
and 6708, the Secretary shall pay the amount that would have been allocated
to this local government to the unit of general local government that annexed
it.
"(c) OTHER LOCAL GOVERNMENT ALLOCATIONS.-
"(1) IN GENERAL.-The Secretary shall allocate among the units of general
local government in a State (other than units receiving allocations under
subsection (a)) the amount allocated to the State under section 6704 (as that
amount is reduced by allocations under subsection (a)). Of the amount to be
allocated, the Secretary shall allocate a portion equal to -1/2- of such
amount in accordance with section 6706(1), and shall allocate a portion equal
to -1/2- of such amount in accordance with section 6706(2). A unit of general
local government shall receive an amount equal to the sum of amounts
allocated to the unit from each portion.
"(2) RATIO.-From each portion to be allocated to units of local government
in a State under paragraph (1), the Secretary shall allocate to a unit an
amount bearing the same ratio to the funds to be allocated as-
"(A) the population of the unit, multiplied by the general tax effort
factor of the unit (determined under paragraph (3)), multiplied by the income
gap of the unit (determined under paragraph (4)), bears to
"(B) the sum of the products determined under subparagraph (A) for all
units in the State for which the income gap for that portion under
paragraph (4) is greater than zero.
"(3) GENERAL TAX EFFORT FACTOR.-(A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of general local
government for a payment period is-
"(i) the adjusted taxes of the unit; divided by
"(ii) the total income attributed to the unit.
"(B) If the amount determined under subparagraphs (A) (i) and (ii) for a
unit of general local government is less than zero, the general tax effort
factor of the unit is deemed to be zero.
"(C)(i) Except as otherwise provided in this subparagraph, for the payment
period beginning October 1, 1994, the adjusted taxes of a unit of general
local government are the taxes imposed by the unit for public
purposes (except employee and employer assessments and contributions to
finance retirement and social insurance systems and other special assessments
for capital outlay), as determined by the Bureau of the Census for the 1987
Census of Governments and adjusted as follows:
"(I) Adjusted taxes equals total taxes times a fraction in which the
numerator is the sum of unrestricted revenues and revenues dedicated for
spending on education minus total education spending and the denominator is
total unrestricted revenues.
"(II) Total taxes is the sum of property tax; general sales tax; alcoholic
beverage tax; amusement tax; insurance premium tax; motor fuels tax;
parimutuels tax; public utilities tax; tobacco tax; other selective sales
tax; alcoholic beverage licenses, amusement licenses; corporation licenses,
hunting and fishing licenses; motor vehicle licenses; motor vehicle operator
licenses; public utility licenses; occupation and business licenses, not
elsewhere classified; other licenses, individual income tax; corporation net
income tax; death and gift tax; documentary and stock transfer tax; severance
tax; and taxes not elsewhere classified.
"(III) Unrestricted revenues is the sum of total taxes and
intergovernmental revenue from Federal Government, general revenue sharing;
intergovernmental revenue from Federal Government, other general support;
intergovernmental revenue from Federal Government, other; intergovernmental
revenue from State government, other general support; intergovernmental
revenue from State government, other; intergovernmental revenue from local
governments, other general support; intergovernmental revenue from local
governments, other; miscellaneous general revenue, property sale-housing and
community development; miscellaneous general revenue, property sale-other
property; miscellaneous general revenue, interest earnings on investments;
miscellaneous general revenue, fines and forfeits; miscellaneous general
revenue, rents; miscellaneous general revenues, royalties; miscellaneous
general revenue, donations from private sources; miscellaneous general
revenue, net lottery revenue (after prizes and administrative expenses);
miscellaneous general revenue, other miscellaneous general revenue; and all
other general charges, not elsewhere classified.
"(IV) Revenues dedicated for spending on education is the sum of
elementary and secondary education, school lunch; elementary and secondary
education, tuition; elementary and secondary education, other; higher
education, auxiliary enterprises; higher education, other; other education,
not elsewhere classified; intergovernmental revenue from Federal Government,
education; intergovernmental revenue from State government, education;
intergovernmental revenue from local governments, interschool system revenue;
intergovernmental revenue from local governments, education; interest
earnings, higher education; interest earnings, elementary and secondary
education; miscellaneous revenues, higher education; and miscellaneous
revenues, elementary and secondary education.
"(V) Total education spending is the sum of elementary and secondary
education, current operations; elementary and secondary education,
construction; elementary and secondary education, other capital outlays;
elementary and secondary education, to State governments; elementary and
secondary education, to local governments, not elsewhere classified;
elementary and secondary education, to counties; elementary and secondary
education, to municipalities; elementary and secondary education, to
townships; elementary and secondary education, to school districts;
elementary and secondary education, to special districts; higher
education-auxiliary enterprises, current operations; higher
education-auxiliary enterprises, construction; higher education, auxiliary
enterprises, other capital outlays; other higher education, current
operations; other higher education, construction; other higher education,
other capital outlays; other higher education, to State government; other
higher education, to local governments, not elsewhere classified; other
higher education, to counties; other higher education, to municipalities;
other higher education, to townships; other higher education, to school
districts; other higher education, to special districts; education assistance
and subsidies; education, not elsewhere classified, current operations;
education, not elsewhere classified, construction education, not elsewhere
classified, other capital outlays; education, not elsewhere classified, to
State government; education, not elsewhere classified, to local governments,
not elsewhere classified; education, not elsewhere classified, to counties;
education, not elsewhere classified, to municipalities; education, not
elsewhere classified, to townships; education, not elsewhere classified, to
school districts; education, not elsewhere classified, to special districts;
and education, not elsewhere classified, to Federal Government.
"(VI) If the amount of adjusted taxes is less than zero, the amount of
adjusted tax shall be deemed to be zero.
"(VII) If the amount of adjusted taxes exceeds the amount of total taxes,
the amount of adjusted taxes is deemed to equal the amount of total taxes.
"(ii) The Secretary shall, for purposes of clause (i), include that part
of sales taxes transferred to a unit of general local government that are
imposed by a county government in the geographic area of which is located the
unit of general local government as taxes imposed by the unit for public
purposes if-
"(I) the county government transfers any part of the revenue from the
taxes to the unit of general local government without specifying the purpose
for which the unit of general local government may expend the revenue; and
"(II) the chief executive officer of the State notifies the Secretary that
the taxes satisfy the requirements of this clause.
"(iii) The adjusted taxes of a unit of general local government shall not
exceed the maximum allowable adjusted taxes for that unit.
"(iv) The maximum allowable adjusted taxes for a unit of general local
government is the allowable adjusted taxes of the unit minus the excess
adjusted taxes of the unit.
"(v) The allowable adjusted taxes of a unit of general government is the
greater of-
"(I) the amount equal to 2.5, multiplied by the per capita adjusted taxes
of all units of general local government of the same type in the State,
multiplied by the population of the unit; or
"(II) the amount equal to the population of the unit, multiplied by the
sum of the adjusted taxes of all units of municipal local government in the
State, divided by the sum of the populations of all the units of municipal
local government in the State.
"(vi) The excess adjusted taxes of a unit of general local government is
the amount equal to-
"(I) the adjusted taxes of the unit, minus
"(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
except that if this amount is less than zero then the excess adjusted
taxes of the unit is deemed to be zero.
"(vii) For purposes of this subparagraph-
"(I) the term `per capita adjusted taxes of all units of general local
government of the same type' means the sum of the adjusted taxes of all units
of general local government of the same type divided by the sum of the
populations of all units of general local government of the same type; and
"(II) the term `units of general local government of the same type' means
all townships if the unit of general local government is a township, all
municipalities if the unit of general local government is a municipality, all
counties if the unit of general local government is a county, or all unified
city/county governments if the unit of general local government is a unified
city/county government.
"(4) INCOME GAP.-(A) Except as provided in subparagraph (B), the income
gap of a unit of general local government is-
"(i) the number which applies under section 6706, multiplied by the per
capita income of the State in which the unit is located; minus
"(ii) the per capita income of the geographic area of the unit.
"(B) If the amount determined under subparagraph (A) for a unit of general
local government is less than zero, then the relative income factor of the
unit is deemed to be zero.
"(d) SMALL GOVERNMENT ALLOCATIONS.-If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the Secretary
is inadequate, the Secretary may allocate to the unit, in lieu of any
allocation under subsection (b) for a payment period, an amount bearing the
same ratio to the total amount to be allocated under subsection (b) for the
period for all units of general local government in the State as the
population of the unit bears to the population of all units in the State.
[pH8793]
"6706. Income gap multiplier
"For purposes of determining the income gap of a unit of general local
government under section 6705(b)(4)(A), the number which applies is-
"(1) 1.6, with respect to -1/2- of any amount allocated under section 6704
to the State in which the unit is located; and
"(2) 1.2, with respect to the remainder of such amount.
"6707. State variation of local government allocations
"(a) STATE FORMULA.-A State government may provide by law for the
allocation of amounts among units of general local government in the State on
the basis of population multiplied by the general tax effort factors or
income gaps of the units of general local government determined under
sections 6705 (a) and (b) or a combination of those factors. A State
government providing for a variation of an allocation formula provided under
sections 6705 (a) and (b) shall notify the Secretary of the variation by the
30th day before the beginning of the first payment period in which the
variation applies. A variation shall-
"(1) provide for allocating the total amount allocated under sections
6705 (a) and (b); and
"(2) apply uniformly in the State.
"(b) CERTIFICATION.-A variation by a State government under this section
may apply only if the Secretary certifies that the variation complies with
this section. The Secretary may certify a variation only if the Secretary is
notified of the variation at least 30 days before the first payment period in
which the variation applies.
"6708. Adjustments of local government allocations
"(a) MAXIMUM AMOUNT.-The amount allocated to a unit of general local
government for a payment period may not exceed the adjusted taxes imposed by
the unit of general local government as determined under section 6705(b)(3).
Amounts in excess of adjusted taxes shall be paid to the Governor of the
State in which the unit of local government is located.
"(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL GOVERNMENT.-If the
amount allocated to a unit of general local government (except an Indian
tribe or an Alaskan native village) for a payment period would be less
than $5,000 but for this subsection or is waived by the governing authority
of the unit of general local government, the Secretary shall pay the amount
to the Governor of the State in which the unit is located.
"(c) USE OF PAYMENTS TO STATES.-The Governor of a State shall use all
amounts paid to the Governor under subsections (a) and (b) for programs
described in section 6701(a)(2) in areas of the State where are located the
units of general local government with respect to which amounts are paid
under subsection (b).
"(d) DE MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN NATIVE VILLAGES.-
"(1) AGGREGATION OF DE MINIMIS ALLOCATIONS.-If the amount allocated to an
Indian tribe or an Alaskan native village for a payment period would be less
than $5,000 but for this subsection or is waived by the chief elected
official of the tribe or village, the amount-
"(A) shall not be paid to the tribe or village (except under
paragraph (2)); and
"(B) shall be aggregated with other such amounts and available for use by
the Attorney General under paragraph (2).
"(2) USE OF AGGREGATED AMOUNTS.-Amounts aggregated under paragraph (1) for
a payment period shall be available for use by the Attorney General to make
grants in the payment period on a competitive basis to Indian Tribes and
Alaskan native village for-
"(A) programs described in section 6701(a)(2); or
"(B) renovating or building prisons or other correctional facilities.
"6709. Information used in allocation formulas
"(a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTOBER 1, 1994.-For the
payment period beginning October 1, 1994, the Secretary, in making
allocations pursuant to sections 6704 through 6706 and 6708, shall use for
the population of the States the population for 1992 as reported by the
Bureau of the Census in the publication Current Population Reports, Series
P-25, No. 1045 (July 1992) and for the population of units of general local
government the Secretary shall use the population for 1990 as reported by the
Bureau of the Census in the publication Summary Social, Economic, and Housing
Characteristics.
"(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER 30, 1995.-For any
payment period beginning after September 30, 1995, the Secretary, in making
allocations pursuant to sections 6704 through 6706 and 6708, shall use
information more recent than the information used for the payment period
beginning October 1, 1994, provided the Secretary notifies the Committee on
Government Operations of the House of Representatives at least 90 days prior
to the beginning of the payment period that the Secretary has determined that
the more recent information is more reliable than the information used for
the payment period beginning October 1, 1994.
[pH8794]
"6710. Public participation
"(a) HEARINGS.-
"(1) IN GENERAL.-A unit of general local government expending payments
under this chapter shall hold at least one public hearing on the proposed use
of the payment in relation to its entire budget. At the hearing, persons
shall be given an opportunity to provide written and oral views to the
governmental authority responsible for enacting the budget and to ask
questions about the entire budget and the relation of the payment to the
entire budget. The government shall hold the hearing at a time and a place
that allows and encourages public attendance and participation.
"(2) SENIOR CITIZENS.-A unit of general local government holding a hearing
required under this subsection or by the budget process of the government
shall try to provide senior citizens and senior citizen organizations with an
opportunity to present views at the hearing before the government makes a
final decision on the use of the payment.
"(b) DISCLOSURE OF INFORMATION.-
"(1) IN GENERAL.-By the 10th day before a hearing required under
subsection (a)(1) is held, a unit of general local government shall-
"(A) make available for inspection by the public at the principal office
of the government a statement of the proposed use of the payment and a
summary of the proposed budget of the government; and
"(B) publish in at least one newspaper of general circulation the proposed
use of the payment with the summary of the proposed budget and a notice of
the time and place of the hearing.
"(2) AVAILABILITY.-By the 30th day after adoption of the budget under
State or local law, the government shall-
"(A) make available for inspection by the public at the principal office
of the government a summary of the adopted budget, including the proposed use
of the payment; and
"(B) publish in at least one newspaper of general circulation a notice
that the information referred to in subparagraph (A) is available for
inspection.
"(c) WAIVERS OF REQUIREMENTS.-A requirement-
"(1) under subsection (a)(1) may be waived if the budget process required
under the applicable State or local law or charter provisions-
"(A) ensures the opportunity for public attendance and participation
contemplated by subsection (a); and
"(B) includes a hearing on the proposed use of a payment received under
this chapter in relation to the entire budget of the government; and
"(2) under subsection (b)(1)(B) and paragraph (2)(B) may be waived if the
cost of publishing the information would be unreasonably burdensome in
relation to the amount allocated to the government from amounts available for
payment under this chapter, or if publication is otherwise impracticable.
"(d) EXCEPTION TO 10-DAY LIMITATION.-If the Secretary is satisfied that a
unit of general local government will provide adequate notice of the proposed
use of a payment received under this chapter, the 10-day period under
subsection (b)(1) may be changed to the extent necessary to comply with
applicable State or local law.
"6711. Prohibited discrimination
"(a) GENERAL PROHIBITION.-No person in the United States shall be excluded
from participating in, be denied the benefits of, or be subject to
discrimination under, a program or activity of a unit of general local
government because of race, color, national origin, or sex if the government
receives a payment under this chapter.
"(b) ADDITIONAL PROHIBITIONS.-The following prohibitions and exemptions
also apply to a program or activity of a unit of general local government if
the government receives a payment under this chapter:
"(1) A prohibition against discrimination because of age under the Age
Discrimination Act of 1975.
"(2) A prohibition against discrimination against an otherwise qualified
handicapped individual under section 504 of the Rehabilitation Act of 1973.
"(3) A prohibition against discrimination because of religion, or an
exemption from that prohibition, under the Civil Rights Act of 1964 or title
VIII of the Act of April 11, 1968 (popularly known as the Civil Rights Act of
1968).
"(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS.-Subsections (a) and (b)
do not apply if the government shows, by clear and convincing evidence, that
a payment received under this chapter is not used to pay for any part of the
program or activity with respect to which the allegation of discrimination is
made.
"(d) INVESTIGATION AGREEMENTS.-The Secretary shall try to make agreements
with heads of agencies of the United States Government and State agencies to
investigate noncompliance with this section. An agreement shall-
"(1) describe the cooperative efforts to be taken (including sharing civil
rights enforcement personnel and resources) to obtain compliance with this
section; and
"(2) provide for notifying immediately the Secretary of actions brought by
the United States Government or State agencies against a unit of general
local government alleging a violation of a civil rights law or a regulation
prescribed under a civil rights law.
"6712. Discrimination proceedings
"(a) NOTICE OF NONCOMPLIANCE.-By the 10th day after the Secretary makes a
finding of discrimination or receives a holding of discrimination about a
unit of general local government, the Secretary shall submit a notice of
noncompliance to the government. The notice shall state the basis of the
finding or holding.
"(b) INFORMAL PRESENTATION OF EVIDENCE.-A unit of general local government
may present evidence informally to the Secretary within 30 days after the
government receives a notice of noncompliance from the Secretary. Except as
provided in subsection (e), the government may present evidence on whether-
"(1) a person in the United States has been excluded or denied benefits
of, or discriminated against under, the program or activity of the
government, in violation of section 6711(a);
"(2) the program or activity of the government violated a prohibition
described in section 6711(b); and
"(3) any part of that program or activity has been paid for with a payment
received under this chapter.
"(c) TEMPORARY SUSPENSION OF PAYMENTS.-By the end of the 30-day period
under subsection (b), the Secretary shall decide whether the unit of general
local government has not complied with section 6711 (a) or (b), unless the
government has entered into a compliance agreement under section 6714. If the
Secretary decides that the government has not complied, the Secretary shall
notify the government of the decision and shall suspend payments to the
government under this chapter unless, within 10 days after the government
receives notice of the decision, the government-
"(1) enters into a compliance agreement under section 6714; or
"(2) requests a proceeding under subsection (d)(1).
"(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.-
"(1) PROCEEDING.-A proceeding requested under subsection (c)(2) shall
begin by the 30th day after the Secretary receives a request for the
proceeding. The proceeding shall be before an administrative law judge
appointed under section 3105 of title 5, United States Code. By the 30th day
after the beginning of the proceeding, the judge shall issue a preliminary
decision based on the record at the time on whether the unit of general local
government is likely to prevail in showing compliance with section 6711 (a)
or (b).
"(2) DECISION.-If the administrative law judge decides at the end of a
proceeding under paragraph (1) that the unit of general local government has-
"(A) not complied with section 6711 (a) or (b), the judge may order
payments to the government under this chapter terminated; or
"(B) complied with section 6711 (a) or (b), a suspension under section
6713(a)(1)(A) shall be discontinued promptly.
"(3) LIKELIHOOD OF PREVAILING.-An administrative law judge may not issue a
preliminary decision that the government is not likely to prevail if the
judge has issued a decision described in paragraph (2)(A).
"(e) BASIS FOR REVIEW.-In a proceeding under subsections (b) through (d)
on a program or activity of a unit of general local government about which a
holding of discrimination has been made, the Secretary or administrative law
judge may consider only whether a payment under this chapter was used to pay
for any part of the program or activity. The holding of discrimination is
conclusive. If the holding is reversed by an appellate court, the Secretary
or judge shall end the proceeding.
"6713. Suspension and termination of payments in discrimination
proceedings
"(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS.-
"(1) IN GENERAL.-The Secretary shall suspend payment under this chapter to
a unit of general local government-
"(A) if an administrative law judge appointed under section 3105 of title
5, United States Code, issues a preliminary decision in a proceeding under
section 6712(d)(1) that the government is not likely to prevail in showing
compliance with section 6711 (a) and (b);
"(B) if the administrative law judge decides at the end of the proceeding
that the government has not complied with section 6711 (a) or (b), unless the
government makes a compliance agreement under section 6714 by the 30th day
after the decision; or
"(C) if required under section 6712(c).
"(2) EFFECTIVENESS.-A suspension already ordered under paragraph (1)(A)
continues in effect if the administrative law judge makes a decision under
paragraph (1)(B).
"(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.-If a holding of
discrimination is reversed by an appellate court, a suspension or termination
of payments in a proceeding based on the holding shall be discontinued.
"(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE.-The Secretary may
resume payment to a unit of general local government of payments suspended by
the Secretary only-
"(1) as of the time of, and under the conditions stated in-
"(A) the approval by the Secretary of a compliance agreement under section
6714(a)(1); or
"(B) a compliance agreement entered into by the Secretary under section
6714(a)(2);
"(2) if the government complies completely with an order of a United
States court, a State court, or administrative law judge that covers all
matters raised in a notice of noncompliance submitted by the Secretary under
section 6712(a);
"(3) if a United States court, a State court, or an administrative law
judge decides (including a judge in a proceeding under section 6712(d)(1)),
that the government has complied with sections 6711 (a) and (b); or
"(4) if a suspension is discontinued under subsection (b).
