H.R. 4092 (103rd): Violent Crime Control and Law Enforcement Act of 1994

103rd Congress, 1993–1994. Text as of Mar 18, 1994 (Introduced).

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HR 4092 IH

103d CONGRESS

2d Session

H. R. 4092

To control and prevent crime.

IN THE HOUSE OF REPRESENTATIVES

March 18, 1994

Mr. BROOKS (for himself, Mr. EDWARDS of California, Mr. HUGHES, and Mr. SCHUMER) introduced the following bill; which was referred jointly to the Committees on the Judiciary, Education and Labor, Energy and Commerce, Banking, Finance and Urban Affairs, and Government Operations


A BILL

To control and prevent crime.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

    This Act may be cited as the ‘Violent Crime Control and Law Enforcement Act of 1994’.

SEC. 2. TABLE OF TITLES.

    The following is the table of titles for this Act:

      TITLE I--VICTIMS OF CRIME

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

      TITLE III--ASSAULTS AGAINST CHILDREN

      TITLE IV--CONSUMER PROTECTION

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

      TITLE VI--VIOLENT REPEAT OFFENDER INCARCERATION

      TITLE VII--DEATH PENALTY

      TITLE VIII--HABEAS CORPUS REFORM

      TITLE IX--RACIALLY DISCRIMINATORY CAPITAL SENTENCING

      TITLE X--CRIME PREVENTION AND COMMUNITY JUSTICE

      TITLE XI--YOUTH VIOLENCE

      TITLE XII--CHILD SEXUAL ABUSE PREVENTION ACT OF 1994

      TITLE XIII--JACOB WETTERLING CRIMES AGAINST CHILDREN REGISTRATION ACT

      TITLE XIV--COMMUNITY POLICING

      TITLE XV--DNA IDENTIFICATION

      TITLE XVI--VIOLENCE AGAINST WOMEN

      TITLE XVII--HATE CRIMES SENTENCING ENHANCEMENT

      TITLE XVIII--USE OF FORMULA GRANTS TO PROSECUTE PERSONS DRIVING WHILE INTOXICATED

      TITLE XIX--YOUTH HANDGUN SAFETY

      TITLE XX--SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS

      TITLE XXI--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

      TITLE XXII--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

      TITLE XXIII--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

TITLE I--VICTIMS OF CRIME

Subtitle A--Victims of Crime

SEC. 101. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended by--

      (1) striking ‘and’ following the semicolon in subdivision (a)(1)(B);

      (2) striking the period at the end of subdivision (a)(1)(C) and inserting in lieu thereof ‘; and’;

      (3) inserting after subdivision (a)(1)(C) the following:

        ‘(D) if sentence is to be imposed for a crime of violence or sexual abuse, address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and to present any information in relation to the sentence.’;

      (4) in the second to last sentence of subdivision (a)(1), striking ‘equivalent opportunity’ and inserting in lieu thereof ‘opportunity equivalent to that of the defendant’s counsel’;

      (5) in the last sentence of subdivision (a)(1) inserting ‘the victim,’ before ‘or the attorney for the Government.’; and

      (6) adding at the end the following:

    ‘(f) DEFINITIONS- For purposes of this rule--

      ‘(1) ‘victim’ means any individual against whom an offense for which a sentence is to be imposed has been committed, but the right of allocution under subdivision (a)(1)(D) may be exercised instead by--

        ‘(A) a parent or legal guardian in case the victim is below the age of eighteen years or incompetent; or

        ‘(B) one or more family members or relatives designated by the court in case the victim is deceased or incapacitated;

      if such person or persons are present at the sentencing hearing, regardless of whether the victim is present; and

      ‘(2) ‘crime of violence or sexual abuse’ means a crime that involved the use or attempted or threatened use of physical force against the person or property of another, or a crime under chapter 109A of title 18, United States Code.’.

Subtitle B--Crime Victims’ Fund

SEC. 111. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

    (a) GENERALLY- Section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is amended by--

      (1) striking paragraph (2) and inserting the following:

      ‘(2) the next $10,000,000 deposited in the Fund shall be available for grants under section 1404A.’;

      (2) striking paragraph (3) and inserting the following:

      ‘(3) Of the remaining amount deposited in the Fund in a particular fiscal year--

        ‘(A) 48 percent shall be available for grants under section 1403;

        ‘(B) 48 percent shall be available for grants under section 1404(a); and

        ‘(C) 4 percent shall be available for grants under section 1404(c).’;

      (3) strike paragraph (4) and inserting the following:

      ‘(4) The Director may retain any portion of the Fund that was deposited during a fiscal year that is in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Such reserve may not exceed $20,000,000.’; and

      (4) striking paragraph (5).

    (b) CONFORMING CROSS REFERENCE- Section 1402(g)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1) is amended by striking reference to ‘(d)(2)(A)(iv)’ and inserting ‘(d)(2)’.

    (c) AMOUNTS AWARDED AND UNSPENT- Section 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(e)) is amended to read as follows:

    ‘(e) AMOUNTS AWARDED AND UNSPENT- Any sums awarded as part of a grant under this chapter that remain unspent at the end of a fiscal year in which such grant is made may be expended for the purposes for which such grant is made at any time during the next succeeding 2 fiscal years, at the end of which year any remaining unobligated funds shall be returned to the Fund.’.

SEC. 112. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL PROGRAMS.

    Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by adding at the end the following:

    ‘(e) Notwithstanding any other provision of law, if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay, then--

      ‘(1) such crime victim compensation program shall not pay that compensation; and

      ‘(2) the other program shall make its payments without regard to the existence of the crime victim compensation program.’.

SEC. 113. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

    (a) CREATION OF EXCEPTION- The final sentence of section 1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1)) is amended by striking ‘A grant’ and inserting ‘Except as provided in paragraph (3), a grant’.

    (b) REQUIREMENTS OF EXCEPTION- Section 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end the following new paragraph:

      ‘(3) Not more than 5 percent of a grant made under this section may be used for the administration of the State crime victim compensation program receiving the grant.’.

SEC. 114. GRANTS FOR DEMONSTRATION PROJECTS.

    Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting ‘demonstration projects and’ before ‘training’.

SEC. 115. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

    (a) CREATION OF EXCEPTION- Section 1404(b)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ‘An eligible’ and inserting ‘Except as provided in paragraph (3), an eligible’.

    (b) REQUIREMENTS OF EXCEPTION- Section 1404(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end the following new subsection:

      ‘(3) Not more than 5 percent of sums received under subsection (a) may be used for the administration of the State crime victim assistance program receiving such sums.’.

SEC. 116. MAINTENANCE OF EFFORT.

    Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is amended by adding at the end the following new subsection:

    ‘(h) Each entity receiving sums made available under this Act for administrative purposes shall certify that such sums will not be used to supplant State or local funds, but will be used to increase the amount of such funds that would, in the absence of Federal funds, be made available for these purposes.’.

SEC. 117. CHANGE OF DUE DATE FOR REQUIRED REPORT.

    Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(g)) is amended by striking ‘and on December 31 every two years thereafter’, and inserting ‘and on June 30 every two years thereafter.’.

Subtitle C--Report on Battered Women’s Syndrome

SEC. 121. 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 a criminal trial.

    (b) COMPONENTS OF THE REPORT- The report described in 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 and Federal court cases in which evidence of battered women’s syndrome was offered in criminal trials; and

      (3) an assessment by State and Federal judges, prosecutors, and defense attorneys of the effects that evidence of battered women’s syndrome may have in criminal trials.

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

SEC. 201. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES.

    (a) IN GENERAL- Section 3553 of title 18, United States Code, is amended by adding at the end the following:

    ‘(f) LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS IN CERTAIN CASES- Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act or section 1010 or 1013 of the Controlled Substances Import and Export Act, the court shall impose a sentence pursuant to guidelines established by the United States Sentencing Commission, without regard to any statutory minimum sentence, if the court finds at sentencing that--

      ‘(1) the defendant does not have more than 1 criminal history point under the United States Sentencing Commission Guidelines Manual;

      ‘(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;

      ‘(3) the offense did not result in death or serious bodily injury to any person;

      ‘(4) the defendant was not an organizer, leader, manager, or supervisor of others (as determined under the United States Sentencing Commission Guidelines Manual) in the offense; and

      ‘(5) no later than the time of the sentencing hearing, the defendant has provided to the Government all information the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan. The fact that the defendant has no relevant or useful other information to provide shall not preclude or require a determination by the court that the defendant has complied with this requirement.’.

    (b) SENTENCING COMMISSION AUTHORITY-

      (1) IN GENERAL- The United States Sentencing Commission (hereinafter in this section referred to as the ‘Commission’) may--

        (A) make such amendments as the Commission deems necessary to harmonize the sentencing guidelines and policy statements with this section and the amendment made by this section; and

        (B) promulgate policy statements to assist in the application of this section and that amendment.

      (2) PROCEDURES- If the Commission determines it is necessary to do so in order that the amendments made under paragraph (1) may take effect on the effective date of the amendment made by subsection (a), the Commission may promulgate the amendments made under paragraph (1) in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired.

    (c) EFFECTIVE DATE AND APPLICATION- The amendment made by subsection (a) shall apply to all sentences imposed on or after the 10th day beginning after the date of the enactment of this Act.

SEC. 202. DIRECTION TO SENTENCING COMMISSION.

    The United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines with respect to cases where statutory minimum sentences would apply but for section 3553(f) of title 18, United States Code, to carry out the purposes of such section, so that the lowest sentence in the guideline range is not less than 2 years in those cases where a 5-year minimum would otherwise apply.

SEC. 203. SPECIAL RULE.

    For the purpose of section 3582(c)(2) of title 18, United States Code, with respect to a prisoner the court determines has demonstrated good behavior while in prison, the changes in sentencing made as a result of this Act shall be deemed to be changes in the sentencing ranges by the Sentencing Commission pursuant to section 994(o) of title 28, United States Code.

TITLE III--ASSAULTS AGAINST CHILDREN

SEC. 301. ASSAULTS AGAINST CHILDREN.

    (a) SIMPLE ASSAULT- Section 113(e) of title 18, United States Code, is amended by striking ‘by fine’ and all that follows through the period and inserting ‘--

      ‘(A) if the victim of the assault is an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than one year, or both; and

      ‘(B) by a fine under this title or imprisonment for not more than three months, or both, in any other case.’.

    (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY INJURY- Section 113 of title 18, United States Code, is amended by adding at the end the following:

      ‘(7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both.’.

    (c) TECHNICAL AND STYLISTIC CHANGES TO SECTION 113- Section 113 of title 18, United States Code, is amended--

      (1) in paragraph (b), by striking ‘of not more than $3,000’ and inserting ‘under this title’;

      (2) in paragraph (c), by striking ‘of not more than $1,000’ and inserting ‘under this title’;

      (3) in paragraph (d), by striking ‘of not more than $500’ and inserting ‘under this title’;

      (4) in paragraph (e), by striking ‘of not more than $300’ and inserting ‘under this title’;

      (5) by modifying the left margin of each of paragraphs (a) through (f) so that they are indented 2 ems;

      (6) by redesignating paragraphs (a) through (f) as paragraphs (1) through (6); and

      (7) by inserting ‘(a)’ before ‘Whoever’.

    (d) DEFINITIONS- Section 113 of title 18, United States Code, is amended by adding at the end the following:

    ‘(b) As used in this subsection--

      ‘(1) the term ‘substantial bodily injury’ means bodily injury which involves--

        ‘(A) a temporary but substantial disfigurement; or

        ‘(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty; and

      ‘(2) the term ‘serious bodily injury’ has the meaning given that term in section 1365 of this title.’.

    (e) ASSAULTS IN INDIAN COUNTRY- Section 1153(a) of title 18, United States Code, is amended by inserting ‘(as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years’ after ‘serious bodily injury’.

TITLE IV--CONSUMER PROTECTION

SEC. 401. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.