"(d) PAYMENT OF DAMAGES AS COMPLIANCE.-For purposes of subsection (c)(2),
compliance by a government may consist of the payment of restitution to a
person injured because the government did not comply with section 6711 (a)
or (b).
"(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT.-The Secretary may
resume payment to a unit of general local government of payments terminated
under section 6712(d)(2)(A) only if the decision resulting in the termination
is reversed by an appellate court.
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"6714. Compliance agreements
"(a) TYPES OF COMPLIANCE AGREEMENTS.-A compliance agreement is an
agreement-
"(1) approved by the Secretary, between the governmental authority
responsible for prosecuting a claim or complaint that is the basis of a
holding of discrimination and the chief executive officer of the unit of
general local government that has not complied with section 6711 (a) or (b);
or
"(2) between the Secretary and the chief executive officer.
"(b) CONTENTS OF AGREEMENTS.-A compliance agreement-
"(1) shall state the conditions the unit of general local government has
agreed to comply with that would satisfy the obligations of the government
under sections 6711 (a) and (b);
"(2) shall cover each matter that has been found not to comply, or would
not comply, with section 6711 (a) or (b); and
"(3) may be a series of agreements that dispose of those matters.
"(c) AVAILABILITY OF AGREEMENTS TO PARTIES.-The Secretary shall submit a
copy of a compliance agreement to each person who filed a complaint referred
to in section 6716(b), or, if an agreement under subsection (a)(1), each
person who filed a complaint with a governmental authority, about a failure
to comply with section 6711 (a) or (b). The Secretary shall submit the copy
by the 15th day after an agreement is made. However, if the Secretary
approves an agreement under subsection (a)(1) after the agreement is made,
the Secretary may submit the copy by the 15th day after approval of the
agreement.
"6715. Enforcement by the Attorney General of prohibitions on
discrimination
"The Attorney General may bring a civil action in an appropriate district
court of the United States against a unit of general local government that
the Attorney General has reason to believe has engaged or is engaging in a
pattern or practice in violation of section 6711 (a) or (b). The court may
grant-
"(1) a temporary restraining order;
"(2) an injunction; or
"(3) an appropriate order to ensure enjoyment of rights under section
6711 (a) or (b), including an order suspending, terminating, or requiring
repayment of, payments under this chapter or placing additional payments
under this chapter in escrow pending the outcome of the action.
"6716. Civil action by a person adversely affected
"(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT.-If a unit of
general local government, or an officer or employee of a unit of general
local government acting in an official capacity, engages in a practice
prohibited by this chapter, a person adversely affected by the practice may
bring a civil action in an appropriate district court of the United States or
a State court of general jurisdiction. Before bringing an action under this
section, the person must exhaust administrative remedies under
subsection (b).
"(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED.-A person adversely
affected shall file an administrative complaint with the Secretary or the
head of another agency of the United States Government or the State agency
with which the Secretary has an agreement under section 6711(d).
Administrative remedies are deemed to be exhausted by the person after the
90th day after the complaint was filed if the Secretary, the head of the
Government agency, or the State agency-
"(1) issues a decision that the government has not failed to comply with
this chapter; or
"(2) does not issue a decision on the complaint.
"(c) AUTHORITY OF COURT.-In an action under this section, the court-
"(1) may grant-
"(A) a temporary restraining order;
"(B) an injunction; or
"(C) another order, including suspension, termination, or repayment of,
payments under this chapter or placement of additional payments under this
chapter in escrow pending the outcome of the action; and
"(2) to enforce compliance with section 6711 (a) or (b), may allow a
prevailing party (except the United States Government) a reasonable
attorney's fee.
"(d) INTERVENTION BY ATTORNEY GENERAL.-In an action under this section to
enforce compliance with section 6711 (a) or (b), the Attorney General may
intervene in the action if the Attorney General certifies that the action is
of general public importance. The United States Government is entitled to the
same relief as if the Government had brought the action and is liable for the
same fees and costs as a private person.
"6717. Judicial review
"(a) APPEALS IN FEDERAL COURT OF APPEALS.-A unit of general local
government which receives notice from the Secretary about withholding
payments under section 6703(f), suspending payments under section
6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply
for review of the action of the Secretary by filing a petition for review
with the court of appeals of the United States for the circuit in which the
government is located. The petition shall be filed by the 60th day after the
date the notice is received. The clerk of the court shall immediately send a
copy of the petition to the Secretary.
"(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.-The Secretary shall
file with the court a record of the proceeding on which the Secretary based
the action. The court may consider only objections to the action of the
Secretary that were presented before the Secretary.
"(c) COURT ACTION.-The court may affirm, change, or set aside any part of
the action of the Secretary. The findings of fact by the Secretary are
conclusive if supported by substantial evidence in the record. If a finding
is not supported by substantial evidence in the record, the court may remand
the case to the Secretary to take additional evidence. Upon such a remand,
the Secretary may make new or modified findings and shall certify additional
proceedings to the court.
"(d) REVIEW ONLY BY SUPREME COURT.-A judgment of a court under this
section may be reviewed only by the Supreme Court under section 1254 of title
28, United States Code.
"6718. Investigations and reviews
"(a) INVESTIGATIONS BY SECRETARY.-
"(1) IN GENERAL.-The Secretary shall within a reasonable time limit-
"(A) carry out an investigation and make a finding after receiving a
complaint referred to in section 6716(b), a determination by a State or local
administrative agency, or other information about a possible violation of
this chapter;
"(B) carry out audits and reviews (including investigations of
allegations) about possible violations of this chapter; and
"(C) advise a complainant of the status of an audit, investigation, or
review of an allegation by the complainant of a violation of section 6711 (a)
or (b) or other provision of this chapter.
"(2) TIME LIMIT.-The maximum time limit under paragraph (1)(A) is 120
days.
"(b) REVIEWS BY COMPTROLLER GENERAL.-The Comptroller General of the United
States shall carry out reviews of the activities of the Secretary, State
governments, and units of general local government necessary for the Congress
to evaluate compliance and operations under this chapter. These reviews shall
include a comparison of the waste and inefficiency of local governments using
funds under this chapter compared to waste and inefficiency with other
comparable Federal programs.
"6719. Reports
"(a) REPORTS BY SECRETARY TO CONGRESS.-Before June 2 of each year prior to
2002, the Secretary personally shall report to the Congress on-
"(1) the status and operation of the Local Government Fiscal Assistance
Fund during the prior fiscal year; and
"(2) the administration of this chapter, including a complete and detailed
analysis of-
"(A) actions taken to comply with sections 6711 through 6715, including a
description of the kind and extent of noncompliance and the status of pending
complaints;
"(B) the extent to which units of general local government receiving
payments under this chapter have complied with the requirements of this
chapter;
"(C) the way in which payments under this chapter have been distributed in
the jurisdictions receiving payments; and
"(D) significant problems in carrying out this chapter and recommendations
for legislation to remedy the problems.
"(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO SECRETARY.-
"(1) IN GENERAL.-At the end of each fiscal year, each unit of general
local government which received a payment under this chapter for the fiscal
year shall submit a report to the Secretary. The report shall be submitted in
the form and at a time prescribed by the Secretary and shall be available to
the public for inspection. The report shall state-
"(A) the amounts and purposes for which the payment has been appropriated,
expended, or obligated in the fiscal year;
"(B) the relationship of the payment to the relevant functional items in
the budget of the government; and
"(C) the differences between the actual and proposed use of the payment.
"(2) AVAILABILITY OF REPORT.-The Secretary shall provide a copy of a
report submitted under paragraph (1) by a unit of general local government to
the chief executive officer of the State in which the government is located.
The Secretary shall provide the report in the manner and form prescribed by
the Secretary.
"6720. Definitions, application, and administration
"(a) DEFINITIONS.-In this chapter-
"(1) `unit of general local government' means-
"(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as determined
by the Secretary of Commerce for general statistical purposes; and
"(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers;
"(2) `payment period' means each 1-year period beginning on October 1 of
the years 1994 through 2000;
"(3) `State and local taxes' means taxes imposed by a State government or
unit of general local government or other political subdivision of a State
government for public purposes (except employee and employer assessments and
contributions to finance retirement and social insurance systems and other
special assessments for capital outlay) as determined by the Secretary of
Commerce for general statistical purposes;
"(4) `State' means any of the several States and the District of Columbia;
"(5) `income' means the total money income received from all sources as
determined by the Secretary of Commerce for general statistical purposes,
which for units of general local government is reported by the Bureau of the
Census for 1990 in the publication Summary Social, Economic, and Housing
Characteristics;
"(6) `per capita income' means-
"(A) in the case of the United States, the income of the United States
divided by the population of the United States;
"(B) in the case of a State, the income of that State, divided by the
population of that State; and
"(C) in the case of a unit of general local government, the income of that
unit of general local government divided by the population of the unit of
general local government;
"(7) `finding of discrimination' means a decision by the Secretary about a
complaint described in section 6716(b), a decision by a State or local
administrative agency, or other information (under regulations prescribed by
the Secretary) that it is more likely than not that a unit of general local
government has not complied with section 6711 (a) or (b);
"(8) `holding of discrimination' means a holding by a United States court,
a State court, or an administrative law judge appointed under section 3105 of
title 5, United States Code, that a unit of general local government
expending amounts received under this chapter has-
"(A) excluded a person in the United States from participating in, denied
the person the benefits of, or subjected the person to discrimination under,
a program or activity because of race, color, national origin, or sex; or
"(B) violated a prohibition against discrimination described in section
6711(b); and
"(9) `Secretary' means the Secretary of Housing and Urban Development.
"(b) DELEGATION OF ADMINISTRATION.-The Secretary may enter into agreements
with other executive branch departments and agencies to delegate to that
department or agency all or part of the Secretary's responsibility for
administering this chapter.
"(c) TREATMENT OF SUBSUMED AREAS.-If the entire geographic area of a unit
of general local government is located in a larger entity, the unit of
general local government is deemed to be located in the larger entity. If
only part of the geographic area of a unit is located in a larger entity,
each part is deemed to be located in the larger entity and to be a separate
unit of general local government in determining allocations under this
chapter. Except as provided in regulations prescribed by the Secretary, the
Secretary shall make all data computations based on the ratio of the
estimated population of the part to the population of the entire unit of
general local government.
"(d) BOUNDARY AND OTHER CHANGES.-If a boundary line change, a State
statutory or constitutional change, annexation, a governmental
reorganization, or other circumstance results in the application of sections
6704 through 6708 in a way that does not carry out the purposes of sections
6701 through 6708, the Secretary shall apply sections 6701 through 6708 under
regulations of the Secretary in a way that is consistent with those
purposes.".
(b) ISSUANCE OF REGULATIONS.-Within 90 days of the date of enactment of
this Act the Secretary shall issue regulations, which may be interim
regulations, to implement subsection (a), modifying the regulations for
carrying into effect the Revenue Sharing Act that were in effect as of July
1, 1987, and that were published in 31 C.F.R. part 51. The Secretary need not
hold a public hearing before issuing these regulations.
(c) DEFICIT NEUTRALITY.-Any appropriation to carry out the amendment made
by this subtitle to title 31, United States Code, for fiscal year 1995 or
1996 shall be offset by cuts elsewhere in appropriations for that fiscal
year.
[pH8796]
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of title 31, United
States Code, is amended by adding after the item relating to chapter 65 the
following:
"67. Federal payments 6701".
Subtitle K-National Community Economic Partnership
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the "National Community Economic Partnership
Act of 1994".
CHAPTER 1-COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
SEC.31111.PURPOSE.
It is the purpose of this chapter to increase private investment in
distressed local communities and to build and expand the capacity of local
institutions to better serve the economic needs of local residents through
the provision of financial and technical assistance to community development
corporations.
SEC.31112.PROVISION OF ASSISTANCE.
(a) AUTHORITY.-The Secretary of Health and Human Services (referred to in
this subtitle as the "Secretary") may, in accordance with this chapter,
provide nonrefundable lines of credit to community development corporations
for the establishment, maintenance or expansion of revolving loan funds to be
utilized to finance projects intended to provide business and employment
opportunities for low-income, unemployed, or underemployed individuals and to
improve the quality of life in urban and rural areas.
(b) REVOLVING LOAN FUNDS.-
(1) COMPETITIVE ASSESSMENT OF APPLICATIONS.-In providing assistance under
subsection (a), the Secretary shall establish and implement a competitive
process for the solicitation and consideration of applications from eligible
entities for lines of credit for the capitalization of revolving funds.
(2) ELIGIBLE ENTITIES.-To be eligible to receive a line of credit under
this chapter an applicant shall-
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that shall include
a strategic investment plan that identifies and describes the economic
characteristics of the target area to be served, the types of business to be
assisted and the impact of such assistance on low-income, underemployed, and
unemployed individuals in the target area;
(C) demonstrate previous experience in the development of low-income
housing or community or business development projects in a low-income
community and provide a record of achievement with respect to such projects;
and
(D) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit or letters of
commitment) in an amount that is at least equal to the amount requested in
the application submitted under subparagraph (B).
(3) EXCEPTION.-Notwithstanding the provisions of paragraph (2)(D), the
Secretary may reduce local contributions to not less than 25 percent of the
amount of the line of credit requested by the community development
corporation if the Secretary determines such to be appropriate in accordance
with section 31116.
SEC.31113.APPROVAL OF APPLICATIONS.
(a) IN GENERAL.-In evaluating applications submitted under section
31112(b)(2)(B), the Secretary shall ensure that-
(1) the residents of the target area to be served (as identified under the
strategic development plan) would have an income that is less than the median
income for the area (as determined by the Secretary);
(2) the applicant community development corporation possesses the
technical and managerial capability necessary to administer a revolving loan
fund and has past experience in the development and management of housing,
community and economic development programs;
(3) the applicant community development corporation has provided
sufficient evidence of the existence of good working relationships with-
(A) local businesses and financial institutions, as well as with the
community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will target job
opportunities that arise from revolving loan fund investments under this
chapter so that 75 percent of the jobs retained or created under such
investments are provided to-
(A) individuals with-
(i) incomes that do not exceed the Federal poverty line; or
(ii) incomes that do not exceed 80 percent of the median income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have participated in job training
programs authorized under the Job Training Partnership Act (29 U.S.C. 1501 et
seq.) or the Family Support Act of 1988 (Public Law 100-485);
(D) individuals whose jobs may be retained as a result of the provision of
financing available under this chapter; or
(E) individuals who have historically been underrepresented in the local
economy; and
(5) a representative cross section of applicants are approved, including
large and small community development corporations, urban and rural community
development corporations and community development corporations representing
diverse populations.
(b) PRIORITY.-In determining which application to approve under this
chapter the Secretary shall give priority to those applicants proposing to
serve a target area-
(1) with a median income that does not exceed 80 percent of the median for
the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the Secretary or in
which the population loss is at least 7 percent from April 1, 1980, to April
1, 1990, as reported by the Bureau of the Census.
SEC.31114.AVAILABILITY OF LINES OF CREDIT AND USE.
(a) APPROVAL OF APPLICATION.-The Secretary shall provide a community
development corporation that has an application approved under section 31113
with a line of credit in an amount determined appropriate by the Secretary,
subject to the limitations contained in subsection (b).
(b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.-
(1) MAXIMUM AMOUNT.-The Secretary shall not provide in excess
of $2,000,000 in lines of credit under this chapter to a single applicant.
(2) PERIOD OF AVAILABILITY.-A line of credit provided under this chapter
shall remain available over a period of time established by the Secretary,
but in no event shall any such period of time be in excess of 3 years from
the date on which such line of credit is made available.
(3) EXCEPTION.-Notwithstanding paragraphs (1) and (2), if a recipient of a
line of credit under this chapter has made full and productive use of such
line of credit, can demonstrate the need and demand for additional
assistance, and can meet the requirements of section 31112(b)(2), the amount
of such line of credit may be increased by not more than $1,500,000.
(c) AMOUNTS DRAWN FROM LINE OF CREDIT.-Amounts drawn from each line of
credit under this chapter shall be used solely for the purposes described in
section 31111 and shall only be drawn down as needed to provide loans,
investments, or to defray administrative costs related to the establishment
of a revolving loan fund.
(d) USE OF REVOLVING LOAN FUNDS.-Revolving loan funds established with
lines of credit provided under this chapter may be used to provide technical
assistance to private business enterprises and to provide financial
assistance in the form of loans, loan guarantees, interest reduction
assistance, equity shares, and other such forms of assistance to business
enterprises in target areas and who are in compliance with section
31113(a)(4).
[pH8797]
SEC.31115.LIMITATIONS ON USE OF FUNDS.
(a) MATCHING REQUIREMENT.-Not to exceed 50 percent of the total amount to
be invested by an entity under this chapter may be derived from funds made
available from a line of credit under this chapter.
(b) TECHNICAL ASSISTANCE AND ADMINISTRATION.-Not to exceed 10 percent of
the amounts available from a line of credit under this chapter shall be used
for the provision of training or technical assistance and for the planning,
development, and management of economic development projects. Community
development corporations shall be encouraged by the Secretary to seek
technical assistance from other community development corporations, with
expertise in the planning, development and management of economic development
projects. The Secretary shall assist in the identification and facilitation
of such technical assistance.
(c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.-To receive funds available
under a line of credit provided under this chapter, an entity, using
procedures established by the Secretary, shall demonstrate to the community
development corporation that such entity agrees to provide local and private
sector contributions in accordance with section 31112(b)(2)(D), will
participate with such community development corporation in a loan, guarantee
or investment program for a designated business enterprise, and that the
total financial commitment to be provided by such entity is at least equal to
the amount to be drawn from the line of credit.
(d) USE OF PROCEEDS FROM INVESTMENTS.-Proceeds derived from investments
made using funds made available under this chapter may be used only for the
purposes described in section 31111 and shall be reinvested in the community
in which they were generated.
SEC.31116.PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) IN GENERAL.-The Secretary shall give priority in providing lines of
credit under this chapter to community development corporations that propose
to undertake economic development activities in distressed communities that
target women, Native Americans, at risk youth, farmworkers, population-losing
communities, very low-income communities, single mothers, veterans, and
refugees; or that expand employee ownership of private enterprises and small
businesses, and to programs providing loans of not more than $35,000 to very
small business enterprises.
(b) RESERVATION OF FUNDS.-Not less than 5 percent of the amounts made
available under section 31112(a)(2)(A) may be reserved to carry out the
activities described in subsection (a).
CHAPTER 2-EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
SEC.31121.COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) PURPOSE.-It is the purpose of this section to provide assistance to
community development corporations to upgrade the management and operating
capacity of such corporations and to enhance the resources available to
enable such corporations to increase their community economic development
activities.
(b) SKILL ENHANCEMENT GRANTS.-
(1) IN GENERAL.-The Secretary shall award grants to community development
corporations to enable such corporations to attain or enhance the business
management and development skills of the individuals that manage such
corporations to enable such corporations to seek the public and private
resources necessary to develop community economic development projects.
(2) USE OF FUNDS.-A recipient of a grant under paragraph (1) may use
amounts received under such grant-
(A) to acquire training and technical assistance from agencies or
institutions that have extensive experience in the development and management
of low-income community economic development projects; or
(B) to acquire such assistance from other highly successful community
development corporations.
(c) OPERATING GRANTS.-
(1) IN GENERAL.-The Secretary shall award grants to community development
corporations to enable such corporations to support an administrative
capacity for the planning, development, and management of low-income
community economic development projects.
(2) USE OF FUNDS.-A recipient of a grant under paragraph (1) may use
amounts received under such grant-
(A) to conduct evaluations of the feasibility of potential low-income
community economic development projects that address identified needs in the
low-income community and that conform to those projects and activities
permitted under subtitle A;
(B) to develop a business plan related to such a potential project; or
(C) to mobilize resources to be contributed to a planned low-income
community economic development project or strategy.
(d) APPLICATIONS.-A community development corporation that desires to
receive a grant under this section shall prepare and submit to the Secretary
an application at such time, in such manner, and containing such information
as the Secretary may require.
(e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT CORPORATION.-Amounts
provided under this section to a community development corporation shall not
exceed $75,000 per year. Such corporations may apply for grants under this
section for up to 3 consecutive years, except that such corporations shall be
required to submit a new application for each grant for which such
corporation desires to receive and compete on the basis of such applications
in the selection process.
SEC.31122.EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN FUNDS.
(a) AUTHORITY.-The Secretary may award grants to emerging community
development corporations to enable such corporations to establish, maintain
or expand revolving loan funds, to make or guarantee loans, or to make
capital investments in new or expanding local businesses.
(b) ELIGIBILITY.-To be eligible to receive a grant under subsection (a),
an entity shall-
(1) be a community development corporation;
(2) have completed not less than one nor more than two community economic
development projects or related projects that improve or provide job and
employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may require,
including a strategic investment plan that identifies and describes the
economic characteristics of the target area to be served, the types of
business to be assisted using amounts received under the grant and the impact
of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit, or letters of
commitment) in an amount that is equal to at least 10 percent of the amounts
requested in the application submitted under paragraph (2).
(c) USE OF THE REVOLVING LOAN FUND.-
(1) IN GENERAL.-A revolving loan fund established or maintained with
amounts received under this section may be utilized to provide financial and
technical assistance, loans, loan guarantees or investments to private
business enterprises to-
(A) finance projects intended to provide business and employment
opportunities for low-income individuals and to improve the quality of life
in urban and rural areas; and
(B) build and expand the capacity of emerging community development
corporations and serve the economic needs of local residents.
(2) TECHNICAL ASSISTANCE.-The Secretary shall encourage emerging community
development corporations that receive grants under this section to seek
technical assistance from established community development corporations,
with expertise in the planning, development and management of economic
development projects and shall facilitate the receipt of such assistance.
(3) LIMITATION.-Not to exceed 10 percent of the amounts received under
this section by a grantee shall be used for training, technical assistance
and administrative purposes.
(d) USE OF PROCEEDS FROM INVESTMENTS.-Proceeds derived from investments
made with amounts provided under this section may be utilized only for the
purposes described in this subtitle and shall be reinvested in the community
in which they were generated.
(e) AMOUNTS AVAILABLE.-Amounts provided under this section to a community
development corporation shall not exceed $500,000 per year.
CHAPTER 3-MISCELLANEOUS PROVISIONS
SEC.31131.DEFINITIONS.
As used in this subtitle:
(1) COMMUNITY DEVELOPMENT CORPORATION.-The term "community development
corporation" means a private, nonprofit corporation whose board of directors
is comprised of business, civic and community leaders, and whose principal
purpose includes the provision of low-income housing or community economic
development projects that primarily benefit low-income individuals and
communities.
(2) LOCAL AND PRIVATE SECTOR CONTRIBUTION.-The term "local and private
sector contribution" means the funds available at the local level (by private
financial institutions, State and local governments) or by any private
philanthropic organization and private, nonprofit organizations that will be
committed and used solely for the purpose of financing private business
enterprises in conjunction with amounts provided under this subtitle.
(3) POPULATION-LOSING COMMUNITY.-The term "population-losing community"
means any county in which the net population loss is at least 7 percent from
April 1, 1980 to April 1, 1990, as reported by the Bureau of the Census.
(4) PRIVATE BUSINESS ENTERPRISE.-The term "private business enterprise"
means any business enterprise that is engaged in the manufacture of a
product, provision of a service, construction or development of a facility,
or that is involved in some other commercial, manufacturing or industrial
activity, and that agrees to target job opportunities stemming from
investments authorized under this subtitle to certain individuals.
(5) TARGET AREA.-The term "target area" means any area defined in an
application for assistance under this subtitle that has a population whose
income does not exceed the median for the area within which the target area
is located.
(6) VERY LOW-INCOME COMMUNITY.-The term "very low-income community" means
a community in which the median income of the residents of such community
does not exceed 50 percent of the median income of the area.
SEC.31132.AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.-There are authorized to be appropriated to carry out
chapters 1 and 2-
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) EARMARKS.-Of the aggregate amount appropriated under subsection (a)
for each fiscal year-
(1) 60 percent shall be available to carry out chapter 1; and
(2) 40 percent shall be available to carry out chapter 2.
(c) AMOUNTS.-Amounts appropriated under subsection (a) shall remain
available for expenditure without fiscal year limitation.
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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.
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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.
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SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 31921, the Attorney General shall consult
with the Secretary of Health and Human Services regarding the development and
operation of the project.
Subtitle T-Substance Abuse Treatment in Federal Prisons
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended-
(1) in the last sentence of subsection (b), by striking ", to the extent
practicable,"; and
(2) by adding at the end the following new subsection:
"(e) SUBSTANCE ABUSE TREATMENT.-
"(1) PHASE-IN.-In order to carry out the requirement of the last sentence
of subsection (b) of this section, that every prisoner with a substance abuse
problem have the opportunity to participate in appropriate substance abuse
treatment, the Bureau of Prisons shall, subject to the availability of
appropriations, provide residential substance abuse treatment (and make
arrangements for appropriate aftercare)-
"(A) for not less than 50 percent of eligible prisoners by the end of
fiscal year 1995, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date;
"(B) for not less than 75 percent of eligible prisoners by the end of
fiscal year 1996, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date; and
"(C) for all eligible prisoners by the end of fiscal year 1997 and
thereafter, with priority for such treatment accorded based on an eligible
prisoner's proximity to release date.
"(2) INCENTIVE FOR PRISONERS' SUCCESSFUL COMPLETION OF TREATMENT PROGRAM.-
"(A) GENERALLY.-Any prisoner who, in the judgment of the Director of the
Bureau of Prisons, has successfully completed a program of residential
substance abuse treatment provided under paragraph (1) of this subsection,
shall remain in the custody of the Bureau under such conditions as the Bureau
deems appropriate. If the conditions of confinement are different from those
the prisoner would have experienced absent the successful completion of the
treatment, the Bureau shall periodically test the prisoner for substance
abuse and discontinue such conditions on determining that substance abuse has
recurred.
"(B) PERIOD OF CUSTODY.-The period a prisoner convicted of a nonviolent
offense remains in custody after successfully completing a treatment program
may be reduced by the Bureau of Prisons, but such reduction may not be more
than one year from the term the prisoner must otherwise serve.
"(3) REPORT.-The Bureau of Prisons shall transmit to the Committees on the
Judiciary of the Senate and the House of Representatives on January 1, 1995,
and on January 1 of each year thereafter, a report. Such report shall
contain-
"(A) a detailed quantitative and qualitative description of each substance
abuse treatment program, residential or not, operated by the Bureau;
"(B) a full explanation of how eligibility for such programs is
determined, with complete information on what proportion of prisoners with
substance abuse problems are eligible; and
"(C) a complete statement of to what extent the Bureau has achieved
compliance with the requirements of this title.
"(4) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this subsection-
"(A) $13,500,000 for fiscal year 1996;
"(B) $18,900,000 for fiscal year 1997;
"(C) $25,200,000 for fiscal year 1998;
"(D) $27,000,000 for fiscal year 1999; and
"(E) $27,900,000 for fiscal year 2000.
"(5) DEFINITIONS.-As used in this subsection-
"(A) the term `residential substance abuse treatment' means a course of
individual and group activities, lasting between 6 and 12 months, in
residential treatment facilities set apart from the general prison
population-
"(i) directed at the substance abuse problems of the prisoner; and
"(ii) intended to develop the prisoner's cognitive, behavioral, social,
vocational, and other skills so as to solve the prisoner's substance abuse
and related problems;
"(B) the term `eligible prisoner' means a prisoner who is-
"(i) determined by the Bureau of Prisons to have a substance abuse problem;
and
"(ii) willing to participate in a residential substance abuse treatment
program; and
"(C) the term `aftercare' means placement, case management and monitoring
of the participant in a community-based substance abuse treatment program
when the participant leaves the custody of the Bureau of Prisons.
"(6) COORDINATION OF FEDERAL ASSISTANCE.-The Bureau of Prisons shall
consult with the Department of Health and Human Services concerning substance
abuse treatment and related services and the incorporation of applicable
components of existing comprehensive approaches including relapse prevention
and aftercare services.".
Subtitle U-Residential Substance Abuse Treatment for State
Prisoners
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS.
(a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.-Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 20201(a), is amended-
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:
"PART S-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS
"SEC. 1901. GRANT AUTHORIZATION.
"(a) The Attorney General may make grants under this part to States, for
use by States and units of local government for the purpose of developing and
implementing residential substance abuse treatment programs within State
correctional facilities, as well as within local correctional and detention
facilities in which inmates are incarcerated for a period of time sufficient
to permit substance abuse treatment.
"(b) CONSULTATION.-The Attorney General shall consult with the Secretary
of Health and Human Services to ensure that projects of substance abuse
treatment and related services for State prisoners incorporate applicable
components of existing comprehensive approaches including relapse prevention
and after care services.
"SEC. 1902. STATE APPLICATIONS.
"(a) IN GENERAL.-(1) To request a grant under this part the chief
executive of a State shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
"(2) Such application shall include assurances that Federal funds received
under this part shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under this part.
"(3) Such application shall coordinate the design and implementation of
treatment programs between State correctional representatives and the State
Alcohol and Drug Abuse agency (and, if appropriate, between representatives
of local correctional agencies and representatives of either the State
alcohol and drug abuse agency or any appropriate local alcohol and drug abuse
agency).
"(b) SUBSTANCE ABUSE TESTING REQUIREMENT.-To be eligible to receive funds
under this part, a State must agree to implement or continue to require
urinalysis or other proven reliable forms of testing of individuals in
correctional residential substance abuse treatment programs. Such testing
shall include individuals released from residential substance abuse treatment
programs who remain in the custody of the State.
"(c) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT.-
"(1) To be eligible for a preference under this part, a State must ensure
that individuals who participate in the substance abuse treatment program
established or implemented with assistance provided under this part will be
provided with aftercare services.
"(2) State aftercare services must involve the coordination of the
correctional facility treatment program with other human service and
rehabilitation programs, such as educational and job training programs,
parole supervision programs, half-way house programs, and participation in
self-help and peer group programs, that may aid in the rehabilitation of
individuals in the substance abuse treatment program.
"(3) To qualify as an aftercare program, the head of the substance abuse
treatment program, in conjunction with State and local authorities and
organizations involved in substance abuse treatment, shall assist in
placement of substance abuse treatment program participants with appropriate
community substance abuse treatment facilities when such individuals leave
the correctional facility at the end of a sentence or on parole.
"(d) COORDINATION OF FEDERAL ASSISTANCE.-Each application submitted for a
grant under this section shall include a description of how the funds made
available under this section will be coordinated with Federal assistance for
substance abuse treatment and aftercare services currently provided by the
Department of Health and Human Services' Substance Abuse and Mental Health
Services Administration.
"(e) STATE OFFICE.-The Office designated under section 507-
"(1) shall prepare the application as required under this section; and
"(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund disbursement.
"SEC. 1903. REVIEW OF STATE APPLICATIONS.
"(a) IN GENERAL.-The Attorney General shall make a grant under section
1901 to carry out the projects described in the application submitted under
section 1902 upon determining that-
"(1) the application is consistent with the requirements of this part; and
"(2) before the approval of the application the Attorney General has made
an affirmative finding in writing that the proposed project has been reviewed
in accordance with this part.
"(b) APPROVAL.-Each application submitted under section 1902 shall be
considered approved, in whole or in part, by the Attorney General not later
than 90 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.
"(c) RESTRICTION.-Grant funds received under this part shall not be used
for land acquisition or construction projects.
"(d) DISAPPROVAL NOTICE AND RECONSIDERATION.-The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
[pH8801]
"SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
"(a) ALLOCATION.-Of the total amount appropriated under this part in any
fiscal year-
"(1) 0.4 percent shall be allocated to each of the participating States;
and
"(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating States
an amount which bears the same ratio to the amount of remaining funds
described in this paragraph as the State prison population of such State
bears to the total prison population of all the participating States.
"(b) FEDERAL SHARE.-The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1902 for the fiscal year for which the
projects receive assistance under this part.
"SEC. 1905. EVALUATION.
"Each State that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in such
form and containing such information as the Attorney General may reasonably
require.".
(b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 20201(b), is amended by inserting after the matter
relating to part R the following new part:
"PART S-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS
"Sec.1901. Grant authorization.
"Sec.1902. State applications.
"Sec.1903. Review of State applications.
"Sec.1904. Allocation and distribution of funds.
"Sec.1905. Evaluation.
"PART T-TRANSITION-EFFECTIVE DATE-REPEALER
"Sec.2001.Confirmation of rules, authorities, and proceedings.".
(c) DEFINITIONS.-Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section 20201(c), is
amended-
(1) by striking "and" at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and inserting ";
and"; and
(3) by adding at the end the following new paragraph:
"(25) the term `residential substance abuse treatment program' means a
course of individual and group activities, lasting between 6 and 12 months,
in residential treatment facilities set apart from the general prison
population-
"(A) directed at the substance abuse problems of the prisoner; and
"(B) intended to develop the prisoner's cognitive, behavioral, social,
vocational, and other skills so as to solve the prisoner's substance abuse
and related problems.".
(d) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 20201(d), is amended-
(1) in paragraph (3) by striking "and R" and inserting "R, or S"; and
(2) by adding at the end the following new paragraph:
"(17) There are authorized to be appropriated to carry out the projects
under part S-
"(A) $27,000,000 for fiscal year 1996;
"(B) $36,000,000 for fiscal year 1997;
"(C) $63,000,000 for fiscal year 1998;
"(D) $72,000,000 for fiscal year 1999; and
"(E) $72,000,000 for fiscal year 2000.".
Subtitle V-Prevention, Diagnosis, and Treatment of
Tuberculosis in Correctional Institutions
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) GUIDELINES.-The Attorney General, in consultation with the Secretary
of Health and Human Services and the Director of the National Institute of
Corrections, shall develop and disseminate to appropriate entities, including
State, Indian tribal, and local correctional institutions and the Immigration
and Naturalization Service, guidelines for the prevention, diagnosis,
treatment, and followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or under
contract with the Immigration and Naturalization Service.
(b) COMPLIANCE.-The Attorney General shall ensure that prisons in the
Federal prison system and holding facilities operated by or under contract
with the Immigration and Naturalization Service comply with the guidelines
described in subsection (a).
(c) GRANTS.-
(1) IN GENERAL.-The Attorney General shall make grants to State, Indian
tribal, and local correction authorities and public health authorities to
assist in establishing and operating programs for the prevention, diagnosis,
treatment, and followup care of tuberculosis among inmates of correctional
institutions.
(2) FEDERAL SHARE.-The Federal share of funding of a program funded with a
grant under paragraph (1) shall not exceed 50 percent.
(3) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(d) DEFINITIONS.-In this section-
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
Subtitle X-Gang Resistance Education and Training
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) ESTABLISHMENT OF PROJECTS.-
(1) IN GENERAL.-The Secretary of the Treasury shall establish not less
than 50 Gang Resistance Education and Training (GREAT) projects, to be
located in communities across the country, in addition to the number of
projects currently funded.
(2) SELECTION OF COMMUNITIES.-Communities identified for such GREAT
projects shall be selected by the Secretary of the Treasury on the basis of
gang-related activity in that particular community.
(3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION.-The Secretary of the
Treasury shall make available not less than $800,000 per project, subject to
the availability of appropriations, and such funds shall be allocated-
(A) 50 percent to the affected State and local law enforcement and
prevention organizations participating in such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and Firearms for
salaries, expenses, and associated administrative costs for operating and
overseeing such projects.
(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be
appropriated to carry out this section-
(1) $9,000,000 for fiscal year 1995;
(2) $7,200,000 for fiscal year 1996;
(3) $7,200,000 for fiscal year 1997;
(4) $7,200,000 for fiscal year 1998;
(5) $7,200,000 for fiscal year 1999; and
(6) $7,200,000 for fiscal year 2000.
TITLE IV-VIOLENCE AGAINST WOMEN
SEC. 40001. SHORT TITLE.
This title may be cited as the "Violence Against Women Act of 1994".
Subtitle A-Safe Streets for Women
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the "Safe Streets for Women Act of 1994".
CHAPTER 1-FEDERAL PENALTIES FOR SEX CRIMES
SEC. 40111. REPEAT OFFENDERS.
(a) IN GENERAL.-Chapter 109A of title 18, United States Code, is amended
by adding at the end the following new section:
"2247. Repeat offenders
"Any person who violates a provision of this chapter, after one or more
prior convictions for an offense punishable under this chapter, or after one
or more prior convictions under the laws of any State relating to aggravated
sexual abuse, sexual abuse, or abusive sexual contact have become final, is
punishable by a term of imprisonment up to twice that otherwise authorized.".
(b) AMENDMENT OF SENTENCING GUIDELINES.-The Sentencing Commission shall
implement the amendment made by subsection (a) by promulgating amendments, if
appropriate, in the sentencing guidelines applicable to chapter 109A
offenses.
(c) CHAPTER ANALYSIS.-The chapter analysis for chapter 109A of title 18,
United States Code, is amended by adding at the end the following new item:
"2247. Repeat offenders.".
SEC. 40112. FEDERAL PENALTIES.
(a) AMENDMENT OF SENTENCING GUIDELINES.-Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing
Commission shall review and amend, where necessary, its sentencing guidelines
on aggravated sexual abuse under section 2241 of title 18, United States
Code, or sexual abuse under section 2242 of title 18, United States Code, as
follows:
(1) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to enhance penalties if more than 1 offender is
involved in the offense.
(2) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to reduce unwarranted disparities between the
sentences for sex offenders who are known to the victim and sentences for sex
offenders who are not known to the victim.
(3) The Commission shall review and promulgate amendments to the
guidelines to enhance penalties, if appropriate, to render Federal penalties
on Federal territory commensurate with penalties for similar offenses in the
States.
(4) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to account for the general problem of recidivism
in cases of sex offenses, the severity of the offense, and its devastating
effects on survivors.
(b) REPORT.-Not later than 180 days after the date of enactment of this
Act, the United States Sentencing Commission shall review and submit to
Congress a report containing an analysis of Federal rape sentencing,
accompanied by comment from independent experts in the field, describing-
(1) comparative Federal sentences for cases in which the rape victim is
known to the defendant and cases in which the rape victim is not known to the
defendant;
(2) comparative Federal sentences for cases on Federal territory and
sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on populations residing
primarily on Federal territory relative to the impact of other Federal
offenses in which the existence of Federal jurisdiction depends upon the
offense's being committed on Federal territory.
[pH8802]
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) SEXUAL ABUSE.-
(1) IN GENERAL.-Chapter 109A of title 18, United States Code, is amended
by adding at the end the following new section:
"2248. Mandatory restitution
"(a) IN GENERAL.-Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.-
"(1) DIRECTIONS.-The order of restitution under this section shall direct
that-
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's losses as determined by the court,
pursuant to paragraph (3); and
"(B) the United States Attorney enforce the restitution order by all
available and reasonable means.
"(2) ENFORCEMENT BY VICTIM.-An order of restitution also may be enforced
by a victim named in the order to receive the restitution in the same manner
as a judgment in a civil action.
"(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' includes any costs incurred by the victim for-
"(A) medical services relating to physical, psychiatric, or psychological
care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and child care expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtaining a civil
protection order; and
"(F) any other losses suffered by the victim as a proximate result of the
offense.
"(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.
"(B) A court may not decline to issue an order under this section because
of-
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.
"(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.
"(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of the
defendant; and
"(III) any financial obligations of the defendant, including obligations
to dependents.
"(D) Subparagraph (A) does not apply if-
"(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and
"(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.
"(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.
"(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
"(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.
"(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law of the
State.
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke probation or a
term of supervised release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
"(c) PROOF OF CLAIM.-
"(1) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or the
United States Attorney's delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed by the United
States Attorney (or the United States Attorney's delegee) and the victim.
Should the victim object to any of the information included in the affidavit,
the United States Attorney (or the United States Attorney's delegee) shall
advise the victim that the victim may file a separate affidavit and shall
provide the victim with an affidavit form which may be used to do so.
"(2) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.
"(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.
"(4) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable by the date that is 10 days prior to sentencing as provided in
paragraph (1), the United States Attorney (or the United States Attorney's
delegee) shall so inform the court, and the court shall set a date for the
final determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the initial
claim for restitutionary relief.
"(d) MODIFICATION OF ORDER.-A victim or the offender may petition the
court at any time to modify a restitution order as appropriate in view of a
change in the economic circumstances of the offender.
"(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.-The court may refer any
issue arising in connection with a proposed order of restitution to a
magistrate or special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo determination of the
issue by the court.