    (a) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by adding at the end thereof the following new sections:

‘1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce

    ‘(a)(1) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security--

      ‘(A) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such person, and

      ‘(B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner,

    shall be punished as provided in paragraph (2).

    ‘(2) The punishment for an offense under paragraph (1) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court.

    ‘(b)(1) Whoever--

      ‘(A) acting as, or being an officer, director, agent, or employee of, any person engaged in the business of insurance whose activities affect interstate commerce, or

      ‘(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

    willfully embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph (2).

    ‘(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever violates paragraph (1) shall be fined as provided in this title or imprisoned not more than one year, or both.

    ‘(c)(1) Whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such person engaged in the business of insurance with intent to deceive any person, including any officer, employee, or agent of such person engaged in the business of insurance, any insurance regulatory official or agency, or any agent or examiner appointed by such official or agency to examine the affairs of such person, about the financial condition or solvency of such business shall be punished as provided in paragraph (2).

    ‘(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if the false entry in any book, report, or statement of such person jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years.

    ‘(d) Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate commerce is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be fined as provided in this title or imprisoned not more than 10 years, or both.

    ‘(e)(1)(A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate commerce or participates in such business, shall be fined as provided in this title or imprisoned not more than 5 years, or both.

    ‘(B) Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who willfully permits the participation described in subparagraph (A) shall be fined as provided in this title or imprisoned not more than 5 years, or both.

    ‘(2) A person described in paragraph (1)(A) may engage in the business of insurance or participate in such business if such person has the written consent of any insurance regulatory official authorized to regulate the insurer, which consent specifically refers to this subsection.

    ‘(f) As used in this section--

      ‘(1) the term ‘business of insurance’ means--

        ‘(A) the writing of insurance, or

        ‘(B) the reinsuring of risks,

      by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons;

      ‘(2) the term ‘insurer’ means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business;

      ‘(3) the term ‘interstate commerce’ means--

        ‘(A) commerce within the District of Columbia, or any territory or possession of the United States;

        ‘(B) all commerce between any point in the State, territory, possession, or the District of Columbia and any point outside thereof;

        ‘(C) all commerce between points within the same State through any place outside such State; or

        ‘(D) all other commerce over which the United States has jurisdiction; and

      ‘(4) the term ‘State’ includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

‘1034. Civil penalties and injunctions for violations of section 1033

    ‘(a) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 1033 and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. If the offense has contributed to the decision of a court of appropriate jurisdiction to issue an order directing the conservation, rehabilitation, or liquidation of an insurer, such penalty shall be remitted to the appropriate regulatory official for the benefit of the policyholders, claimants, and creditors of such insurer. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

    ‘(b) If the Attorney General has reason to believe that a person is engaged in conduct constituting an offense under section 1033, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.’.

    (b) CLERICAL AMENDMENT- The table of sections for chapter 47 of such title is amended by adding at the end the following new items:

      ‘1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.

      ‘1034. Civil penalties and injunctions for violations of section 1033.’.

SEC. 402. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    (a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS- Section 1515(a)(1) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of subparagraph (B);

      (2) by inserting ‘or’ at the end of subparagraph (C); and

      (3) by adding at the end thereof the following new subparagraph:

        ‘(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce; or’.

    (b) LIMITATIONS- Section 3293 of such title is amended by inserting ‘1033,’ after ‘1014,’.

    (c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS- Section 1510 of title 18, United States Code, is amended by adding at the end the following new subsection:

    ‘(d)(1) Whoever--

      ‘(A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or

      ‘(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

    with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both.

    ‘(2) As used in paragraph (1), the term ‘subpoena for records’ means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.’.

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

SEC. 501. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES.

    Section 3559 of title 18, United States Code, is amended--

      (1) in subsection (b), by striking ‘An’ and inserting ‘Except as provided in subsection (c), an’ in lieu thereof; and

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

    ‘(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS-

      ‘(1) MANDATORY LIFE IMPRISONMENT- Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if--

        ‘(A) the person has been convicted (and those convictions have become final) on 2 or more prior occasions in a court of the United States or of a State of--

          ‘(i) a serious violent felony; or

          ‘(ii) one or more serious violent felonies and one or more serious drug offenses; and

        ‘(B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant’s conviction of the preceding serious violent felony or serious drug offense.

      ‘(2) DEFINITIONS- For purposes of this subsection--

        ‘(A) the term ‘assault with intent to commit rape’ means an offense that has as its elements engaging in physical conduct by which a person intentionally places another person in fear of aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of this title);

        ‘(B) the term ‘arson’ means an offense that has as its elements maliciously damaging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive;

        ‘(C) the term ‘extortion’ means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person;

        ‘(D) the term ‘firearms use’ means an offense that has as its elements those described in section 924(c) or 929(a) of this title, if the firearm was brandished, discharged, or otherwise used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was used was subject to prosecution in a court of the United States or a court of a State, or both;

        ‘(E) the term ‘kidnapping’ means an offense that has as its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force;

        ‘(F) the term ‘serious violent felony’ means--

          ‘(i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111 of this title); manslaughter other than involuntary manslaughter (as described in section 1112 of this title); assault with intent to commit murder (as described in section 113(a) of this title); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242 of this title); abusive sexual contact (as described in sections 2244 (a)(1) and (a)(2) of this title); kidnapping; aircraft piracy (as described in section 902(i)(2) or 902(n)(2) of the Federal Aviation Act of 1958); robbery (as described in section 2111 of this title); carjacking (as described in section 2119 of this title); extortion; arson; firearms use; or attempt, conspiracy, or solicitation to commit any of the above offenses; or

          ‘(ii) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense;

        ‘(G) the term ‘State’ means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and

        ‘(H) the term ‘serious drug offense’ means--

          ‘(i) an offense subject to a penalty provided for in section 401(b)(1)(A) or 408 of the Controlled Substances Act or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act; or

          ‘(ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been subject to a penalty provided for in section 401(b)(1)(A) or 408 of the Controlled Substances Act or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act.