"(f) DEFINITION.-For purposes of this section, the term `victim' means the
individual harmed as a result of a commission of a crime under this chapter,
including, in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member, or any other
person appointed as suitable by the court, but in no event shall the
defendant be named as such representative or guardian.".
(2) TECHNICAL AMENDMENT.-The chapter analysis for chapter 109A of title
18, United States Code, is amended by adding at the end the following new
item:
"2248. Mandatory restitution.".
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.-
(1) IN GENERAL.-Chapter 110 of title 18, United States Code, is amended by
adding at the end the following new section:
"2259. Mandatory restitution
"(a) IN GENERAL.-Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.-
"(1) DIRECTIONS.-The order of restitution under this section shall direct
that-
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's losses as determined by the court,
pursuant to paragraph (3); and
"(B) the United States Attorney enforce the restitution order by all
available and reasonable means.
"(2) ENFORCEMENT BY VICTIM.-An order of restitution may also be enforced
by a victim named in the order to receive the restitution in the same manner
as a judgment in a civil action.
"(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' includes any costs incurred by the victim for-
"(A) medical services relating to physical, psychiatric, or psychological
care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and child care expenses;
"(D) lost income;
"(E) attorneys' fees, as well as other costs incurred; and
"(F) any other losses suffered by the victim as a proximate result of the
offense.
"(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.
"(B) A court may not decline to issue an order under this section because
of-
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.
"(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.
"(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of the
defendant; and
"(III) any financial obligations of the defendant, including obligations
to dependents.
"(D) Subparagraph (A) does not apply if-
"(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and
"(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.
"(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.
"(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
"(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.
"(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law of the
State.
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke probation or a
term of supervised release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
"(c) PROOF OF CLAIM.-
"(1) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or the
United States Attorney's delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed by the United
States Attorney (or the United States Attorney's delegee) and the victim.
Should the victim object to any of the information included in the affidavit,
the United States Attorney (or the United States Attorney's delegee) shall
advise the victim that the victim may file a separate affidavit and shall
provide the victim with an affidavit form which may be used to do so.
"(2) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to paragraph (1) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.
"(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.
"(4) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable by the date that is 10 days prior to sentencing as provided in
paragraph (1), the United States Attorney (or the United States Attorney's
delegee) shall so inform the court, and the court shall set a date for the
final determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the initial
claim for restitutionary relief.
"(d) MODIFICATION OF ORDER.-A victim or the offender may petition the
court at any time to modify a restitution order as appropriate in view of a
change in the economic circumstances of the offender.
"(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.-The court may refer any
issue arising in connection with a proposed order of restitution to a
magistrate or special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo determination of the
issue by the court.
"(f) DEFINITION.-For purposes of this section, the term `victim' means the
individual harmed as a result of a commission of a crime under this chapter,
including, in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member, or any other
person appointed as suitable by the court, but in no event shall the
defendant be named as such representative or guardian.".
(2) TECHNICAL AMENDMENT.-The chapter analysis for chapter 110 of title 18,
United States Code, is amended by adding at the end the following new item:
"2259. Mandatory restitution.".
[pH8803]
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There are authorized to be appropriated for the United States Attorneys
for the purpose of appointing Victim/Witness Counselors for the prosecution
of sex crimes and domestic violence crimes where applicable (such as the
District of Columbia)-
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
CHAPTER 2-LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE
VIOLENT CRIMES AGAINST WOMEN
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 32101(a), is amended-
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
"PART T-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
"SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
"(a) GENERAL PROGRAM PURPOSE.-The purpose of this part is to assist
States, Indian tribal governments, and units of local government to develop
and strengthen effective law enforcement and prosecution strategies to combat
violent crimes against women, and to develop and strengthen victim services
in cases involving violent crimes against women.
"(b) PURPOSES FOR WHICH GRANTS MAY BE USED.-Grants under this part shall
provide personnel, training, technical assistance, data collection and other
equipment for the more widespread apprehension, prosecution, and adjudication
of persons committing violent crimes against women, and specifically, for the
purposes of-
"(1) training law enforcement officers and prosecutors to more effectively
identify and respond to violent crimes against women, including the crimes of
sexual assault and domestic violence;
"(2) developing, training, or expanding units of law enforcement officers
and prosecutors specifically targeting violent crimes against women,
including the crimes of sexual assault and domestic violence;
"(3) developing and implementing more effective police and prosecution
policies, protocols, orders, and services specifically devoted to preventing,
identifying, and responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
"(4) developing, installing, or expanding data collection and
communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders, prosecutions,
and convictions for violent crimes against women, including the crimes of
sexual assault and domestic violence;
"(5) developing, enlarging, or strengthening victim services programs,
including sexual assault and domestic violence programs, developing or
improving delivery of victim services to racial, cultural, ethnic, and
language minorities, providing specialized domestic violence court advocates
in courts where a significant number of protection orders are granted, and
increasing reporting and reducing attrition rates for cases involving violent
crimes against women, including crimes of sexual assault and domestic
violence;
"(6) developing, enlarging, or strengthening programs addressing stalking;
and
"(7) developing, enlarging, or strengthening programs addressing the needs
and circumstances of Indian tribes in dealing with violent crimes against
women, including the crimes of sexual assault and domestic violence.
"SEC. 2002. STATE GRANTS.
"(a) GENERAL GRANTS.-The Attorney General may make grants to States, for
use by States, units of local government, nonprofit nongovernmental victim
services programs, and Indian tribal governments for the purposes described
in section 2001(b).
"(b) AMOUNTS.-Of the amounts appropriated for the purposes of this part-
"(1) 4 percent shall be available for grants to Indian tribal governments;
"(2) $500,000 shall be available for grants to applicants in each State;
and
"(3) the remaining funds shall be available for grants to applicants in
each State in an amount that bears the same ratio to the amount of remaining
funds as the population of the State bears to the population of all of the
States that results from a distribution among the States on the basis of each
State's population in relation to the population of all States (not including
populations of Indian tribes).
"(c) QUALIFICATION.-Upon satisfying the terms of subsection (d), any State
shall be qualified for funds provided under this part upon certification
that-
"(1) the funds shall be used for any of the purposes described in section
2001(b);
"(2) grantees and subgrantees shall develop a plan for implementation and
shall consult and coordinate with nonprofit, nongovernmental victim services
programs, including sexual assault and domestic violence victim services
programs;
"(3) at least 25 percent of the amount granted shall be allocated, without
duplication, to each of the following 3 areas: prosecution, law enforcement,
and victim services; and
"(4) any Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be available
for activities funded under this subtitle.
"(d) APPLICATION REQUIREMENTS.-The application requirements provided in
section 513 shall apply to grants made under this part. In addition, each
application shall include the certifications of qualification required by
subsection (c), including documentation from nonprofit, nongovernmental
victim services programs, describing their participation in developing the
plan required by subsection (c)(2). An application shall include-
"(1) documentation from the prosecution, law enforcement, and victim
services programs to be assisted, demonstrating-
"(A) need for the grant funds;
"(B) intended use of the grant funds;
"(C) expected results from the use of grant funds; and
"(D) demographic characteristics of the populations to be served,
including age, marital status, disability, race, ethnicity and language
background;
"(2) proof of compliance with the requirements for the payment of forensic
medical exams provided in section 2005; and
"(3) proof of compliance with the requirements for paying filing and
service fees for domestic violence cases provided in section 2006.
"(e) DISBURSEMENT.-
"(1) IN GENERAL.-Not later than 60 days after the receipt of an
application under this part, the Attorney General shall-
"(A) disburse the appropriate sums provided for under this part; or
"(B) inform the applicant why the application does not conform to the
terms of section 513 or to the requirements of this section.
"(2) REGULATIONS.-In disbursing monies under this part, the Attorney
General shall issue regulations to ensure that States will-
"(A) give priority to areas of varying geographic size with the greatest
showing of need based on the availability of existing domestic violence and
sexual assault programs in the population and geographic area to be served in
relation to the availability of such programs in other such populations and
geographic areas;
"(B) determine the amount of subgrants based on the population and
geographic area to be served;
"(C) equitably distribute monies on a geographic basis including nonurban
and rural areas of various geographic sizes; and
"(D) recognize and address the needs of underserved populations.
"(f) FEDERAL SHARE.-The Federal share of a grant made under this subtitle
may not exceed 75 percent of the total costs of the projects described in the
application submitted.
"(g) INDIAN TRIBES.-Funds appropriated by the Congress for the activities
of any agency of an Indian tribal government or of the Bureau of Indian
Affairs performing law enforcement functions on any Indian lands may be used
to provide the non-Federal share of the cost of programs or projects funded
under this part.
"(h) GRANTEE REPORTING.-
"(1) IN GENERAL.-Upon completion of the grant period under this part, a
State or Indian tribal grantee shall file a performance report with the
Attorney General explaining the activities carried out, which report shall
include an assessment of the effectiveness of those activities in achieving
the purposes of this part.
"(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.-A section of the
performance report shall be completed by each grantee and subgrantee that
performed the direct services contemplated in the application, certifying
performance of direct services under the grant.
"(3) SUSPENSION OF FUNDING.-The Attorney General shall suspend funding for
an approved application if-
"(A) an applicant fails to submit an annual performance report;
"(B) funds are expended for purposes other than those described in this
part; or
"(C) a report under paragraph (1) or accompanying assessments demonstrate
to the Attorney General that the program is ineffective or financially
unsound.
[pH8804]
"SEC. 2003. DEFINITIONS.
"In this part-
"(1) the term `domestic violence' includes felony or misdemeanor crimes of
violence committed by a current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by any other
adult person against a victim who is protected from that person's acts under
the domestic or family violence laws of the jurisdiction receiving grant
monies;
"(2) the term `Indian country' has the meaning stated in section 1151 of
title 18, United States Code;
"(3) the term `Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including any Alaska Native village
or regional or village corporation (as defined in, or established pursuant
to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians;
"(4) the term `law enforcement' means a public agency charged with
policing functions, including any of its component bureaus (such as
governmental victim services programs);
"(5) the term `prosecution' means any public agency charged with direct
responsibility for prosecuting criminal offenders, including such agency's
component bureaus (such as governmental victim services programs);
"(6) the term `sexual assault' means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the conduct occurs in
the special maritime and territorial jurisdiction of the United States or in
a Federal prison and includes both assaults committed by offenders who are
strangers to the victim and assaults committed by offenders who are known or
related by blood or marriage to the victim;
"(7) the term `underserved populations' includes populations underserved
because of geographic location (such as rural isolation), underserved racial
or ethnic populations, and populations underserved because of special needs,
such as language barriers or physical disabilities; and
"(8) the term `victim services' means a nonprofit, nongovernmental
organization that assists domestic violence or sexual assault victims,
including rape crisis centers, battered women's shelters, and other sexual
assault or domestic violence programs, including nonprofit, nongovernmental
organizations assisting domestic violence or sexual assault victims through
the legal process.
"SEC. 2004. GENERAL TERMS AND CONDITIONS.
"(a) NONMONETARY ASSISTANCE.-In addition to the assistance provided under
this part, the Attorney General may request any Federal agency to use its
authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of State, tribal, and local assistance efforts.
"(b) REPORTING.-Not later than 180 days after the end of each fiscal year
for which grants are made under this part, the Attorney General shall submit
to the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that includes, for each
State and for each grantee Indian tribe-
"(1) the number of grants made and funds distributed under this part;
"(2) a summary of the purposes for which those grants were provided and an
evaluation of their progress;
"(3) a statistical summary of persons served, detailing the nature of
victimization, and providing data on age, sex, relationship of victim to
offender, geographic distribution, race, ethnicity, language, and disability;
and
"(4) an evaluation of the effectiveness of programs funded under this
part.
"(c) REGULATIONS OR GUIDELINES.-Not later than 120 days after the date of
enactment of this part, the Attorney General shall publish proposed
regulations or guidelines implementing this part. Not later than 180 days
after the date of enactment, the Attorney General shall publish final
regulations or guidelines implementing this part.
"SEC. 2005. RAPE EXAM PAYMENTS.
"(a) RESTRICTION OF FUNDS.-
"(1) IN GENERAL.-A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the State,
Indian tribal government, unit of local government, or another governmental
entity incurs the full out-of-pocket cost of forensic medical exams described
in subsection (b) for victims of sexual assault.
"(2) REDISTRIBUTION.-Funds withheld from a State or unit of local
government under paragraph (1) shall be distributed to other States or units
of local government pro rata. Funds withheld from an Indian tribal government
under paragraph (1) shall be distributed to other Indian tribal governments
pro rata.
"(b) MEDICAL COSTS.-A State, Indian tribal government, or unit of local
government shall be deemed to incur the full out-of-pocket cost of forensic
medical exams for victims of sexual assault if any government entity-
"(1) provides such exams to victims free of charge to the victim;
"(2) arranges for victims to obtain such exams free of charge to the
victims; or
"(3) reimburses victims for the cost of such exams if-
"(A) the reimbursement covers the full cost of such exams, without any
deductible requirement or limit on the amount of a reimbursement;
"(B) the reimbursing governmental entity permits victims to apply for
reimbursement for not less than one year from the date of the exam;
"(C) the reimbursing governmental entity provides reimbursement not later
than 90 days after written notification of the victim's expense; and
"(D) the State, Indian tribal government, unit of local government, or
reimbursing governmental entity provides information at the time of the exam
to all victims, including victims with limited or no English proficiency,
regarding how to obtain reimbursement.
[pH8805]
"SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
"(a) IN GENERAL.-A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the State,
Indian tribal government, or unit of local government-
"(1) certifies that its laws, policies, and practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs associated with the filing
of criminal charges against the domestic violence offender, or the costs
associated with the issuance or service of a warrant, protection order, or
witness subpoena; or
"(2) gives the Attorney General assurances that its laws, policies and
practices will be in compliance with the requirements of paragraph (1) within
the later of-
"(A) the period ending on the date on which the next session of the State
legislature ends; or
"(B) 2 years.
"(b) REDISTRIBUTION.-Funds withheld from a State, unit of local
government, or Indian tribal government under subsection (a) shall be
distributed to other States, units of local government, and Indian tribal
government, respectively, pro rata.".
(b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 32101(b), is amended by striking the matter relating to
part T and inserting the following:
"PART T-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
"Sec.2001.Purpose of the program and grants.
"Sec.2002.State grants.
"Sec.2003.General definitions.
"Sec.2004.General terms and conditions.
"Sec.2005.Rape exam payments.
"Sec.2006.Filing costs for criminal charges.
"PART U-TRANSITION-EFFECTIVE DATE-REPEALER
"Sec.2101.Continuation of rules, authorities, and proceedings.".
(c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 32101(d), is amended-
(1) in paragraph (3) by striking "and S" and inserting "S, and T"; and
(2) by adding at the end the following new paragraph:
"(18) There are authorized to be appropriated to carry out part T-
"(A) $26,000,000 for fiscal year 1995;
"(B) $130,000,000 for fiscal year 1996;
"(C) $145,000,000 for fiscal year 1997;
"(D) $160,000,000 for fiscal year 1998;
"(E) $165,000,000 for fiscal year 1999; and
"(F) $174,000,000 for fiscal year 2000.".
CHAPTER 3-SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.
(a) GENERAL PURPOSE.-There is authorized to be appropriated not to
exceed $10,000,000, for the Secretary of Transportation (referred to in this
section as the "Secretary") to make capital grants for the prevention of
crime and to increase security in existing and future public transportation
systems. None of the provisions of this Act may be construed to prohibit the
financing of projects under this section where law enforcement
responsibilities are vested in a local public body other than the grant
applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES.-
(1) From the sums authorized for expenditure under this section for crime
prevention, the Secretary is authorized to make grants and loans to States
and local public bodies or agencies for the purpose of increasing the safety
of public transportation by-
(A) increasing lighting within or adjacent to public transportation
systems, including bus stops, subway stations, parking lots, or garages;
(B) increasing camera surveillance of areas within and adjacent to public
transportation systems, including bus stops, subway stations, parking lots,
or garages;
(C) providing emergency phone lines to contact law enforcement or security
personnel in areas within or adjacent to public transportation systems,
including bus stops, subway stations, parking lots, or garages; or
(D) any other project intended to increase the security and safety of
existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent shall
be expended on projects of the type described in subsection (b)(1) (A)
and (B).
(c) REPORTING.-All grants under this section are contingent upon the
filing of a report with the Secretary and the Department of Justice, Office
of Victims of Crime, showing crime rates in or adjacent to public
transportation before, and for a 1-year period after, the capital
improvement. Statistics shall be compiled on the basis of the type of crime,
sex, race, ethnicity, language, and relationship of victim to the offender.
(d) INCREASED FEDERAL SHARE.-Notwithstanding any other provision of law,
the Federal share under this section for each capital improvement project
that enhances the safety and security of public transportation systems and
that is not required by law (including any other provision of this Act) shall
be 90 percent of the net project cost of the project.
(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR
WOMEN.-From the sums authorized under this section, the Secretary shall
provide grants and loans for the purpose of studying ways to reduce violent
crimes against women in public transit through better design or operation of
public transit systems.
(f) GENERAL REQUIREMENTS.-All grants or loans provided under this section
shall be subject to the same terms, conditions, requirements, and provisions
applicable to grants and loans as specified in section 5321 of title 49,
United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL
PARKS.
Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at the end
the following new section:
"SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
"(a) AVAILABILITY OF FUNDS.-There are authorized to be appropriated out of
the Violent Crime Reduction Trust Fund, not to exceed $10,000,000 for the
Secretary of the Interior to take all necessary actions to seek to reduce the
incidence of violent crime in the National Park System.
"(b) RECOMMENDATIONS FOR IMPROVEMENT.-The Secretary shall direct the chief
official responsible for law enforcement within the National Park Service to-
"(1) compile a list of areas within the National Park System with the
highest rates of violent crime;
"(2) make recommendations concerning capital improvements, and other
measures, needed within the National Park System to reduce the rates of
violent crime, including the rate of sexual assault; and
"(3) publish the information required by paragraphs (1) and (2) in the
Federal Register.
"(c) DISTRIBUTION OF FUNDS.-Based on the recommendations and list issued
pursuant to subsection (b), the Secretary shall distribute the funds
authorized by subsection (a) throughout the National Park System. Priority
shall be given to those areas with the highest rates of sexual assault.
"(d) USE OF FUNDS.-Funds provided under this section may be used-
"(1) to increase lighting within or adjacent to National Park System
units;
"(2) to provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to National Park System units;
"(3) to increase security or law enforcement personnel within or adjacent
to National Park System units; or
"(4) for any other project intended to increase the security and safety of
National Park System units.".
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-8) is amended by adding at the end the following new subsection:
"(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME.-
"(1) AVAILABILITY OF FUNDS.-In addition to assistance for planning
projects, and in addition to the projects identified in subsection (e), and
from amounts appropriated out of the Violent Crime Reduction Trust Fund, the
Secretary may provide financial assistance to the States, not to
exceed $15,000,000, for projects or combinations thereof for the purpose of
making capital improvements and other measures to increase safety in urban
parks and recreation areas, including funds to-
"(A) increase lighting within or adjacent to public parks and recreation
areas;
"(B) provide emergency phone lines to contact law enforcement or security
personnel in areas within or adjacent to public parks and recreation areas;
"(C) increase security personnel within or adjacent to public parks and
recreation areas; and
"(D) fund any other project intended to increase the security and safety
of public parks and recreation areas.
"(2) ELIGIBILITY.-In addition to the requirements for project approval
imposed by this section, eligibility for assistance under this subsection
shall be dependent upon a showing of need. In providing funds under this
subsection, the Secretary shall give priority to projects proposed for urban
parks and recreation areas with the highest rates of crime and, in
particular, to urban parks and recreation areas with the highest rates of
sexual assault.
"(3) FEDERAL SHARE.-Notwithstanding subsection (c), the Secretary may
provide 70 percent improvement grants for projects undertaken by any State
for the purposes described in this subsection, and the remaining share of the
cost shall be borne by the State.".
CHAPTER 4-NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) MODIFICATION OF PROPOSED AMENDMENT.-The proposed amendments to the
Federal Rules of Evidence that are embraced by an order entered by the
Supreme Court of the United States on April 29, 1994, shall take effect on
December 1, 1994, as otherwise provided by law, but with the amendment made
by subsection (b).