      ‘(3) NONQUALIFYING FELONIES-

        ‘(A) ROBBERY IN CERTAIN CASES- Robbery, an attempt, conspiracy, or solicitation to commit robbery; or an offense described in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that--

          ‘(i) no firearm or other dangerous weapon was involved in the offense; and

          ‘(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person.

        ‘(B) ARSON IN CERTAIN CASES- Arson shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that-

          ‘(i) the offense posed no threat to human life; and

          ‘(ii) the defendant reasonably believed the offense posed no threat to human life.

      ‘(4) INFORMATION FILED BY UNITED STATES ATTORNEY- The provisions of section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence under this subsection.

      ‘(5) RULE OF CONSTRUCTION- This subsection shall not be construed to preclude imposition of the death penalty.

      ‘(6) SPECIAL PROVISION FOR INDIAN COUNTRY- No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for which Federal jurisdiction is solely predicated on Indian country as defined in section 1151 of this title and which occurs within the boundaries of such Indian country unless the governing body of the tribe has elected that this subsection have effect over land and persons subject to the criminal jurisdiction of the tribe.

      ‘(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION- If the conviction for a serious violent felony which was a basis for sentencing under this subsection is found, pursuant to any appropriate State or Federal procedure, to be unconstitutional or is vitiated on the explicit basis of innocence, or if the convicted person is pardoned on the explicit basis of innocence, the person serving a sentence imposed under this subsection shall be resentenced to any sentence that was available at the time of the original sentencing.’.

SEC. 502. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended--

      (1) so that the margin of the matter starting with ‘extraordinary’ and ending with ‘reduction’ the first place it appears is indented an additional 2-ems;

      (2) by inserting a one-em dash after ‘that’ the second place it appears;

      (3) by inserting a semicolon after ‘reduction’ the first place it appears;

      (4) by indenting the first line of the matter referred to in paragraph (1) and designating that matter as clause (i); and

      (5) by inserting after such matter the following:

          ‘(ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c) of this title, for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g) of this title;’.

TITLE VI--VIOLENT REPEAT OFFENDER INCARCERATION

SEC. 601. GRANTS FOR CORRECTIONAL FACILITIES.

    (a) GRANT AUTHORIZATION- The Attorney General may make grants to individual States and to States, organized as multi-State compacts, to develop, expand, modify, or improve correctional facilities and programs to ensure that prison cell space is available for the confinement of violent repeat offenders.

    (b) ELIGIBILITY- To be eligible to receive a grant under this title 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 that are designed to provide sufficiently severe punishment for violent repeat offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent repeat 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 title will be used to develop, expand, modify, or improve correctional facilities and programs to ensure that prison cell space is available for the confinement of violent repeat 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 diversional programs, particularly drug diversion programs, community corrections programs, a prisoner screening and security classification system, 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, a pre-release prisoner assessment to provide risk reduction management, post-release assistance, and an assessment of recidivism rates;

      (5) assurances that the State or States have involved counties and other units of local government, when appropriate, in the development, expansion, modification, or improvement of correctional facilities and programs designed to ensure the incarceration of violent offenders;

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

      (7) documentation of the multi-State compact agreement that specifies the development, expansion, modification, or improvement of correctional facilities and programs.

    (c) MATCHING REQUIREMENT- The Federal share of a grant received under this title may not exceed 75 percent of the costs of a proposal described in an application approved under this title.

SEC. 602. RULES AND REGULATIONS.

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

SEC. 603. 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 title to achieve the purposes of this title.

SEC. 604. 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 title.

SEC. 605. DEFINITION.

    For purposes of this title, the term ‘State or States’ means any State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $600,000,000 for each of the fiscal years 1994 through 1998 to carry out the purposes of this title.

TITLE VII--DEATH PENALTY

SEC. 701. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH.

    Part II of title 18 of the United States Code is amended by adding the following new chapter after chapter 227:

‘CHAPTER 228--DEATH SENTENCE

      ‘Sec.

      ‘3591. Sentence of death.

      ‘3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified.

      ‘3593. Special hearing to determine whether a sentence of death is justified.

      ‘3594. Imposition of a sentence of death.

      ‘3595. Review of a sentence of death.

      ‘3596. Implementation of a sentence of death.

      ‘3597. Use of State facilities.

      ‘3598. Special provisions for Indian country.

‘Sec. 3591. Sentence of death

    ‘A defendant who has been found guilty of--

      ‘(1) an offense described in section 794 or section 2381 of this title;

      ‘(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,

      ‘(3) 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) of that section or twice the gross receipts described in subsection (b)(2)(B) of that section; or

      ‘(4) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under that section, where the defendant is a principal administrator, organizer, or leader of such an enterprise, and the defendant, in order to obstruct the investigation or prosecution of the enterprise or an offense involved in the enterprise, attempts to kill or knowingly directs, advises, authorizes, or assists another to attempt to kill any public officer, juror, witness, or members of the family or household of such a person;

    shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.

‘Sec. 3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified

    ‘(a) MITIGATING FACTORS- In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following:

      ‘(1) IMPAIRED CAPACITY- The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.

      ‘(2) DURESS- The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.

      ‘(3) MINOR PARTICIPATION- The defendant is punishable as a principal (as defined in section 2 of title 18 of the United States Code) 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(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(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 (kidnapping), 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 902 (i) or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or (n)) (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) of this title, as amended by this Act, the defendant has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year, involving the use or attempted or threatened use of a firearm, as defined in section 921 of this title, 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 two or more Federal or State offenses, punishable by a term of imprisonment of more than one 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 one 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 two 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 title 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 and that violation involved the distribution of drugs to persons under the age of 21 in violation of section 418 of such Act.

      ‘(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) of this title, 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.

‘Sec. 3593. Special hearing to determine whether a sentence of death is justified

    ‘(a) NOTICE BY THE GOVERNMENT- If, in a case involving an offense described in section 3591, the attorney for the government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, the attorney shall, a reasonable time before the trial or before acceptance by the court of a plea of guilty, sign and file with the court, and serve on the defendant, a notice--

      ‘(1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and

      ‘(2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death.