(b) RULE.-Rule 412 of the Federal Rules of Evidence is amended to read as
follows:
"Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition
"(a) EVIDENCE GENERALLY INADMISSIBLE.-The following evidence is not
admissible in any civil or criminal proceeding involving alleged sexual
misconduct except as provided in subdivisions (b) and (c):
"(1) Evidence offered to prove that any alleged victim engaged in other
sexual behavior.
"(2) Evidence offered to prove any alleged victim's sexual predisposition.
"(b) EXCEPTIONS.-
"(1) In a criminal case, the following evidence is admissible, if
otherwise admissible under these rules:
"(A) evidence of specific instances of sexual behavior by the alleged
victim offered to prove that a person other than the accused was the source
of semen, injury or other physical evidence;
"(B) evidence of specific instances of sexual behavior by the alleged
victim with respect to the person accused of the sexual misconduct offered by
the accused to prove consent or by the prosecution; and
"(C) evidence the exclusion of which would violate the constitutional
rights of the defendant.
"(2) In a civil case, evidence offered to prove the sexual behavior or
sexual predisposition of any alleged victim is admissible if it is otherwise
admissible under these rules and its probative value substantially outweighs
the danger of harm to any victim and of unfair prejudice to any party.
Evidence of an alleged victim's reputation is admissible only if it has been
placed in controversy by the alleged victim.
"(c) PROCEDURE TO DETERMINE ADMISSIBILITY.-
"(1) A party intending to offer evidence under subdivision (b) must-
"(A) file a written motion at least 14 days before trial specifically
describing the evidence and stating the purpose for which it is offered
unless the court, for good cause requires a different time for filing or
permits filing during trial; and
"(B) serve the motion on all parties and notify the alleged victim or,
when appropriate, the alleged victim's guardian or representative.
"(2) Before admitting evidence under this rule the court must conduct a
hearing in camera and afford the victim and parties a right to attend and be
heard. The motion, related papers, and the record of the hearing must be
sealed and remain under seal unless the court orders otherwise.".
(c) TECHNICAL AMENDMENT.-The table of contents for the Federal Rules of
Evidence is amended by amending the item relating to rule 412 to read as
follows:
"412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior
or Alleged Sexual Predisposition:
"(a) Evidence generally inadmissible.
"(b) Exceptions.
"(c) Procedure to determine admissibility.".
[pH8806]
CHAPTER 5-ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services Act (42 U.S.C.
300w et seq.) is amended by adding at the end the following new section:
"SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
"(a) PERMITTED USE.-Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for rape
prevention and education programs conducted by rape crisis centers or similar
nongovernmental nonprofit entities for-
"(1) educational seminars;
"(2) the operation of hotlines;
"(3) training programs for professionals;
"(4) the preparation of informational materials; and
"(5) other efforts to increase awareness of the facts about, or to help
prevent, sexual assault, including efforts to increase awareness in
underserved racial, ethnic, and language minority communities.
"(b) TARGETING OF EDUCATION PROGRAMS.-States providing grant monies must
ensure that at least 25 percent of the monies are devoted to education
programs targeted for middle school, junior high school, and high school
students.
"(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-
"(1) $35,000,000 for fiscal year 1996;
"(2) $35,000,000 for fiscal year 1997;
"(3) $45,000,000 for fiscal year 1998;
"(4) $45,000,000 for fiscal year 1999; and
"(5) $45,000,000 for fiscal year 2000.
"(d) LIMITATION.-Funds authorized under this section may only be used for
providing rape prevention and education programs.
"(e) DEFINITION.-For purposes of this section, the term `rape prevention
and education' includes education and prevention efforts directed at offenses
committed by offenders who are not known to the victim as well as offenders
who are known to the victim.
"(f) TERMS.-The Secretary shall make allotments to each State on the basis
of the population of the State, and subject to the conditions provided in
this section and sections 1904 through 1909.".
SEC. 40152. TRAINING PROGRAMS.
(a) IN GENERAL.-The Attorney General, after consultation with victim
advocates and individuals who have expertise in treating sex offenders, shall
establish criteria and develop training programs to assist probation and
parole officers and other personnel who work with released sex offenders in
the areas of-
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.-The Attorney General shall ensure, to the extent
practicable, that training programs developed under subsection (a) are
available in geographically diverse locations throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR
DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
(a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION.-The Attorney General
shall-
(1) study and evaluate the manner in which the States have taken measures
to protect the confidentiality of communications between sexual assault or
domestic violence victims and their therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection
possible for the confidentiality of such communications, within any
applicable constitutional limits, taking into account the following factors:
(A) the danger that counseling programs for victims of sexual assault and
domestic violence will be unable to achieve their goal of helping victims
recover from the trauma associated with these crimes if there is no assurance
that the records of the counseling sessions will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege for
communications between victims of sexual assault or domestic violence and
their therapists or trained counselors, in light of the likelihood that such
an absolute privilege will provide the maximum guarantee of confidentiality
but also in light of the possibility that such an absolute privilege may be
held to violate the rights of criminal defendants under the Federal or State
constitutions by denying them the opportunity to obtain exculpatory evidence
and present it at trial; and
(C) consideration of what limitations on the disclosure of confidential
communications between victims of these crimes and their counselors, short of
an absolute privilege, are most likely to ensure that the counseling programs
will not be undermined, and specifically whether no such disclosure should be
allowed unless, at a minimum, there has been a particularized showing by a
criminal defendant of a compelling need for records of such communications,
and adequate procedural safeguards are in place to prevent unnecessary or
damaging disclosures; and
(3) prepare and disseminate to State authorities the findings made and
model legislation developed as a result of the study and evaluation.
(b) REPORT AND RECOMMENDATIONS.-Not later than the date that is 1 year
after the date of enactment of this Act, the Attorney General shall report to
the Congress-
(1) the findings of the study and the model legislation required by this
section; and
(2) recommendations based on the findings on the need for and
appropriateness of further action by the Federal Government.
(c) REVIEW OF FEDERAL EVIDENTIARY RULES.-The Judicial Conference of the
United States shall evaluate and report to Congress its views on whether the
Federal Rules of Evidence should be amended, and if so, how they should be
amended, to guarantee that the confidentiality of communications between
sexual assault victims and their therapists or trained counselors will be
adequately protected in Federal court proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex offender
treatment programs and ensure that information regarding community treatment
programs in the community into which a convicted sex offender is released is
made available to each person serving a sentence of imprisonment in a Federal
penal or correctional institution for a commission of an offense under
chapter 109A of title 18, United States Code, or for the commission of a
similar offense, including halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is
amended-
(1) by redesignating sections 316 and 317 as sections 317 and 318,
respectively; and
(2) by inserting after section 315 the following new section:
"GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
"SEC. 316. (a) IN GENERAL.-The Secretary shall make grants under this
section to private, nonprofit agencies for street-based outreach and
education, including treatment, counseling, provision of information, and
referral for runaway, homeless, and street youth who have been subjected to
or are at risk of being subjected to sexual abuse.
"(b) PRIORITY.-In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that have
experience in providing services to runaway, homeless, and street youth.
"(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out this section-
"(1) $7,000,000 for fiscal year 1996;
"(2) $8,000,000 for fiscal year 1997; and
"(3) $15,000,000 for fiscal year 1998.
"(d) DEFINITIONS.-For the purposes of this section-
"(1) the term `street-based outreach and education' includes education and
prevention efforts directed at offenses committed by offenders who are not
known to the victim as well as offenders who are known to the victim; and
"(2) the term `street youth' means a juvenile who spends a significant
amount of time on the street or in other areas of exposure to encounters that
may lead to sexual abuse.".
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.-
(1) REAUTHORIZATION.-Section 218(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13014(a)) is amended to read as follows:
"(a) AUTHORIZATION.-There are authorized to be appropriated to carry out
this subtitle-
"(1) $6,000,000 for fiscal year 1996;
"(2) $6,000,000 for fiscal year 1997;
"(3) $7,000,000 for fiscal year 1998;
"(4) $9,000,000 for fiscal year 1999; and
"(5) $10,000,000 for fiscal year 2000.".
(2) TECHNICAL AMENDMENT.-Section 216 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13012) is amended by striking "this chapter" and
inserting "this subtitle".
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS.-
(1) REAUTHORIZATION.-Section 224(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13024(a)) is amended to read as follows:
"(a) AUTHORIZATION.-There are authorized to be appropriated to carry out
this subtitle-
"(1) $750,000 for fiscal year 1996;
"(2) $1,000,000 for fiscal year 1997;
"(3) $2,000,000 for fiscal year 1998;
"(4) $2,000,000 for fiscal year 1999; and
"(5) $2,300,000 for fiscal year 2000.".
(2) TECHNICAL AMENDMENT.-Section 221(b) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13021(b)) is amended by striking "this chapter" and
inserting "this subtitle".
(c) GRANTS FOR TELEVISED TESTIMONY.-Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended-
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as
follows:
"(7) There are authorized to be appropriated to carry out part N-
"(A) $250,000 for fiscal year 1996;
"(B) $1,000,000 for fiscal year 1997;
"(C) $1,000,000 for fiscal year 1998;
"(D) $1,000,000 for fiscal year 1999; and
"(E) $1,000,000 for fiscal year 2000.";
(2) in section 1402 (42 U.S.C. 3796aa-1) by striking "to States, for the
use of States and units of local government in the States";
(3) in section 1403 (42 U.S.C. 3796aa-2)-
(A) by inserting "or unit of local government" after "of a State";
(B) by inserting "and" after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the end and inserting a
period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)-
(A) in subsection (a)-
(i) by striking "The Bureau" and all that follows through "determining that"
and inserting "An applicant is eligible to receive a grant under this part
if-";
(ii) in paragraph (1) by striking "there is in effect in such State" and
inserting "the applicant certifies and the Director determines that there is
in effect in the State";
(iii) in paragraph (2) by striking "such State law shall meet" and
inserting "the applicant certifies and the Director determines that State law
meets";
(iv) by inserting "and" after subparagraph (E);
(v) in paragraph (3)-
(I) by inserting "the Director determines that" before "the application";
and
(II) by striking "; and" and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking "Each application" and inserting the following:
"(b) Each application"; and
(viii) by striking "the Bureau" each place it appears and inserting "the
Director"; and
(B) by redesignating subsection (b) as subsection (c) and by striking "The
Bureau" and inserting "The Director";
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)-
(A) in subsection (a)-
(i) by striking "State which" and inserting "State or unit of local
government that";
(ii) by striking "title" and inserting "part"; and
(iii) in paragraph (1) by striking "State"; and
(B) in subsection (b)(1) by striking "such State" and inserting "the State
and units of local government in the State";
(7) in section 1407 (42 U.S.C. 3796aa-6)-
(A) in subsection (c)-
(i) by striking "Each State" and all that follows through "effective audit"
and inserting "Grant recipients (or private organizations with which grant
recipients have contracted to provide equipment or training using grant
funds) shall keep such records as the Director may require by rule to
facilitate such an audit."; and
(ii) in paragraph (2) by striking "States which receive grants, and of units
of local government which receive any part of a grant made under this part"
and inserting "grant recipients (or private organizations with which grant
recipients have contracted to provide equipment or training using grant
funds)"; and
(B) by adding at the end the following new subsection:
"(d) UTILIZATION OF PRIVATE SECTOR.-Nothing in this part shall prohibit
the utilization of any grant funds to contract with a private organization to
provide equipment or training for the televising of testimony as contemplated
by the application submitted by an applicant.";
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents-
(A) in the item relating to section 1405 by striking "Allocation and
distribution of funds under formula grants" and inserting "(Repealed)"; and
(B) in the item relating to section 1408 by striking "State office" and
inserting "(Repealed)".
[pH8807]
Subtitle B-Safe Homes for Women
SEC. 40201. SHORT TITLE.
This title may be cited as the "Safe Homes for Women Act of 1994".
CHAPTER 1-NATIONAL DOMESTIC VIOLENCE HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.)
is amended by adding at the end the following new section:
"SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
"(a) IN GENERAL.-The Secretary may award a grant to a private, nonprofit
entity to provide for the operation of a national, toll-free telephone
hotline to provide information and assistance to victims of domestic
violence.
"(b) DURATION.-A grant under this section may extend over a period of not
more than 5 years.
"(c) ANNUAL APPROVAL.-The provision of payments under a grant under this
section shall be subject to annual approval by the Secretary and subject to
the availability of appropriations for each fiscal year to make the payments.
"(d) ACTIVITIES.-Funds received by an entity under this section shall be
used to establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic violence. In
establishing and operating the hotline, a private, nonprofit entity shall-
"(1) contract with a carrier for the use of a toll-free telephone line;
"(2) employ, train, and supervise personnel to answer incoming calls and
provide counseling and referral services to callers on a 24-hour-a-day basis;
"(3) assemble and maintain a current database of information relating to
services for victims of domestic violence to which callers may be referred
throughout the United States, including information on the availability of
shelters that serve battered women; and
"(4) publicize the hotline to potential users throughout the United
States.
"(e) APPLICATION.-A grant may not be made under this section unless an
application for such grant has been approved by the Secretary. To be approved
by the Secretary under this subsection an application shall-
"(1) contain such agreements, assurances, and information, be in such form
and be submitted in such manner as the Secretary shall prescribe through
notice in the Federal Register;
"(2) include a complete description of the applicant's plan for the
operation of a national domestic violence hotline, including descriptions of-
"(A) the training program for hotline personnel;
"(B) the hiring criteria for hotline personnel;
"(C) the methods for the creation, maintenance and updating of a resource
database;
"(D) a plan for publicizing the availability of the hotline;
"(E) a plan for providing service to non-English speaking callers,
including hotline personnel who speak Spanish; and
"(F) a plan for facilitating access to the hotline by persons with hearing
impairments;
"(3) demonstrate that the applicant has nationally recognized expertise in
the area of domestic violence and a record of high quality service to victims
of domestic violence, including a demonstration of support from advocacy
groups, such as domestic violence State coalitions or recognized national
domestic violence groups;
"(4) demonstrates that the applicant has a commitment to diversity, and to
the provision of services to ethnic, racial, and non-English speaking
minorities, in addition to older individuals and individuals with
disabilities; and
"(5) contain such other information as the Secretary may require.
"(f) AUTHORIZATION OF APPROPRIATIONS.-
"(1) IN GENERAL.-There are authorized to be appropriated to carry out this
section-
"(A) $1,000,000 for fiscal year 1995;
"(B) $400,000 for fiscal year 1996;
"(C) $400,000 for fiscal year 1997;
"(D) $400,000 for fiscal year 1998;
"(E) $400,000 for fiscal year 1999; and
"(F) $400,000 for fiscal year 2000.
"(2) AVAILABILITY.-Funds authorized to be appropriated under paragraph (1)
shall remain available until expended.".
CHAPTER 2-INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.-Part 1 of title 18, United States Code, is amended by
inserting after chapter 110 the following new chapter:
"CHAPTER 110A-DOMESTIC VIOLENCE
"Sec.2261.Interstate domestic violence.
"Sec.2262.Interstate violation of protection order.
"Sec.2263.Pretrial release of defendant.
"Sec.2264.Restitution.
"Sec.2265.Full faith and credit given to protection orders.
"Sec.2266.Definitions.
"2261. Interstate domestic violence
"(a) OFFENSES.-
"(1) CROSSING A STATE LINE.-A person who travels across a State line or
enters or leaves Indian country with the intent to injure, harass, or
intimidate that person's spouse or intimate partner, and who, in the course
of or as a result of such travel, intentionally commits a crime of violence
and thereby causes bodily injury to such spouse or intimate partner, shall be
punished as provided in subsection (b).
"(2) CAUSING THE CROSSING OF A STATE LINE.-A person who causes a spouse or
intimate partner to cross a State line or to enter or leave Indian country by
force, coercion, duress, or fraud and, in the course or as a result of that
conduct, intentionally commits a crime of violence and thereby causes bodily
injury to the person's spouse or intimate partner, shall be punished as
provided in subsection (b).
"(b) PENALTIES.-A person who violates this section shall be fined under
this title, imprisoned-
"(1) for life or any term of years, if death of the offender's spouse or
intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense;
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard to
whether the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and
"(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
[pH8808]
"2262. Interstate violation of protection order
"(a) OFFENSES.-
"(1) CROSSING A STATE LINE.-A person who travels across a State line or
enters or leaves Indian country with the intent to engage in conduct that-
"(A)(i) violates the portion of a protection order that involves
protection against credible threats of violence, repeated harassment, or
bodily injury to the person or persons for whom the protection order was
issued; or
"(ii) would violate subparagraph (A) if the conduct occurred in the
jurisdiction in which the order was issued; and
"(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
"(2) CAUSING THE CROSSING OF A STATE LINE.-A person who causes a spouse or
intimate partner to cross a State line or to enter or leave Indian country by
force, coercion, duress, or fraud, and, in the course or as a result of that
conduct, intentionally commits an act that injures the person's spouse or
intimate partner in violation of a valid protection order issued by a State
shall be punished as provided in subsection (b).
"(b) PENALTIES.-A person who violates this section shall be fined under
this title, imprisoned-
"(1) for life or any term of years, if death of the offender's spouse or
intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense;
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard to
whether the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and
"(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
"2263. Pretrial release of defendant
"In any proceeding pursuant to section 3142 for the purpose of determining
whether a defendant charged under this chapter shall be released pending
trial, or for the purpose of determining conditions of such release, the
alleged victim shall be given an opportunity to be heard regarding the danger
posed by the defendant.
"2264. Restitution
"(a) IN GENERAL.-Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.-
"(1) DIRECTIONS.-The order of restitution under this section shall direct
that-
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's losses as determined by the court,
pursuant to paragraph (3); and
"(B) the United States Attorney enforce the restitution order by all
available and reasonable means.
"(2) ENFORCEMENT BY VICTIM.-An order of restitution also may be enforced
by a victim named in the order to receive the restitution in the same manner
as a judgment in a civil action.
"(3) DEFINITION.-For purposes of this subsection, the term `full amount of
the victim's losses' includes any costs incurred by the victim for-
"(A) medical services relating to physical, psychiatric, or psychological
care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and child care expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtaining a civil
protection order; and
"(F) any other losses suffered by the victim as a proximate result of the
offense.
"(4) ORDER MANDATORY.-(A) The issuance of a restitution order under this
section is mandatory.
"(B) A court may not decline to issue an order under this section because
of-
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive compensation
for his or her injuries from the proceeds of insurance or any other source.
"(C)(i) Notwithstanding subparagraph (A), the court may take into account
the economic circumstances of the defendant in determining the manner in
which and the schedule according to which the restitution is to be paid.
"(ii) For purposes of this subparagraph, the term `economic circumstances'
includes-
"(I) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of the
defendant; and
"(III) any financial obligations of the defendant, including obligations
to dependents.
"(D) Subparagraph (A) does not apply if-
"(i) the court finds on the record that the economic circumstances of the
defendant do not allow for the payment of any amount of a restitution order,
and do not allow for the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any reasonable schedule of
payments); and
"(ii) the court enters in its order the amount of the victim's losses, and
provides a nominal restitution award.
"(5) MORE THAN 1 OFFENDER.-When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.
"(6) MORE THAN 1 VICTIM.-When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the court shall order
full restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
"(7) PAYMENT SCHEDULE.-An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at specified
intervals.
"(8) SETOFF.-Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the victim
from the defendant in-
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law of the
State.
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.-The issuance of a
restitution order shall not affect the entitlement of a victim to receive
compensation with respect to a loss from insurance or any other source until
the payments actually received by the victim under the restitution order
fully compensate the victim for the loss.
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the defendant in contempt
pursuant to section 3583(e). In determining whether to revoke probation or a
term of supervised release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the defendant's
failure to comply, and any other circumstances that may have a bearing on the
defendant's ability to comply.
"(c) AFFIDAVIT.-Within 60 days after conviction and, in any event, not
later than 10 days before sentencing, the United States Attorney (or such
Attorney's delegate), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject to restitution
under this section. The affidavit shall be signed by the United States
Attorney (or the delegate) and the victim. Should the victim object to any of
the information included in the affidavit, the United States Attorney (or the
delegate) shall advise the victim that the victim may file a separate
affidavit and assist the victim in the preparation of the affidavit.
"(d) OBJECTION.-If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts attested to
in the affidavit filed pursuant to subsection (a) shall be entered in the
court's restitution order. If objection is raised, the court may require the
victim or the United States Attorney (or the United States Attorney's
delegate) to submit further affidavits or other supporting documents,
demonstrating the victim's losses.
"(e) ADDITIONAL DOCUMENTATION AND TESTIMONY.-If the court concludes, after
reviewing the supporting documentation and considering the defendant's
objections, that there is a substantial reason for doubting the authenticity
or veracity of the records submitted, the court may require additional
documentation or hear testimony on those questions. The privacy of any
records filed, or testimony heard, pursuant to this section, shall be
maintained to the greatest extent possible, and such records may be filed or
testimony heard in camera.
"(f) FINAL DETERMINATION OF LOSSES.-If the victim's losses are not
ascertainable 10 days before sentencing as provided in subsection (c), the
United States Attorney (or the United States Attorney's delegate) shall so
inform the court, and the court shall set a date for the final determination
of the victim's losses, not to exceed 90 days after sentencing. If the victim
subsequently discovers further losses, the victim shall have 90 days after
discovery of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing of good
cause for the failure to include such losses in the initial claim for
restitutionary relief.
"(g) RESTITUTION IN ADDITION TO PUNISHMENT.-An award of restitution to the
victim of an offense under this chapter is not a substitute for imposition of
punishment under this chapter.
"2265. Full faith and credit given to protection orders
"(a) FULL FAITH AND CREDIT.-Any protection order issued that is consistent
with subsection (b) of this section by the court of one State or Indian
tribe (the issuing State or Indian tribe) shall be accorded full faith and
credit by the court of another State or Indian tribe (the enforcing State or
Indian tribe) and enforced as if it were the order of the enforcing State or
tribe.
"(b) PROTECTION ORDER.-A protection order issued by a State or tribal
court is consistent with this subsection if-
"(1) such court has jurisdiction over the parties and matter under the law
of such State or Indian tribe; and
"(2) reasonable notice and opportunity to be heard is given to the person
against whom the order is sought sufficient to protect that person's right to
due process. In the case of ex parte orders, notice and opportunity to be
heard must be provided within the time required by State or tribal law, and
in any event within a reasonable time after the order is issued, sufficient
to protect the respondent's due process rights.
"(c) CROSS OR COUNTER PETITION.-A protection order issued by a State or
tribal court against one who has petitioned, filed a complaint, or otherwise
filed a written pleading for protection against abuse by a spouse or intimate
partner is not entitled to full faith and credit if-
"(1) no cross or counter petition, complaint, or other written pleading
was filed seeking such a protection order; or
"(2) a cross or counter petition has been filed and the court did not make
specific findings that each party was entitled to such an order.
[pH8809]
"2266. Definitions
"In this chapter-
"`bodily injury' means any act, except one done in self-defense, that
results in physical injury or sexual abuse.
"`Indian country' has the meaning stated in section 1151.
"`protection order' includes any injunction or other order issued for the
purpose of preventing violent or threatening acts or harassment against, or
contact or communication with or physical proximity to, another person,
including temporary and final orders issued by civil and criminal
courts (other than support or child custody orders) whether obtained by
filing an independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to a complaint,
petition or motion filed by or on behalf of a person seeking protection.
"`spouse or intimate partner' includes-
"(A) a spouse, a former spouse, a person who shares a child in common with
the abuser, and a person who cohabits or has cohabited with the abuser as a
spouse; and
"(B) any other person similarly situated to a spouse who is protected by
the domestic or family violence laws of the State in which the injury
occurred or where the victim resides.
"`State' includes a State of the United States, the District of Columbia,
a commonwealth, territory, or possession of the United States.
"`travel across State lines' does not include travel across State lines by
an individual who is a member of an Indian tribe when such individual remains
at all times in the territory of the Indian tribe of which the individual is
a member.".
(b) TECHNICAL AMENDMENT.-The part analysis for part I of title 18, United
States Code, is amended by inserting after the item for chapter 110 the
following new item:
"110A. Domestic violence
2261.".
CHAPTER 3-ARREST POLICIES IN DOMESTIC VIOLENCE CASES
SEC. 40231. ENCOURAGING ARREST POLICIES.
(a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40121(a), is amended-
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
"PART U-GRANTS TO ENCOURAGE ARREST POLICIES
"SEC. 2101. GRANTS.
"(a) PURPOSE.-The purpose of this part is to encourage States, Indian
tribal governments, and units of local government to treat domestic violence
as a serious violation of criminal law.
"(b) GRANT AUTHORITY.-The Attorney General may make grants to eligible
States, Indian tribal governments, or units of local government for the
following purposes:
"(1) To implement mandatory arrest or proarrest programs and policies in
police departments, including mandatory arrest programs and policies for
protection order violations.
"(2) To develop policies and training in police departments to improve
tracking of cases involving domestic violence.
"(3) To centralize and coordinate police enforcement, prosecution, or
judicial responsibility for domestic violence cases in groups or units of
police officers, prosecutors, or judges.
"(4) To coordinate computer tracking systems to ensure communication
between police, prosecutors, and both criminal and family courts.
"(5) To strengthen legal advocacy service programs for victims of domestic
violence.
"(6) To educate judges in criminal and other courts about domestic
violence and to improve judicial handling of such cases.
"(c) ELIGIBILITY.-Eligible grantees are States, Indian tribal governments,
or units of local government that-
"(1) certify that their laws or official policies-
"(A) encourage or mandate arrests of domestic violence offenders based on
probable cause that an offense has been committed; and
"(B) encourage or mandate arrest of domestic violence offenders who
violate the terms of a valid and outstanding protection order;
"(2) demonstrate that their laws, policies, or practices and their
training programs discourage dual arrests of offender and victim;
"(3) certify that their laws, policies, or practices prohibit issuance of
mutual restraining orders of protection except in cases where both spouses
file a claim and the court makes detailed findings of fact indicating that
both spouses acted primarily as aggressors and that neither spouse acted
primarily in self-defense; and
"(4) certify that their laws, policies, or practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs associated with the filing
of criminal charges or the service of such charges on an abuser, or that the
abused bear the costs associated with the issuance or service of a warrant,
protection order, or witness subpoena.
"SEC. 2102. APPLICATIONS.
"(a) APPLICATION.-An eligible grantee shall submit an application to the
Attorney General that-
"(1) contains a certification by the chief executive officer of the State,
Indian tribal government, or local government entity that the conditions of
section 2101(c) are met or will be met within the later of-
"(A) the period ending on the date on which the next session of the State
or Indian tribal legislature ends; or
"(B) 2 years of the date of enactment of this part;
"(2) describes plans to further the purposes stated in section 2101(a);
"(3) identifies the agency or office or groups of agencies or offices
responsible for carrying out the program; and
"(4) includes documentation from nonprofit, private sexual assault and
domestic violence programs demonstrating their participation in developing
the application, and identifying such programs in which such groups will be
consulted for development and implementation.
"(b) PRIORITY.-In awarding grants under this part, the Attorney General
shall give priority to applicants that-
"(1) do not currently provide for centralized handling of cases involving
domestic violence by police, prosecutors, and courts; and
"(2) demonstrate a commitment to strong enforcement of laws, and
prosecution of cases, involving domestic violence.
"SEC. 2103. REPORTS.
"Each grantee receiving funds under this part shall submit a report to the
Attorney General evaluating the effectiveness of projects developed with
funds provided under this part and containing such additional information as
the Attorney General may prescribe.
"SEC. 2104. REGULATIONS OR GUIDELINES.
"Not later than 120 days after the date of enactment of this part, the
Attorney General shall publish proposed regulations or guidelines
implementing this part. Not later than 180 days after the date of enactment
of this part, the Attorney General shall publish final regulations or
guidelines implementing this part.
"SEC. 2105. DEFINITIONS.
"For purposes of this part-
"(1) the term `domestic violence' includes felony or misdemeanor crimes of
violence committed by a current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by any other
adult person against a victim who is protected from that person's acts under
the domestic or family violence laws of the eligible State, Indian tribal
government, or unit of local government that receives a grant under this
part; and
"(2) the term `protection order' includes any injunction issued for the
purpose of preventing violent or threatening acts of domestic violence,
including temporary and final orders issued by civil or criminal
courts (other than support or child custody orders or provisions) whether
obtained by filing an independent action or as a pendente lite order in
another proceeding.".
(b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 40121(b), is amended by striking the matter relating to
part U and inserting the following:
"PART U-GRANTS TO ENCOURAGE ARREST POLICIES
"Sec.2101.Grants.
"Sec.2102.Applications.
"Sec.2103.Reports.
"Sec.2104.Regulations or guidelines.
"Sec.2105.Definitions.
"PART V-TRANSITION-EFFECTIVE DATE-REPEALER
"Sec.2201.Continuation of rules, authorities, and proceedings.".
(c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40121(c), is amended-
(1) in paragraph (3) by striking "and T" and inserting "T, and U"; and
(2) by adding at the end the following new paragraph:
"(19) There are authorized to be appropriated to carry out part U-
"(A) $28,000,000 for fiscal year 1996;
"(B) $33,000,000 for fiscal year 1997; and
"(C) $59,000,000 for fiscal year 1998.
(d) ADMINISTRATIVE PROVISIONS.-
(1) REGULATIONS.-Section 801(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended by striking "and
O" and inserting "O, and U".
(2) DENIAL OF APPLICATION.-Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended in the
first sentence by striking "or O" and inserting "O, or U".
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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.
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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".
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SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF
RAPE VICTIMS.
It is the sense of the Senate that news media, law enforcement officers,
and other persons should exercise restraint and respect a rape victim's
privacy by not disclosing the victim's identity to the general public or
facilitating such disclosure without the consent of the victim.
Subtitle D-Equal Justice for Women in the Courts Act
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the "Equal Justice for Women in the Courts
Act of 1994".
CHAPTER 1-EDUCATION AND TRAINING FOR JUDGES AND COURT
PERSONNEL IN STATE COURTS
SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose of
developing, testing, presenting, and disseminating model programs to be used
by States (as defined in section 202 of the State Justice Institute Act of
1984 (42 U.S.C. 10701)) in training judges and court personnel in the laws of
the States and by Indian tribes in training tribal judges and court personnel
in the laws of the tribes on rape, sexual assault, domestic violence, and
other crimes of violence motivated by the victim's gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this subtitle may include
current information, existing studies, or current data on-
(1) the nature and incidence of rape and sexual assault by strangers and
nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child sexual abuse;
(3) the physical, psychological, and economic impact of rape and sexual
assault on the victim, the costs to society, and the implications for
sentencing;
(4) the psychology of sex offenders, their high rate of recidivism, and
the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual
assault;
(6) sex stereotyping of female and male victims of rape and sexual
assault, racial stereotyping of rape victims and defendants, and the impact
of such stereotypes on credibility of witnesses, sentencing, and other
aspects of the administration of justice;
(7) application of rape shield laws and other limits on introduction of
evidence that may subject victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need for sua sponte judicial
intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma syndrome, child
sexual abuse accommodation syndrome, post-traumatic stress syndrome, and
similar issues;
(9) the legitimate reasons why victims of rape, sexual assault, and incest
may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of domestic violence
on the victim, the costs to society, and the implications for court
procedures and sentencing;
(12) the psychology and self-presentation of batterers and victims and the
implications for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic violence,
myths about presence or absence of domestic violence in certain racial,
ethnic, religious, or socioeconomic groups, and their impact on the
administration of justice;
(14) historical evolution of laws and attitudes on domestic violence;
(15) proper and improper interpretations of the defenses of self-defense
and provocation, and the use of expert witness testimony on battered woman
syndrome;
(16) the likelihood of retaliation, recidivism, and escalation of violence
by batterers, and the potential impact of incarceration and other meaningful
sanctions for acts of domestic violence including violations of orders of
protection;
(17) economic, psychological, social and institutional reasons for
victims' inability to leave the batterer, to report domestic violence or to
follow through on complaints, including the influence of lack of support from
police, judges, and court personnel, and the legitimate reasons why victims
of domestic violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the implications of mutual
orders of protection, dual arrest policies, and mediation in domestic
violence cases; and
(19) recognition of and response to gender-motivated crimes of violence
other than rape, sexual assault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS
TITLE.
The State Justice Institute shall ensure that model programs carried out
pursuant to grants made under this subtitle are developed with the
participation of law enforcement officials, public and private nonprofit
victim advocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.-There are authorized to be appropriated to carry out this
chapter-
$600,000 for fiscal year 1996.
(b) MODEL PROGRAMS.-Of amounts appropriated under this section, the State
Justice Institute shall expend not less than 40 percent on model programs
regarding domestic violence and not less than 40 percent on model programs
regarding rape and sexual assault.
CHAPTER 2-EDUCATION AND TRAINING FOR JUDGES AND COURT
PERSONNEL IN FEDERAL COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING
GRANTS.
(a) STUDIES.-In order to gain a better understanding of the nature and the
extent of gender bias in the Federal courts, the circuit judicial councils
are encouraged to conduct studies of the instances, if any, of gender bias in
their respective circuits and to implement recommended reforms.
(b) MATTERS FOR EXAMINATION.-The studies under subsection (a) may include
an examination of the effects of gender on-
(1) the treatment of litigants, witnesses, attorneys, jurors, and judges
in the courts, including before magistrate and bankruptcy judges;
(2) the interpretation and application of the law, both civil and
criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of probation and
parole;
(7) appointments to committees of the Judicial Conference and the courts;
(8) case management and court sponsored alternative dispute resolution
programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(11) the admissibility of the victim's past sexual history in civil and
criminal cases; and
(12) the aspects of the topics listed in section 40412 that pertain to
issues within the jurisdiction of the Federal courts.
(c) CLEARINGHOUSE.-The Administrative Office of the United States Courts
shall act as a clearinghouse to disseminate any reports and materials issued
by the gender bias task forces under subsection (a) and to respond to
requests for such reports and materials. The gender bias task forces shall
provide the Administrative Office of the Courts of the United States with
their reports and related material.
(d) MODEL PROGRAMS.-The Federal Judicial Center, in carrying out section
620(b)(3) of title 28, United States Code, may-
(1) include in the educational programs it presents and prepares,
including the training programs for newly appointed judges, information on
issues related to gender bias in the courts including such areas as are
listed in subsection (a) along with such other topics as the Federal Judicial
Center deems appropriate;
(2) prepare materials necessary to implement this subsection; and
(3) take into consideration the findings and recommendations of the
studies conducted pursuant to subsection (a), and to consult with individuals
and groups with relevant expertise in gender bias issues as it prepares or
revises such materials.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated-
(1) to the Salaries and Expenses Account of the Courts of Appeals,
District Courts, and other Judicial Services to carry out section 40421(a)-
$500,000 for fiscal year 1996;
(2) to the Federal Judicial Center to carry out section 40421(d)-
$100,000 for fiscal year 1996; and
(3) to the Administrative Office of the United States Courts to carry out
section 40421(c)-
$100,000 for fiscal year 1996.
Subtitle E-Violence Against Women Act Improvements
SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is amended-
(1) by striking "or" at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B) and inserting ";
or"; and
(3) by adding after subparagraph (B) the following new subparagraph:
"(C) any felony under chapter 109A or chapter 110.".
SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE
AGE OF 16.
Section 2245(2) of title 18, United States Code, is amended-
(1) by striking "or" at the end of subparagraph (B);
(2) by striking "; and" at the end of subparagraph (C) and inserting ";
or"; and
(3) by inserting after subparagraph (C) the following new subparagraph:
"(D) the intentional touching, not through the clothing, of the genitalia
of another person who has not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of
any person;".
SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED DISEASES.
(a) FOR VICTIMS IN SEX OFFENSE CASES.-Section 503(c)(7) of the Victims'
Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
adding at the end the following: "The Attorney General shall provide for the
payment of the cost of up to 2 anonymous and confidential tests of the victim
for sexually transmitted diseases, including HIV, gonorrhea, herpes,
chlamydia, and syphilis, during the 12 months following sexual assaults that
pose a risk of transmission, and the cost of a counseling session by a
medically trained professional on the accuracy of such tests and the risk of
transmission of sexually transmitted diseases to the victim as the result of
the assault. A victim may waive anonymity and confidentiality of any tests
paid for under this section.".
(b) LIMITED TESTING OF DEFENDANTS.-
(1) COURT ORDER.-The victim of an offense of the type referred to in
subsection (a) may obtain an order in the district court of the United States
for the district in which charges are brought against the defendant charged
with the offense, after notice to the defendant and an opportunity to be
heard, requiring that the defendant be tested for the presence of the
etiologic agent for acquired immune deficiency syndrome, and that the results
of the test be communicated to the victim and the defendant. Any test result
of the defendant given to the victim or the defendant must be accompanied by
appropriate counseling.
(2) SHOWING REQUIRED.-To obtain an order under paragraph (1), the victim
must demonstrate that-
(A) the defendant has been charged with the offense in a State or Federal
court, and if the defendant has been arrested without a warrant, a probable
cause determination has been made;
(B) the test for the etiologic agent for acquired immune deficiency
syndrome is requested by the victim after appropriate counseling; and
(C) the test would provide information necessary for the health of the
victim of the alleged offense and the court determines that the alleged
conduct of the defendant created a risk of transmission, as determined by the
Centers for Disease Control, of the etiologic agent for acquired immune
deficiency syndrome to the victim.
(3) FOLLOW-UP TESTING.-The court may order follow-up tests and counseling
under paragraph (b)(1) if the initial test was negative. Such follow-up tests
and counseling shall be performed at the request of the victim on dates that
occur six months and twelve months following the initial test.
(4) TERMINATION OF TESTING REQUIREMENTS.-An order for follow-up testing
under paragraph (3) shall be terminated if the person obtains an acquittal
on, or dismissal of, all charges of the type referred to in subsection (a).
(5) CONFIDENTIALITY OF TEST.-The results of any test ordered under this
subsection shall be disclosed only to the victim or, where the court deems
appropriate, to the parent or legal guardian of the victim, and to the person
tested. The victim may disclose the test results only to any medical
professional, counselor, family member or sexual partner(s) the victim may
have had since the attack. Any such individual to whom the test results are
disclosed by the victim shall maintain the confidentiality of such
information.
(6) DISCLOSURE OF TEST RESULTS.-The court shall issue an order to prohibit
the disclosure by the victim of the results of any test performed under this
subsection to anyone other than those mentioned in paragraph (5). The
contents of the court proceedings and test results pursuant to this section
shall be sealed. The results of such test performed on the defendant under
this section shall not be used as evidence in any criminal trial.
(7) CONTEMPT FOR DISCLOSURE.-Any person who discloses the results of a
test in violation of this subsection may be held in contempt of court.
(c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.-Not later than 6 months
after the date of enactment of this Act, the United States Sentencing
Commission shall conduct a study and prepare and submit to the committees on
the Judiciary of the Senate and the House of Representatives a report
concerning recommendations for the revision of sentencing guidelines that
relate to offenses in which an HIV infected individual engages in sexual
activity if the individual knows that he or she is infected with HIV and
intends, through such sexual activity, to expose another to HIV.
[pH8813]
SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended-
(1) in paragraph (2) by inserting "including an offense under chapter 109A
or chapter 110" after "an offense resulting in bodily injury to a victim";
(2) by striking "and" at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new paragraph:
"(4) in any case, reimburse the victim for lost income and necessary child
care, transportation, and other expenses related to participation in the
investigation or prosecution of the offense or attendance at proceedings
related to the offense; and".
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF
FEDERAL BENEFITS.
Section 3663 of title 18, United States Code, is amended by adding at the
end the following new subsection:
"(i)(1) A Federal agency shall immediately suspend all Federal benefits
provided by the agency to the defendant, and shall terminate the defendant's
eligibility for Federal benefits administered by that agency, upon receipt of
a certified copy of a written judicial finding that the defendant is
delinquent in making restitution in accordance with any schedule of payments
or any requirement of immediate payment imposed under this section.
"(2) Any written finding of delinquency described in paragraph (1) shall
be made by a court, after a hearing, upon motion of the victim named in the
order to receive the restitution or upon motion of the United States.
"(3) A defendant found to be delinquent may subsequently seek a written
finding from the court that the defendant has rectified the delinquency or
that the defendant has made and will make good faith efforts to rectify the
delinquency. The defendant's eligibility for Federal benefits shall be
reinstated upon receipt by the agency of a certified copy of such a finding.
"(4) In this subsection, "Federal benefit" means a grant, contract, loan,
professional license, or commercial license provided by an agency of the
United States.".