    The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim’s family, and may include oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim’s family, and any other relevant information. The court may permit the notice to include any aggravating factor that is not an element of the underlying offense. The court may also 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.

    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. 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). 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(1), an aggravating factor required to be considered under section 3592(b) is found to exist; or

      ‘(2) an offense described in section 3591(2), an aggravating factor required to be considered under section 3592(c) 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 to some other lesser sentence. The jury or the court, if there is no jury, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence and the jury shall be so instructed.

    ‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION- In a hearing held before a jury, the court, prior to the return of a finding under subsection (e), shall instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or of any victim may be. The jury, upon return of a finding under subsection (e), shall also return to the court a certificate, signed by each juror, that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or any victim was not involved in reaching his or her individual decision and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or any victim may be.

‘Sec. 3594. Imposition of a sentence of death

    ‘Upon a recommendation under section 3593(e) that the defendant should be sentenced to death or life imprisonment without possibility of release, the court shall sentence the defendant accordingly. Otherwise, the court shall impose any lesser sentence that is authorized by law. Notwithstanding any other provision of law, if the maximum term of imprisonment for the offense is life imprisonment, the court may impose a sentence of life imprisonment without possibility of release.

‘Sec. 3595. Review of a sentence of death

    ‘(a) APPEAL- In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases.

    ‘(b) REVIEW- The court of appeals shall review the entire record in the case, including--

      ‘(1) the evidence submitted during the trial;

      ‘(2) the information submitted during the sentencing hearing;

      ‘(3) the procedures employed in the sentencing hearing; and

      ‘(4) the special findings returned under section 3593(d).

    ‘(c) DECISION AND DISPOSITION-

      ‘(1) The court of appeals shall address all substantive and procedural issues raised on the appeal of a sentence of death, and shall consider whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592.

      ‘(2) Whenever the court of appeals finds that--

        ‘(A) the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;

        ‘(B) the admissible evidence and information adduced does not support the special finding of the existence of the required aggravating factor; or

        ‘(C) the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for appeal under the rules of criminal procedure,

      the court shall remand the case for reconsideration under section 3593 or imposition of a sentence other than death.

      ‘(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.

      ‘(4) The sentence shall be affirmed if the court finds that a remaining aggravating factor found to exist is one allowed under section 3592 of this title and that the remaining aggravating factor or factors found to exist sufficiently outweigh any mitigating factors found to exist.

‘Sec. 3596. Implementation of a sentence of death

    ‘(a) IN GENERAL- A person who has been sentenced to death pursuant to the provisions of 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 such State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law.

    ‘(b) PREGNANT WOMAN- A sentence of death shall not be carried out upon a woman while she is pregnant.

    ‘(c) MENTAL CAPACITY- A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person.

‘Sec. 3597. Use of State facilities

    ‘(a) IN GENERAL- A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General.

    ‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS- No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term ‘participation’ includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.

‘Sec. 3598. Special provisions for Indian country

    ‘Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence under this chapter for any offense the Federal jurisdiction for which is predicated solely on Indian country as defined in section 1151 of this title, and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that this chapter have effect over land and persons subject to its criminal jurisdiction.’.

    (b) AMENDMENT OF CHAPTER ANALYSIS- The chapter analysis of part II of title 18, United States Code, is amended by adding the following new item after the item relating to chapter 227:

3591.’.

SEC. 702. CONFORMING CHANGES TO SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.

    (a) CONFORMING CHANGES IN TITLE 18- Title 18, United States Code, is amended as follows:

      (1) ESPIONAGE- Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the subsection and inserting ‘, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.’.

      (2) MURDER- The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows:

    ‘Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;’.

      (3) KILLING OF FOREIGN OFFICIALS OR INTERNATIONALLY PROTECTED PERSONS- Section 1116(a) of title 18, United States Code, is amended by striking ‘any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and’.

      (4) KIDNAPPING- Section 1201(a) of title 18, United States Code, is amended by inserting after ‘or for life’ the following: ‘and, if the death of any person results, shall be punished by death or life imprisonment’.

      (5) NONMAILABLE INJURIOUS ARTICLES- The last paragraph of section 1716 of title 18, United States Code, is amended by striking the comma after ‘imprisonment for life’ and inserting a period and striking the remainder of the paragraph.

      (6) WRECKING TRAINS- The second to the last undesignated paragraph of section 1992 of title 18, United States Code, is amended by striking the comma after ‘imprisonment for life’ and inserting a period and striking the remainder of the section.

      (7) BANK ROBBERY- Section 2113(e) of title 18, United States Code, is amended by striking ‘or punished by death if the verdict of the jury shall so direct’ and inserting ‘or if death results shall be punished by death or life imprisonment’.

      (8) EXPLOSIVE MATERIALS- (A) Section 844(d) of title 18, United States Code, is amended by striking ‘as provided in section 34 of this title’.

      (B) Section 844(f) of title 18, United States Code, is amended by striking ‘as provided in section 34 of this title’.

      (C) Section 844(i) of title 18, United States Code, is amended by striking ‘as provided in section 34 of this title’.

      (9) DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICIALS- Section 1114 of title 18, United States Code, is amended by striking ‘punished as provided under sections 1111 and 1112 of this title,’ and inserting ‘punished, in the case of murder, by a sentence of death or life imprisonment as provided under section 1111 of this title, or, in the case of manslaughter, a sentence as provided under section 1112 of this title,’.

    (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954- Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by striking subsection (c) and by striking the item relating to subsection (c) in the table of contents at the beginning of such Act.

    (c) AIRCRAFT AND MOTOR VEHICLES- Section 34 of title 18, United States Code, is amended by striking the comma after ‘imprisonment for life’ and inserting a period and striking the remainder of the section.

SEC. 703. AUTHORIZATION OF DEATH PENALTY FOR EXISTING OFFENSES.

    (a) HOSTAGE TAKING- Section 1203(a) of title 18, United States Code, is amended by inserting after ‘or for life’ the following: ‘and, if the death of any person results, shall be punished by death or life imprisonment’.