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
(a) STUDY.-The Attorney General, in consultation with the Secretary of
Education, shall provide for a national baseline study to examine the scope
of the problem of campus sexual assaults and the effectiveness of
institutional and legal policies in addressing such crimes and protecting
victims. The Attorney General may utilize the Bureau of Justice Statistics,
the National Institute of Justice, and the Office for Victims of Crime in
carrying out this section.
(b) REPORT.-Based on the study required by subsection (a) and data
collected under the Student Right-To-Know and Campus Security Act (20 U.S.C.
1001 note; Public Law 101-542) and amendments made by that Act, the Attorney
General shall prepare a report including an analysis of-
(1) the number of reported allegations and estimated number of unreported
allegations of campus sexual assaults, and to whom the allegations are
reported (including authorities of the educational institution, sexual
assault victim service entities, and local criminal authorities);
(2) the number of campus sexual assault allegations reported to
authorities of educational institutions which are reported to criminal
authorities;
(3) the number of campus sexual assault allegations that result in
criminal prosecution in comparison with the number of non-campus sexual
assault allegations that result in criminal prosecution;
(4) Federal and State laws or regulations pertaining specifically to
campus sexual assaults;
(5) the adequacy of policies and practices of educational institutions in
addressing campus sexual assaults and protecting victims, including
consideration of-
(A) the security measures in effect at educational institutions, such as
utilization of campus police and security guards, control over access to
grounds and buildings, supervision of student activities and student living
arrangements, control over the consumption of alcohol by students, lighting,
and the availability of escort services;
(B) the articulation and communication to students of the institution's
policies concerning sexual assaults;
(C) policies and practices that may prevent or discourage the reporting of
campus sexual assaults to local criminal authorities, or that may otherwise
obstruct justice or interfere with the prosecution of perpetrators of campus
sexual assaults;
(D) the nature and availability of victim services for victims of campus
sexual assaults;
(E) the ability of educational institutions' disciplinary processes to
address allegations of sexual assault adequately and fairly;
(F) measures that are taken to ensure that victims are free of unwanted
contact with alleged assailants, and disciplinary sanctions that are imposed
when a sexual assault is determined to have occurred; and
(G) the grounds on which educational institutions are subject to lawsuits
based on campus sexual assaults, the resolution of these cases, and measures
that can be taken to avoid the likelihood of lawsuits and civil liability;
(6) in conjunction with the report produced by the Department of Education
in coordination with institutions of education under the Student
Right-To-Know and Campus Security Act (20 U.S.C. 1001 note; Public Law
101-542) and amendments made by that Act, an assessment of the policies and
practices of educational institutions that are of greatest effectiveness in
addressing campus sexual assaults and protecting victims, including policies
and practices relating to the particular issues described in paragraph (5);
and
(7) any recommendations the Attorney General may have for reforms to
address campus sexual assaults and protect victims more effectively, and any
other matters that the Attorney General deems relevant to the subject of the
study and report required by this section.
(c) SUBMISSION OF REPORT.-The report required by subsection (b) shall be
submitted to the Congress no later than September 1, 1996.
(d) DEFINITION.-For purposes of this section, "campus sexual assaults"
includes sexual assaults occurring at institutions of postsecondary education
and sexual assaults committed against or by students or employees of such
institutions.
(e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be
appropriated to carry out the study required by this section-$200,000 for
fiscal year 1996.
SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) REPORT.-Not less than 1 year after the date of enactment of this Act,
the Attorney General and the Secretary of Health and Human Services shall
transmit to the House Committee on Energy and Commerce, the Senate Committee
on Labor and Human Resources, and the Committees on the Judiciary of the
Senate and the House of Representatives a report on the medical and
psychological basis of "battered women's syndrome" and on the extent to which
evidence of the syndrome has been considered in criminal trials.
(b) COMPONENTS.-The report under subsection (a) shall include-
(1) medical and psychological testimony on the validity of battered
women's syndrome as a psychological condition;
(2) a compilation of State, tribal, and Federal court cases in which
evidence of battered women's syndrome was offered in criminal trials; and
(3) an assessment by State, tribal, and Federal judges, prosecutors, and
defense attorneys of the effects that evidence of battered women's syndrome
may have in criminal trials.
[pH8814]
SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMESTIC
VIOLENCE.
(a) REPORT.-The Attorney General shall conduct a study of the means by
which abusive spouses may obtain information concerning the addresses or
locations of estranged or former spouses, notwithstanding the desire of the
victims to have such information withheld to avoid further exposure to abuse.
Based on the study, the Attorney General shall transmit a report to Congress
including-
(1) the findings of the study concerning the means by which information
concerning the addresses or locations of abused spouses may be obtained by
abusers; and
(2) analysis of the feasibility of creating effective means of protecting
the confidentiality of information concerning the addresses and locations of
abused spouses to protect such persons from exposure to further abuse while
preserving access to such information for legitimate purposes.
(b) USE OF COMPONENTS.-The Attorney General may use the National Institute
of Justice and the Office for Victims of Crime in carrying out this section.
SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study of, and shall submit to Congress a
report and recommendations on, problems of recordkeeping of criminal
complaints involving domestic violence. The study and report shall examine-
(1) the efforts that have been made by the Department of Justice,
including the Federal Bureau of Investigation, to collect statistics on
domestic violence; and
(2) the feasibility of requiring that the relationship between an offender
and victim be reported in Federal records of crimes of aggravated assault,
rape, and other violent crimes.
Subtitle F-National Stalker and Domestic Violence Reduction
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.
(a) ACCESS AND ENTRY.-Section 534 of title 28, United States Code, is
amended by adding at the end the following:
"(e)(1) Information from national crime information databases consisting
of identification records, criminal history records, protection orders, and
wanted person records may be disseminated to civil or criminal courts for use
in domestic violence or stalking cases. Nothing in this subsection shall be
construed to permit access to such records for any other purpose.
"(2) Federal and State criminal justice agencies authorized to enter
information into criminal information databases may include-
"(A) arrests, convictions, and arrest warrants for stalking or domestic
violence or for violations of protection orders for the protection of parties
from stalking or domestic violence; and
"(B) protection orders for the protection of persons from stalking or
domestic violence, provided such orders are subject to periodic verification.
"(3) As used in this subsection-
"(A) the term `national crime information databases' means the National
Crime Information Center and its incorporated criminal history databases,
including the Interstate Identification Index; and
"(B) the term `protection order' includes an injunction or any other order
issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical proximity
to, another person, including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking protection.".
(b) RULEMAKING.-The Attorney General may make rules to carry out the
subsection added to section 534 of title 28, United States Code, by
subsection (a), after consultation with the officials charged with managing
the National Crime Information Center and the Criminal Justice Information
Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) IN GENERAL.-The Attorney General is authorized to provide grants to
States and units of local government to improve processes for entering data
regarding stalking and domestic violence into local, State, and national
crime information databases.
(b) ELIGIBILITY.-To be eligible to receive a grant under subsection (a), a
State or unit of local government shall certify that it has or intends to
establish a program that enters into the National Crime Information Center
records of-
(1) warrants for the arrest of persons violating protection orders
intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection or domestic
violence; and
(3) protection orders for the protection of persons from stalking or
domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle-
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
An application for a grant under this subtitle shall be submitted in such
form and manner, and contain such information, as the Attorney General may
prescribe. In addition, applications shall include documentation showing-
(1) the need for grant funds and that State or local funding, as the case
may be, does not already cover these operations;
(2) intended use of the grant funds, including a plan of action to
increase record input; and
(3) an estimate of expected results from the use of the grant funds.
SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application under this
subtitle, the Attorney General shall either provide grant funds or shall
inform the applicant why grant funds are not being provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and training in
furtherance of the purposes of this subtitle, and may provide for the
evaluation of programs that receive funds under this subtitle, in addition to
any evaluation requirements that the Attorney General may prescribe for
grantees. The technical assistance, training, and evaluations authorized by
this section may be carried out directly by the Attorney General, or through
contracts or other arrangements with other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with nationally recognized
nonprofit organizations with expertise in stalking and domestic violence
cases, shall conduct training programs for State (as defined in section 202
of the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701))
and Indian tribal judges to ensure that a judge issuing an order in a
stalking or domestic violence case has all available criminal history and
other information, whether from State or Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with nationally recognized
nonprofit associations with expertise in data sharing among criminal justice
agencies and familiarity with the issues raised in stalking and domestic
violence cases, shall recommend proposals regarding how State courts may
increase intrastate communication between civil and criminal courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.
Not later than 2 years after the date of enactment of this Act, the
Attorney General, in accordance with the States, shall compile data regarding
domestic violence and intimidation (including stalking) as part of the
National Incident-Based Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual report,
beginning one year after the date of the enactment of this Act, that provides
information concerning the incidence of stalking and domestic violence, and
evaluates the effectiveness of State antistalking efforts and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle-
(1) the term "national crime information databases" refers to the National
Crime Information Center and its incorporated criminal history databases,
including the Interstate Identification Index; and
(2) the term "protection order" includes an injunction or any other order
issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical proximity
to, another person, including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking protection.
Subtitle G-Protections for Battered Immigrant Women and
Children
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND
PREFERENCE STATUS.
(a) IN GENERAL.-Section 204(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)) is amended-
(1) in subparagraph (A)-
(A) by inserting "(i)" after "(A)",
(B) by redesignating the second sentence as clause (ii), and
(C) by adding at the end the following new clauses:
"(iii) An alien who is the spouse of a citizen of the United States, who
is a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided in the
United States with the alien's spouse may file a petition with the Attorney
General under this subparagraph for classification of the alien (and any
child of the alien if such a child has not been classified under clause (iv))
under such section if the alien demonstrates to the Attorney General that-
"(I) the alien is residing in the United States, the marriage between the
alien and the spouse was entered into in good faith by the alien, and during
the marriage the alien or a child of the alien has been battered by or has
been the subject of extreme cruelty perpetrated by the alien's spouse; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien or a child of
the alien.
"(iv) An alien who is the child of a citizen of the United States, who is
a person of good moral character, who is eligible to be classified as an
immediate relative under section 201(b)(2)(A)(i), and who has resided in the
United States with the citizen parent may file a petition with the Attorney
General under this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that-
"(I) the alien is residing in the United States and during the period of
residence with the citizen parent the alien has been battered by or has been
the subject of extreme cruelty perpetrated by the alien's citizen parent; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien.";
(2) in subparagraph (B)-
(A) by inserting "(i)" after "(B)"; and
(B) by adding at the end the following new clauses:
"(ii) An alien who is the spouse of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is eligible
for classification under section 203(a)(2)(A), and who has resided in the
United States with the alien's legal permanent resident spouse may file a
petition with the Attorney General under this subparagraph for classification
of the alien (and any child of the alien if such a child has not been
classified under clause (iii)) under such section if the alien demonstrates
to the Attorney General that the conditions described in subclauses (I)
and (II) of subparagraph (A)(iii) are met with respect to the alien.
"(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is eligible
for classification under section 203(a)(2)(A), and who has resided in the
United States with the alien's permanent resident alien parent may file a
petition with the Attorney General under this subparagraph for classification
of the alien under such section if the alien demonstrates to the Attorney
General that-
"(I) the alien is residing in the United States and during the period of
residence with the permanent resident parent the alien has been battered by
or has been the subject of extreme cruelty perpetrated by the alien's
permanent resident parent; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien."; and
(3) by adding at the end the following new subparagraph:
"(H) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney
General shall consider any credible evidence relevant to the petition. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".
(b) CONFORMING AMENDMENTS.-(1) Section 204(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(2)) is amended-
(A) in subparagraph (A) by striking "filed by an alien who," and
inserting "for the classification of the spouse of an alien if the alien,";
and
(B) in subparagraph (B) by striking "by an alien whose prior marriage" and
inserting "for the classification of the spouse of an alien if the prior
marriage of the alien".
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and
inserting "204(a)(1)(A)(ii)".
(c) SURVIVAL RIGHTS TO PETITION.-Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following
new subsection:
"(h) The legal termination of a marriage may not be the sole basis for
revocation under section 205 of a petition filed under
subsection (a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii)
pursuant to conditions described in subsection (a)(1)(A)(iii)(I).".
(d) EFFECTIVE DATE.-The amendments made by this section shall take effect
January 1, 1995.
[pH8815]
SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
(a) IN GENERAL.-Section 216(c)(4) of the Immigration and Nationality
Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence
the following: "In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".
(b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect
on the date of enactment of this Act and shall apply to applications made
before, on, or after such date.
SEC. 40703. SUSPENSION OF DEPORTATION.
(a) BATTERED SPOUSE OR CHILD.-Section 244(a) of the Immigration and
Nationality Act (8 U.S.C. 1254(a)) is amended-
(1) by striking "or" at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting ";
or"; and
(3) by inserting after paragraph (2) the following:
"(3) is deportable under any law of the United States except section
241(a)(1)(G) and the provisions specified in paragraph (2); has been
physically present in the United States for a continuous period of not less
than 3 years immediately preceding the date of such application; has been
battered or subjected to extreme cruelty in the United States by a spouse or
parent who is a United States citizen or lawful permanent resident (or is the
parent of a child of a United States citizen or lawful permanent resident and
the child has been battered or subjected to extreme cruelty in the United
States by such citizen or permanent resident parent); and proves that during
all of such time in the United States the alien was and is a person of good
moral character; and is a person whose deportation would, in the opinion of
the Attorney General, result in extreme hardship to the alien or the alien's
parent or child.".
(b) CONSIDERATION OF EVIDENCE.-Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following
new subsection:
"(g) In acting on applications under subsection (a)(3), the Attorney
General shall consider any credible evidence relevant to the application. The
determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.".
TITLE V-DRUG COURTS
SEC. 50001. DRUG COURTS.
(a) IN GENERAL.-Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40231(a), is amended-
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
"PART V-DRUG COURTS
"SEC. 2201. GRANT AUTHORITY.
"The Attorney General may make grants to States, State courts, local
courts, units of local government, and Indian tribal governments, acting
directly or through agreements with other public or private entities, for
programs that involve-
"(1) continuing judicial supervision over offenders with substance abuse
problems who are not violent offenders; and
"(2) the integrated administration of other sanctions and services, which
shall include-
"(A) mandatory periodic testing for the use of controlled substances or
other addictive substances during any period of supervised release or
probation for each participant;
"(B) substance abuse treatment for each participant;
"(C) diversion, probation, or other supervised release involving the
possibility of prosecution, confinement, or incarceration based on
noncompliance with program requirements or failure to show satisfactory
progress; and
"(D) programmatic, offender management, and aftercare services such as
relapse prevention, health care, education, vocational training, job
placement, housing placement, and child care or other family support services
for each participant who requires such services.
"SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
"The Attorney General shall-
"(1) issue regulations and guidelines to ensure that the programs
authorized in this part do not permit participation by violent offenders; and
"(2) immediately suspend funding for any grant under this part, pending
compliance, if the Attorney General finds that violent offenders are
participating in any program funded under this part.
"SEC. 2203. DEFINITION.
"In this part, `violent offender' means a person who-
"(1) is charged with or convicted of an offense, during the course of
which offense or conduct-
"(A) the person carried, possessed, or used a firearm or dangerous weapon;
"(B) there occurred the death of or serious bodily injury to any person;
or
"(C) there occurred the use of force against the person of another,
without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or conduct of
which or for which the person is charged or convicted; or
"(2) has one or more prior convictions for a felony crime of violence
involving the use or attempted use of force against a person with the intent
to cause death or serious bodily harm.
"SEC. 2204. ADMINISTRATION.
"(a) CONSULTATION.-The Attorney General shall consult with the Secretary
of Health and Human Services and any other appropriate officials in carrying
out this part.
"(b) USE OF COMPONENTS.-The Attorney General may utilize any component or
components of the Department of Justice in carrying out this part.
"(c) REGULATORY AUTHORITY.-The Attorney General may issue regulations and
guidelines necessary to carry out this part.
"(d) APPLICATIONS.-In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under this part
shall-
"(1) include a long-term strategy and detailed implementation plan;
"(2) explain the applicant's inability to fund the program adequately
without Federal assistance;
"(3) certify that the Federal support provided will be used to supplement,
and not supplant, State, Indian tribal, and local sources of funding that
would otherwise be available;
"(4) identify related governmental or community initiatives which
complement or will be coordinated with the proposal;
"(5) certify that there has been appropriate consultation with all
affected agencies and that there will be appropriate coordination with all
affected agencies in the implementation of the program;
"(6) certify that participating offenders will be supervised by one or
more designated judges with responsibility for the drug court program;
"(7) specify plans for obtaining necessary support and continuing the
proposed program following the conclusion of Federal support; and
"(8) describe the methodology that will be used in evaluating the program.
"SEC. 2205. APPLICATIONS.
"To request funds under this part, the chief executive or the chief
justice of a State or the chief executive or chief judge of a unit of local
government or Indian tribal government shall submit an application to the
Attorney General in such form and containing such information as the Attorney
General may reasonably require.
[pH8816]
"SEC. 2206. FEDERAL SHARE.
"The Federal share of a grant made under this part may not exceed 75
percent of the total costs of the program described in the application
submitted under section 2205 for the fiscal year for which the program
receives assistance under this part, unless the Attorney General waives,
wholly or in part, the requirement of a matching contribution under this
section. In-kind contributions may constitute a portion of the non-Federal
share of a grant.
"SEC. 2207. GEOGRAPHIC DISTRIBUTION.
"The Attorney General shall ensure that, to the extent practicable, an
equitable geographic distribution of grant awards is made.
"SEC. 2208. REPORT.
"A State, Indian tribal government, or unit of local government that
receives funds under this part during a fiscal year shall submit to the
Attorney General a report in March of the following year regarding the
effectiveness of this part.
"SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
"(a) TECHNICAL ASSISTANCE AND TRAINING.-The Attorney General may provide
technical assistance and training in furtherance of the purposes of this
part.
"(b) EVALUATIONS.-In addition to any evaluation requirements that may be
prescribed for grantees, the Attorney General may carry out or make
arrangements for evaluations of programs that receive support under this
part.
"(c) ADMINISTRATION.-The technical assistance, training, and evaluations
authorized by this section may be carried out directly by the Attorney
General, in collaboration with the Secretary of Health and Human Services, or
through grants, contracts, or other cooperative arrangements with other
entities.".
(b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 40231(b), is amended by striking the matter relating to
part V and inserting the following:
"PART V-DRUG COURTS
"Sec.2201.Grant authority.
"Sec.2202.Prohibition of participation by violent offenders.
"Sec.2203.Definition.
"Sec.2204.Administration.
"Sec.2205.Applications.
"Sec.2206.Federal share.
"Sec.2207.Geographic distribution.
"Sec.2208.Report.
"Sec.2209.Technical assistance, training, and evaluation.
"PART W-TRANSITION-EFFECTIVE DATE-REPEALER
"Sec.2301.Continuation of rules, authorities, and proceedings.".
(c) AUTHORIZATION OF APPROPRIATIONS.-Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40231(c), is amended-
(1) in paragraph (3) by striking "and U" and inserting "U, and V"; and
(2) by adding at the end the following new paragraph:
"(20) There are authorized to be appropriated to carry out part V-
"(1) $100,000,000 for fiscal year 1995;
"(2) $150,000,000 for fiscal year 1996;
"(3) $150,000,000 for fiscal year 1997;
"(4) $200,000,000 for fiscal year 1998;
"(5) $200,000,000 for fiscal year 1999; and
"(6) $200,000,000 for fiscal year 2000.".
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL.-The Comptroller General of the United States shall study
and assess the effectiveness and impact of grants authorized by part V of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 as added by
section 50001(a) and report to Congress the results of the study on or before
January 1, 1997.
(b) DOCUMENTS AND INFORMATION.-The Attorney General and grant recipients
shall provide the Comptroller General with all relevant documents and
information that the Comptroller General deems necessary to conduct the study
under subsection (a), including the identities and criminal records of
program participants.
(c) CRITERIA.-In assessing the effectiveness of the grants made under
programs authorized by part V of the Omnibus Crime Control and Safe Streets
Act of 1968, the Comptroller General shall consider, among other things-
(1) recidivism rates of program participants;
(2) completion rates among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice system.
TITLE VI-DEATH PENALTY
SEC. 60001. SHORT TITLE.
This title may be cited as the "Federal Death Penalty Act of 1994".
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE
OF DEATH.
(a) IN GENERAL.-Part II of title 18, United States Code, is amended by
inserting after chapter 227 the following new chapter:
"CHAPTER 228-DEATH SENTENCE
"Sec.
"3591.Sentence of death.
"3592.Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified.
"3593.Special hearing to determine whether a sentence of death is justified.
"3594.Imposition of a sentence of death.
"3595.Review of a sentence of death.
"3596.Implementation of a sentence of death.
"3597.Use of State facilities.
"3598.Special provisions for Indian country.
"3591. Sentence of death
"(a) A defendant who has been found guilty of-
"(1) an offense described in section 794 or section 2381; or
"(2) any other offense for which a sentence of death is provided, if the
defendant, as determined beyond a reasonable doubt at the hearing under
section 3593-
"(A) intentionally killed the victim;
"(B) intentionally inflicted serious bodily injury that resulted in the
death of the victim;
"(C) intentionally participated in an act, contemplating that the life of
a person would be taken or intending that lethal force would be used in
connection with a person, other than one of the participants in the offense,
and the victim died as a direct result of the act; or
"(D) intentionally and specifically engaged in an act of violence, knowing
that the act created a grave risk of death to a person, other than one of the
participants in the offense, such that participation in the act constituted a
reckless disregard for human life and the victim died as a direct result of
the act,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to section
3593, it is determined that imposition of a sentence of death is justified,
except that no person may be sentenced to death who was less than 18 years of
age at the time of the offense.
"(b) A defendant who has been found guilty of-
"(1) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing
criminal enterprise offense under the conditions described in subsection (b)
of that section which involved not less than twice the quantity of controlled
substance described in subsection (b)(2)(A) or twice the gross receipts
described in subsection (b)(2)(B); or
"(2) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing
criminal enterprise offense under that section, where the defendant is a
principal administrator, organizer, or leader of such an enterprise, and the
defendant, in order to obstruct the investigation or prosecution of the
enterprise or an offense involved in the enterprise, attempts to kill or
knowingly directs, advises, authorizes, or assists another to attempt to kill
any public officer, juror, witness, or members of the family or household of
such a person,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to section
3593, it is determined that imposition of a sentence of death is justified,
except that no person may be sentenced to death who was less than 18 years of
age at the time of the offense.
"3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified
"(a) MITIGATING FACTORS.-In determining whether a sentence of death is to
be imposed on a defendant, the finder of fact shall consider any mitigating
factor, including the following:
"(1) IMPAIRED CAPACITY.-The defendant's capacity to appreciate the
wrongfulness of the defendant's conduct or to conform conduct to the
requirements of law was significantly impaired, regardless of whether the
capacity was so impaired as to constitute a defense to the charge.
"(2) DURESS.-The defendant was under unusual and substantial duress,
regardless of whether the duress was of such a degree as to constitute a
defense to the charge.
"(3) MINOR PARTICIPATION.-The defendant is punishable as a principal in
the offense, which was committed by another, but the defendant's
participation was relatively minor, regardless of whether the participation
was so minor as to constitute a defense to the charge.
"(4) EQUALLY CULPABLE DEFENDANTS.-Another defendant or defendants, equally
culpable in the crime, will not be punished by death.
"(5) NO PRIOR CRIMINAL RECORD.-The defendant did not have a significant
prior history of other criminal conduct.
"(6) DISTURBANCE.-The defendant committed the offense under severe mental
or emotional disturbance.
"(7) VICTIM'S CONSENT.-The victim consented to the criminal conduct that
resulted in the victim's death.
"(8) OTHER FACTORS.-Other factors in the defendant's background, record,
or character or any other circumstance of the offense that mitigate against
imposition of the death sentence.
"(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-In determining whether
a sentence of death is justified for an offense described in section
3591(a)(1), the jury, or if there is no jury, the court, shall consider each
of the following aggravating factors for which notice has been given and
determine which, if any, exist:
"(1) PRIOR ESPIONAGE OR TREASON OFFENSE.-The defendant has previously been
convicted of another offense involving espionage or treason for which a
sentence of either life imprisonment or death was authorized by law.
"(2) GRAVE RISK TO NATIONAL SECURITY.-In the commission of the offense the
defendant knowingly created a grave risk of substantial danger to the
national security.
"(3) GRAVE RISK OF DEATH.-In the commission of the offense the defendant
knowingly created a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
"(c) AGGRAVATING FACTORS FOR HOMICIDE.-In determining whether a sentence
of death is justified for an offense described in section 3591(a)(2), the
jury, or if there is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and determine which, if
any, exist:
"(1) DEATH DURING COMMISSION OF ANOTHER CRIME.-The death, or injury
resulting in death, occurred during the commission or attempted commission
of, or during the immediate flight from the commission of, an offense under
section 32 (destruction of aircraft or aircraft facilities), section
33 (destruction of motor vehicles or motor vehicle facilities), section
36 (violence at international airports), section 351 (violence against
Members of Congress, Cabinet officers, or Supreme Court Justices), an offense
under section 751 (prisoners in custody of institution or officer), section
794 (gathering or delivering defense information to aid foreign government),
section 844(d) (transportation of explosives in interstate commerce for
certain purposes), section 844(f) (destruction of Government property by
explosives), section 1118 (prisoners serving life term), section
1201 (kidnaping), section 844(i) (destruction of property affecting
interstate commerce by explosives), section 1116 (killing or attempted
killing of diplomats), section 1203 (hostage taking), section 1992 (wrecking
trains), section 2280 (maritime violence), section 2281 (maritime platform
violence), section 2332 (terrorist acts abroad against United States
nationals), section 2339 (use of weapons of mass destruction), or section
2381 (treason) of this title, or section 46502 of title 49, United States
Code (aircraft piracy).
"(2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING FIREARM.-For any
offense, other than an offense for which a sentence of death is sought on the
basis of section 924(c), the defendant has previously been convicted of a
Federal or State offense punishable by a term of imprisonment of more than 1
year, involving the use or attempted or threatened use of a firearm (as
defined in section 921) against another person.
"(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE
IMPRISONMENT WAS AUTHORIZED.-The defendant has previously been convicted of
another Federal or State offense resulting in the death of a person, for
which a sentence of life imprisonment or a sentence of death was authorized
by statute.
"(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-The defendant has
previously been convicted of 2 or more Federal or State offenses, punishable
by a term of imprisonment of more than 1 year, committed on different
occasions, involving the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
"(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.-The defendant, in the
commission of the offense, or in escaping apprehension for the violation of
the offense, knowingly created a grave risk of death to 1 or more persons in
addition to the victim of the offense.
"(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE.-The
defendant committed the offense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical abuse to the victim.
"(7) PROCUREMENT OF OFFENSE BY PAYMENT.-The defendant procured the
commission of the offense by payment, or promise of payment, of anything of
pecuniary value.
"(8) PECUNIARY GAIN.-The defendant committed the offense as consideration
for the receipt, or in the expectation of the receipt, of anything of
pecuniary value.
"(9) SUBSTANTIAL PLANNING AND PREMEDITATION.-The defendant committed the
offense after substantial planning and premeditation to cause the death of a
person or commit an act of terrorism.
"(10) CONVICTION FOR TWO FELONY DRUG OFFENSES.-The defendant has
previously been convicted of 2 or more State or Federal offenses punishable
by a term of imprisonment of more than one year, committed on different
occasions, involving the distribution of a controlled substance.
"(11) VULNERABILITY OF VICTIM.-The victim was particularly vulnerable due
to old age, youth, or infirmity.
"(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.-The defendant had
previously been convicted of violating title II or III of the Controlled
Substances Act for which a sentence of 5 or more years may be imposed or had
previously been convicted of engaging in a continuing criminal enterprise.
"(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO MINORS.-The
defendant committed the offense in the course of engaging in a continuing
criminal enterprise in violation of section 408(c) of the Controlled
Substances Act (21 U.S.C. 848(c)), and that violation involved the
distribution of drugs to persons under the age of 21 in violation of section
418 of that Act (21 U.S.C. 859).
"(14) HIGH PUBLIC OFFICIALS.-The defendant committed the offense against-
"(A) the President of the United States, the President-elect, the Vice
President, the Vice President-elect, the Vice President-designate, or, if
there is no Vice President, the officer next in order of succession to the
office of the President of the United States, or any person who is acting as
President under the Constitution and laws of the United States;
"(B) a chief of state, head of government, or the political equivalent, of
a foreign nation;
"(C) a foreign official listed in section 1116(b)(3)(A), if the official
is in the United States on official business; or
"(D) a Federal public servant who is a judge, a law enforcement officer,
or an employee of a United States penal or correctional institution-
"(i) while he or she is engaged in the performance of his or her official
duties;
"(ii) because of the performance of his or her official duties; or
"(iii) because of his or her status as a public servant.
For purposes of this subparagraph, a `law enforcement officer' is a public
servant authorized by law or by a Government agency or Congress to conduct or
engage in the prevention, investigation, or prosecution or adjudication of an
offense, and includes those engaged in corrections, parole, or probation
functions.
"(15) PRIOR CONVICTION OF SEXUAL ASSAULT OR CHILD MOLESTATION.-In the case
of an offense under chapter 109A (sexual abuse) or chapter 110 (sexual abuse
of children), the defendant has previously been convicted of a crime of
sexual assault or crime of child molestation.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
"(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PENALTY.-In determining
whether a sentence of death is justified for an offense described in section
3591(b), the jury, or if there is no jury, the court, shall consider each of
the following aggravating factors for which notice has been given and
determine which, if any, exist:
"(1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE
IMPRISONMENT WAS AUTHORIZED.-The defendant has previously been convicted of
another Federal or State offense resulting in the death of a person, for
which a sentence of life imprisonment or death was authorized by statute.
"(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-The defendant has
previously been convicted of two or more Federal or State offenses, each
punishable by a term of imprisonment of more than one year, committed on
different occasions, involving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) or the infliction of, or attempted infliction
of, serious bodily injury or death upon another person.
"(3) PREVIOUS SERIOUS DRUG FELONY CONVICTION.-The defendant has previously
been convicted of another Federal or State offense involving the manufacture,
distribution, importation, or possession of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for
which a sentence of five or more years of imprisonment was authorized by
statute.
"(4) USE OF FIREARM.-In committing the offense, or in furtherance of a
continuing criminal enterprise of which the offense was a part, the defendant
used a firearm or knowingly directed, advised, authorized, or assisted
another to use a firearm to threaten, intimidate, assault, or injure a
person.
"(5) DISTRIBUTION TO PERSONS UNDER 21.-The offense, or a continuing
criminal enterprise of which the offense was a part, involved conduct
proscribed by section 418 of the Controlled Substances Act (21 U.S.C. 859)
which was committed directly by the defendant.
"(6) DISTRIBUTION NEAR SCHOOLS.-The offense, or a continuing criminal
enterprise of which the offense was a part, involved conduct proscribed by
section 419 of the Controlled Substances Act (21 U.S.C. 860) which was
committed directly by the defendant.
"(7) USING MINORS IN TRAFFICKING.-The offense, or a continuing criminal
enterprise of which the offense was a part, involved conduct proscribed by
section 420 of the Controlled Substances Act (21 U.S.C. 861) which was
committed directly by the defendant.
"(8) LETHAL ADULTERANT.-The offense involved the importation, manufacture,
or distribution of a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), mixed with a potentially lethal
adulterant, and the defendant was aware of the presence of the adulterant.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
[pH8817]
"3593. Special hearing to determine whether a sentence of death is
justified
"(a) NOTICE BY THE GOVERNMENT.-If, in a case involving an offense
described in section 3591, the attorney for the government believes that the
circumstances of the offense are such that a sentence of death is justified
under this chapter, the attorney shall, a reasonable time before the trial or
before acceptance by the court of a plea of guilty, sign and file with the
court, and serve on the defendant, a notice-
"(1) stating that the government believes that the circumstances of the
offense are such that, if the defendant is convicted, a sentence of death is
justified under this chapter and that the government will seek the sentence
of death; and
"(2) setting forth the aggravating factor or factors that the government,
if the defendant is convicted, proposes to prove as justifying a sentence of
death.
The factors for which notice is provided under this subsection may include
factors concerning the effect of the offense on the victim and the victim's
family, and may include oral testimony, a victim impact statement that
identifies the victim of the offense and the extent and scope of the injury
and loss suffered by the victim and the victim's family, and any other
relevant information. The court may permit the attorney for the government to
amend the notice upon a showing of good cause.
"(b) HEARING BEFORE A COURT OR JURY.-If the attorney for the government
has filed a notice as required under subsection (a) and the defendant is
found guilty of or pleads guilty to an offense described in section 3591, the
judge who presided at the trial or before whom the guilty plea was entered,
or another judge if that judge is unavailable, shall conduct a separate
sentencing hearing to determine the punishment to be imposed. The hearing
shall be conducted-
"(1) before the jury that determined the defendant's guilt;
"(2) before a jury impaneled for the purpose of the hearing if-
"(A) the defendant was convicted upon a plea of guilty;
"(B) the defendant was convicted after a trial before the court sitting
without a jury;
"(C) the jury that determined the defendant's guilt was discharged for
good cause; or
"(D) after initial imposition of a sentence under this section,
reconsideration of the sentence under this section is necessary; or
"(3) before the court alone, upon the motion of the defendant and with the
approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a lesser
number.
"(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS.-Notwithstanding rule
32(c) of the Federal Rules of Criminal Procedure, when a defendant is found
guilty or pleads guilty to an offense under section 3591, no presentence
report shall be prepared. At the sentencing hearing, information may be
presented as to any matter relevant to the sentence, including any mitigating
or aggravating factor permitted or required to be considered under section
3592. Information presented may include the trial transcript and exhibits if
the hearing is held before a jury or judge not present during the trial, or
at the trial judge's discretion. The defendant may present any information
relevant to a mitigating factor. The government may present any information
relevant to an aggravating factor for which notice has been provided under
subsection (a). Information is admissible regardless of its admissibility
under the rules governing admission of evidence at criminal trials except
that information may be excluded if its probative value is outweighed by the
danger of creating unfair prejudice, confusing the issues, or misleading the
jury. The government and the defendant shall be permitted to rebut any
information received at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information to establish the
existence of any aggravating or mitigating factor, and as to the
appropriateness in the case of imposing a sentence of death. The government
shall open the argument. The defendant shall be permitted to reply. The
government shall then be permitted to reply in rebuttal. The burden of
establishing the existence of any aggravating factor is on the government,
and is not satisfied unless the existence of such a factor is established
beyond a reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.
"(d) RETURN OF SPECIAL FINDINGS.-The jury, or if there is no jury, the
court, shall consider all the information received during the hearing. It
shall return special findings identifying any aggravating factor or factors
set forth in section 3592 found to exist and any other aggravating factor for
which notice has been provided under subsection (a) found to exist. A finding
with respect to a mitigating factor may be made by 1 or more members of the
jury, and any member of the jury who finds the existence of a mitigating
factor may consider such factor established for purposes of this section
regardless of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must be
unanimous. If no aggravating factor set forth in section 3592 is found to
exist, the court shall impose a sentence other than death authorized by law.
"(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH.-If, in the case
of-
"(1) an offense described in section 3591(a)(1), an aggravating factor
required to be considered under section 3592(b) is found to exist;
"(2) an offense described in section 3591(a)(2), an aggravating factor
required to be considered under section 3592(c) is found to exist; or
"(3) an offense described in section 3591(b), an aggravating factor
required to be considered under section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all
the aggravating factor or factors found to exist sufficiently outweigh all
the mitigating factor or factors found to exist to justify a sentence of
death, or, in the absence of a mitigating factor, whether the aggravating
factor or factors alone are sufficient to justify a sentence of death. Based
upon this consideration, the jury by unanimous vote, or if there is no jury,
the court, shall recommend whether the defendant should be sentenced to
death, to life imprisonment without possibility of release or some other
lesser sentence.
"(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION.-In a hearing
held before a jury, the court, prior to the return of a finding under
subsection (e), shall instruct the jury that, in considering whether a
sentence of death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death unless it has
concluded that it would recommend a sentence of death for the crime in
question no matter what the race, color, religious beliefs, national origin,
or sex of the defendant or of any victim may be. The jury, upon return of a
finding under subsection (e), shall also return to the court a certificate,
signed by each juror, that consideration of the race, color, religious
beliefs, national origin, or sex of the defendant or any victim was not
involved in reaching his or her individual decision and that the individual
juror would have made the same recommendation regarding a sentence for the
crime in question no matter what the race, color, religious beliefs, national
origin, or sex of the defendant or any victim may be.
[pH8818]
"3594. Imposition of a sentence of death
"Upon a recommendation under section 3593(e) that the defendant should be
sentenced to death or life imprisonment without possibility of release, the
court shall sentence the defendant accordingly. Otherwise, the court shall
impose any lesser sentence that is authorized by law. Notwithstanding any
other law, if the maximum term of imprisonment for the offense is life
imprisonment, the court may impose a sentence of life imprisonment without
possibility of release.
"3595. Review of a sentence of death
"(a) APPEAL.-In a case in which a sentence of death is imposed, the
sentence shall be subject to review by the court of appeals upon appeal by
the defendant. Notice of appeal must be filed within the time specified for
the filing of a notice of appeal. An appeal under this section may be
consolidated with an appeal of the judgment of conviction and shall have
priority over all other cases.
"(b) REVIEW.-The court of appeals shall review the entire record in the
case, including-
"(1) the evidence submitted during the trial;
"(2) the information submitted during the sentencing hearing;
"(3) the procedures employed in the sentencing hearing; and
"(4) the special findings returned under section 3593(d).
"(c) DECISION AND DISPOSITION.-
"(1) The court of appeals shall address all substantive and procedural
issues raised on the appeal of a sentence of death, and shall consider
whether the sentence of death was imposed under the influence of passion,
prejudice, or any other arbitrary factor and whether the evidence supports
the special finding of the existence of an aggravating factor required to be
considered under section 3592.
"(2) Whenever the court of appeals finds that-
"(A) the sentence of death was imposed under the influence of passion,
prejudice, or any other arbitrary factor;
"(B) the admissible evidence and information adduced does not support the
special finding of the existence of the required aggravating factor; or
"(C) the proceedings involved any other legal error requiring reversal of
the sentence that was properly preserved for appeal under the rules of
criminal procedure,
the court shall remand the case for reconsideration under section 3593 or
imposition of a sentence other than death. The court of appeals shall not
reverse or vacate a sentence of death on account of any error which can be
harmless, including any erroneous special finding of an aggravating factor,
where the Government establishes beyond a reasonable doubt that the error was
harmless.
"(3) The court of appeals shall state in writing the reasons for its
disposition of an appeal of a sentence of death under this section.
"3596. Implementation of a sentence of death
"(a) IN GENERAL.-A person who has been sentenced to death pursuant to this
chapter shall be committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment of conviction and for
review of the sentence. When the sentence is to be implemented, the Attorney
General shall release the person sentenced to death to the custody of a
United States marshal, who shall supervise implementation of the sentence in
the manner prescribed by the law of the State in which the sentence is
imposed. If the law of the State does not provide for implementation of a
sentence of death, the court shall designate another State, the law of which
does provide for the implementation of a sentence of death, and the sentence
shall be implemented in the latter State in the manner prescribed by such
law.
"(b) PREGNANT WOMAN.-A sentence of death shall not be carried out upon a
woman while she is pregnant.
"(c) MENTAL CAPACITY.-A sentence of death shall not be carried out upon a
person who is mentally retarded. A sentence of death shall not be carried out
upon a person who, as a result of mental disability, lacks the mental
capacity to understand the death penalty and why it was imposed on that
person.
"3597. Use of State facilities
"(a) IN GENERAL.-A United States marshal charged with supervising the
implementation of a sentence of death may use appropriate State or local
facilities for the purpose, may use the services of an appropriate State or
local official or of a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the Attorney General.
"(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.-No employee of
any State department of corrections, the United States Department of Justice,
the Federal Bureau of Prisons, or the United States Marshals Service, and no
employee providing services to that department, bureau, or service under
contract shall be required, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any prosecution or
execution under this section if such participation is contrary to the moral
or religious convictions of the employee. In this subsection, `participation
in executions' includes personal preparation of the condemned individual and
the apparatus used for execution and supervision of the activities of other
personnel in carrying out such activities.
"3598. Special provisions for Indian country
"Notwithstanding sections 1152 and 1153, no person subject to the criminal
jurisdiction of an Indian tribal government shall be subject to a capital
sentence under this