    (b) MURDER FOR HIRE- Section 1958(a) of title 18, United States Code, is amended by striking ‘and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both’ and inserting ‘and if death results, shall be punished by death or life imprisonment, or shall be fined under this title, or both’.

    (c) RACKETEERING- Section 1959(a)(1) of title 18, United States Code, is amended to read as follows:

      ‘(1) for murder, by death or life imprisonment, or a fine under this title, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine under this title, or both;’.

    (d) GENOCIDE- Section 1091(b)(1) of title 18, United States Code, is amended by striking ‘, a fine of not more than $1,000,000 and imprisonment for life;’ and inserting ‘, where death results, by death or imprisonment for life and a fine under this title, or both;’.

    (e) CARJACKING- Section 2119(3) of title 18, United States Code, is amended to read as follows:

      ‘(3) if death results, be punished by death or imprisoned for any term of years or for life, fined under this title, or both.’

    (f) DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS-

      (1) OFFENSE- Chapter 109A of title 18, United States Code, is amended by redesignating section 2245 as section 2246, and by inserting after section 2244 the following:

‘Sec. 2245. Sexual abuse resulting in death

    ‘Whoever, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.’.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 109A of title 18, United States Code, is amended by striking the item for section 2245 and adding the following:

      ‘2245. Sexual abuse resulting in death.

      ‘2246. Definitions for chapter.’.

    (g) DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN- Section 2251(d) of title 18, United States Code, is amended by adding at the end the following: ‘Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.’.

    (h) HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN FEDERAL FACILITIES- Section 930 of title 18, United States Code, is amended--

      (1) by redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively;

      (2) in subsection (a), by striking ‘(c)’ and inserting ‘(d)’;

      (3) inserting after subsection (b) the following:

    ‘(c) Whoever kills or attempts to kill any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113 of this title.’;

      (4) in subsection (e)(2) (as so redesignated), by striking ‘(c)’ and inserting ‘(d)’; and

      (5) in subsection (h) (as so redesignated)--

        (A) by striking ‘and (b)’ and inserting ‘, (b), and (c)’; and

        (B) by striking ‘(d)’ each place it appears and inserting ‘(e)’.

    (i) DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES- Section 1512(a)(2)(A) of title 18, United States Code, is amended to read as follows:

      ‘(A) in the case of murder as defined in section 1111 of this title, the death penalty or imprisonment for life, and in the case of any other killing, the punishment provided in section 1112 of this title; and’.

    (j) PROTECTION OF COURT OFFICERS AND JURORS- Section 1503 of title 18, United States Code, is amended--

      (1) by designating the current text as subsection (a);

      (2) by striking ‘fined not more than $5,000 or imprisoned not more than five years, or both.’ and inserting ‘punished as provided in subsection (b).’;

      (3) by adding at the end the following:

    ‘(b) The punishment for an offense under this section is--

      ‘(1) in the case of a killing, the punishment provided in sections 1111 and 1112 of this title;

      ‘(2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than twenty years, a fine under this title, or both; and

      ‘(3) in any other case, imprisonment for not more than ten years, a fine under this title, or both.’; and

      (4) in subsection (a), as so designated by this section, by striking ‘commissioner’ each place it appears and inserting ‘magistrate judge’.

    (k) FOREIGN MURDER OF UNITED STATES NATIONALS-

      (1) IN GENERAL- Chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following new section:

‘Sec. 1118. Foreign murder of United States nationals

    ‘(a) Whoever, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113 of this title.

    ‘(b) No prosecution may be instituted against any person under this section except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.

    ‘(c) No prosecution shall be approved under this section unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person’s return. A determination by the Attorney General under this subsection is not subject to judicial review.

    ‘(d) As used in this section, the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’.

      (2) CONFORMING AMENDMENT- Section 1117 of title 18, United States Code, is amended by striking ‘or 1116’ and inserting ‘1116, or 1118’.

      (3) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘1118. Foreign murder of United States nationals.’.

    (l) DEATH PENALTY FOR CIVIL RIGHTS MURDERS-

      (1) CONSPIRACY AGAINST RIGHTS- Section 241 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting ‘, or may be sentenced to death.’.

      (2) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW- Section 242 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting ‘, or may be sentenced to death.’.

      (3) FEDERALLY PROTECTED ACTIVITIES- Section 245(b) of title 18, United States Code, is amended in the matter following paragraph (5) by inserting ‘, or may be sentenced to death’ after ‘or for life’.

      (4) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS- Section 247(c)(1) of title 18, United States Code, is amended by inserting ‘, or may be sentenced to death’ after ‘or both’.

SEC. 704. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 1119. Murder by a Federal prisoner

    ‘(a) OFFENSE- Whoever, while confined in a Federal correctional institution under a sentence for a term of life imprisonment, commits the murder of another shall be punished by death or by life imprisonment.

    ‘(b) DEFINITIONS- For the purposes of this section--

      ‘(1) the term ‘Federal correctional institution’ means any Federal prison, Federal correctional facility, Federal community program center, or Federal halfway house;

      ‘(2) the term ‘term of life imprisonment’ means a sentence for the term of natural life, a sentence commuted to natural life, an indeterminate term of a minimum of at least fifteen years and a maximum of life, or an unexecuted sentence of death; and

      ‘(3) the term ‘murder’ means a first degree or second degree murder as defined by section 1111 of this title.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following:

      ‘1119. Murder by a Federal prisoner.’.

SEC. 705. MURDER BY ESCAPED PRISONERS.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 1120. Murder by escaped prisoners

    ‘(a) IN GENERAL- Whoever, having escaped from a Federal prison where such person was confined under a sentence for a term of life imprisonment, kills another shall be punished as provided in sections 1111 and 1112 of this title.

    ‘(b) DEFINITION- As used in this section, the terms ‘Federal prison’ and ‘term of life imprisonment’ have the meanings given those terms in section 1119 of this title.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following:

      ‘1120. Murder by escaped prisoners.’.

SEC. 706. DRIVE-BY SHOOTINGS.

    (a) IN GENERAL- Section 922 of title 18, United States, Code, is amended by adding at the end the following:

    ‘(v) It shall be unlawful for any person knowingly to--

      ‘(1) discharge a firearm from within a motor vehicle; and

      ‘(2) thereby create a grave risk to human life.’.

    (b) PENALTY- Section 924(a) of such title is amended by adding at the end the following:

    ‘(6) Whoever knowingly violates section 922(v) shall be fined under this title or imprisoned not more than 25 years, or both, and if death results, shall be punished by death or imprisonment for life or any term of years.’.

SEC. 707. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES.

    Section 924 of title 18, United States Code, is amended by adding at the end the following:

    ‘(j) Whoever, in the course of a violation of subsection (c) of this section, causes the death of a person through the use of a firearm, shall--

      ‘(1) if the killing is a murder as defined in section 1111 of this title, be punished by death or by imprisonment for any term of years or for life; and

      ‘(2) if the killing is manslaughter as defined in section 1112 of this title, be punished as provided in that section.’.

SEC. 708. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE CORRECTIONAL OFFICERS.

    (a) IN GENERAL- Chapter 51 of title 18, United States Code is amended by adding at the end the following:

‘ 1121. Killing persons aiding Federal investigations or State correctional officers

    ‘(a) Whoever intentionally kills--

      ‘(1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation--

        ‘(A) while the victim is engaged in the performance of official duties;

        ‘(B) because of the performance of the victim’s official duties; or

        ‘(C) because of the victim’s status as a public servant; or

      ‘(2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it,

    shall be sentenced according to the terms of section 1111 of this title, including by sentence of death or by imprisonment for life.

    ‘(b)(1) Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcerated, intentionally kills any State correctional officer engaged in, or on account of the performance of such officer’s official duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sentenced to life imprisonment or death.

    ‘(2) As used in this section, the term, ‘State correctional officer’ includes any officer or employee of any prison, jail, or other detention facility, operated by, or under contract to, either a State or local governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals.

    ‘(3) The circumstance referred to in paragraph (1) of this subsection is that--

      ‘(A) the correctional officer is engaged in transporting the incarcerated person interstate; or

      ‘(B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following:

      ‘1121. Killing persons aiding Federal investigations or State correctional officers.’.

SEC. 709. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--

      (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and

      (2) by inserting after the section heading a new subsection (a) as follows:

    ‘(a)(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for--

      ‘(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

      ‘(B) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole or release pending judicial proceedings given by a person to a law enforcement officer;

    shall be punished as provided in paragraph (2).

    ‘(2) The punishment for an offense under this subsection is--

      ‘(A) in the case of a killing, the punishment provided in sections 1111 and 1112 of this title; and

      ‘(B) in the case of an attempt, imprisonment for not more than twenty years, a fine under this title, or both.’.

SEC. 710. WEAPONS OF MASS DESTRUCTION.

    (a) OFFENSE- Chapter 113A of title 18, United States Code, is amended by inserting after section 2332 the following new section:

‘Sec. 2332a. Use of weapons of mass destruction

    ‘(a) Whoever uses, or attempts or conspires to use, a weapon of mass destruction--

      ‘(1) against a national of the United States while such national is outside of the United States;

      ‘(2) against any person within the United States; or

      ‘(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States;

    shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.

    ‘(b) For purposes of this section--

      ‘(1) the term ‘national of the United States’ has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and

      ‘(2) the term ‘weapon of mass destruction’ means--

        ‘(A) any destructive device as defined in section 921 of this title;

        ‘(B) poison gas;

        ‘(C) any weapon involving a disease organism; or

        ‘(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 113A of title 18, United States Code, is amended by inserting after the item relating to section 2332 the following:

      ‘2332a. Use of weapons of mass destruction.’.

SEC. 711. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

    (a) OFFENSE- Chapter 2 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 36. Violence at international airports

    ‘(a) Whoever unlawfully and intentionally, using any device, substance or weapon--

      ‘(1) performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or

      ‘(2) destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport;

    if such an act endangers or is likely to endanger safety at that airport, or attempts to do such an act, shall be fined under this title or imprisoned not more than twenty years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

    ‘(b) There is jurisdiction over the prohibited activity in subsection (a) if--

      ‘(1) the prohibited activity takes place in the United States; or

      ‘(2) the prohibited activity takes place outside of the United States and the offender is later found in the United States.

    ‘(c) It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved--

      ‘(1) a domestic dispute solely affecting and between members of the same family or household or between social acquaintances; or

      ‘(2) was during or in relation to a labor dispute, and such conduct was prohibited as a felony under the law of the State in which it was committed.

    For purposes of this section, the term ‘labor dispute’ has the meaning set forth in section 2(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following:

      ‘36. Violence at international airports.’.

    (c) EFFECTIVE DATE- This section shall take effect on the later of--

      (1) the date of the enactment of this Act; or

      (2) the date the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971, has come into force and the United States has become a party to the Protocol.

SEC. 712. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED PLATFORMS.

    (a) OFFENSES- Chapter 111 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 2280. Violence against maritime navigation

    ‘(a) Whoever unlawfully and intentionally--

      ‘(1) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;

      ‘(2) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;

      ‘(3) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;

      ‘(4) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;

      ‘(5) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship;

      ‘(6) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship;

      ‘(7) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in paragraphs (1) through (6); or

      ‘(8) attempts to do any act prohibited under paragraphs (1) through (7);

    shall be fined under this title or imprisoned not more than twenty years, or both; and if the death of any person results, from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

    ‘(b) Whoever threatens to do any act prohibited under paragraph (2), (3) or (5) of subsection (a), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safe navigation of the ship in question, shall be fined under this title or imprisoned not more than five years, or both.

    ‘(c) There is jurisdiction over the prohibited activity in subsections (a) and (b)--

      ‘(1) in the case of a covered ship, if--

        ‘(A) such activity is committed--

          ‘(i) against or on board a ship flying the flag of the United States at the time the prohibited activity is committed;

          ‘(ii) in the United States and the activity is not prohibited as a crime by the State in which the activity takes place; or

          ‘(iii) the activity takes place on a ship flying the flag of a foreign country or outside the United States, by a national of the United States or by a stateless person whose habitual residence is in the United States;

        ‘(B) during the commission of such activity, a national of the United States is seized, threatened, injured or killed; or

        ‘(C) the offender is later found in the United States after such activity is committed;

      ‘(2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; and

      ‘(3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act.

    ‘(d) It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved--

      ‘(1) a domestic dispute solely affecting and between members of the same family or household or between social acquaintances; or

      ‘(2) was during or in relation to a labor dispute, and such conduct was prohibited as a felony under the law of the State in which it was committed.

    For purposes of this section, the term ‘labor dispute’ has the meaning set forth in section 2(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).

    ‘(e) The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation may deliver such person to the authorities of a State Party to that Convention. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a State Party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master’s intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master’s possession that pertains to the alleged offense.

    ‘(f) As used in this section, the term--

      ‘(1) the term ‘ship’ means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles or any other floating craft; but such term does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up;

      ‘(2) the term ‘covered ship’ means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country;

      ‘(3) the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

      ‘(4) the term ‘territorial sea of the United States’ means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law; and

      ‘(5) the term ‘United States’, when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas Islands and all territories and possessions of the United States.

‘Sec. 2281. Violence against maritime fixed platforms

    ‘(a) Whoever unlawfully and intentionally--

      ‘(1) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation;

      ‘(2) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety;

      ‘(3) destroys a fixed platform or causes damage to it which is likely to endanger its safety;

      ‘(4) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety;

      ‘(5) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in paragraphs (1) through (4); or

      ‘(6) attempts to do anything prohibited under paragraphs (1) through (5);

    shall be fined under this title or imprisoned not more than twenty years, or both; and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

    ‘(b) Whoever threatens to do anything prohibited under paragraph (2) or (3) of subsection (a), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safety of the fixed platform, shall be fined under this title or imprisoned not more than five years, or both.

    ‘(c) There is jurisdiction over the prohibited activity in subsections (a) and (b) if--

      ‘(1) such activity is committed against or on board a fixed platform--

        ‘(A) that is located on the continental shelf of the United States;

        ‘(B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or

        ‘(C) in an attempt to compel the United States to do or abstain from doing any act;

      ‘(2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured or killed; or

      ‘(3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States.

    ‘(d) It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved--

      ‘(1) a domestic dispute solely affecting and between members of the same family or household or between social acquaintances; or

      ‘(2) was during or in relation to a labor dispute, and such conduct was prohibited as a felony under the law of the State in which it was committed.

    For purposes of this section, the term ‘labor dispute’ has the meaning set forth in section 2(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).

    ‘(e) As used in this section, the term--

      ‘(1) ‘continental shelf’ means the sea-bed and subsoil of the submarine areas that extend beyond a country’s territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea;

      ‘(2) ‘fixed platform’ means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes;

      ‘(3) ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

      ‘(4) ‘territorial sea of the United States’ means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law; and

      ‘(5) ‘United States’, when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and all territories and possessions of the United States.’.

    (b) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding at the end thereof the following:

      ‘2280. Violence against maritime navigation.

      ‘2281. Violence against maritime fixed platforms.’.

    (c) EFFECTIVE DATES- This section and the amendments made by this section shall take effect on the later of--

      (1) the date of the enactment of this Act; or

      (2)(A) in the case of section 2280 of title 18, United States Code, the date the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation has come into force and the United States has become a party to that Convention; and

      (B) in the case of section 2281 of title 18, United States Code, the date the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf has come into force and the United States has become a party to that Protocol.

SEC. 713. TORTURE.

    (a) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 113A the following new chapter:

‘CHAPTER 113B--TORTURE

      ‘Sec.

      2340. Definitions.

      2340A. Torture.

      2340B. Exclusive remedies.

‘Sec. 2340. Definitions

    ‘As used in this chapter--

      ‘(1) the term ‘torture’ means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

      ‘(2) the term ‘severe mental pain or suffering’ means the prolonged mental harm caused by or resulting from (A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality;

      ‘(3) the term ‘United States’ includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1301(38)).

‘Sec. 2340A. Torture

    ‘(a) Whoever, outside the United States and in a circumstance described in subsection (b) of this section, commits or attempts to commit torture--

      ‘(1) shall be fined under this title or imprisoned not more than twenty years, or both; and

      ‘(2) if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

    ‘(b) The circumstance referred to in subsection (a) of this section is if--

      ‘(1) the alleged offender is a national of the United States; or

      ‘(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or the alleged offender.

‘Sec. 2340B. Exclusive remedies

    ‘Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.’.

    (b) CLERICAL AMENDMENT- The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 113A the following new item:

2340.’.

    (c) EFFECTIVE DATE- This section shall take effect on the later of--

      (1) the date of enactment of this section; or

      (2) the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

SEC. 714. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

    The provisions of chapter 228 of title 18, United States Code, as added by this title, shall not apply to prosecutions under the Uniform Code of Military Justice (10 U.S.C. 801).

SEC. 715. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

    Section 3432 of title 18, United States Code, is amended by inserting before the period the following: ‘, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person’.

TITLE VIII--HABEAS CORPUS REFORM

SEC. 801. FILING DEADLINES.

    Section 2254 of title 28, United States Code, is amended by adding at the end the following:

    ‘(g)(1) In the case of an applicant under sentence of death, any application for habeas corpus relief under this section must be filed in the appropriate district court not later than 1 year after--

      ‘(A) the date of denial of a writ of certiorari, if a petition for a writ of certiorari to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court;

      ‘(B) the date of issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed, within the time limits established by law, in the Supreme Court; or

      ‘(C) the date of issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed.

    ‘(2) The time requirements established by this section shall be tolled--

      ‘(A) during any period in which the State has failed to provide counsel as required in section 2257 of this chapter;

      ‘(B) during the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and

      ‘(C) during an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause.’.

SEC. 802. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--

      (1) by inserting ‘(a)(1)’ before the first paragraph;

      (2) by inserting ‘(2)’ before the second paragraph; and

      (3) by adding at the end the following:

    ‘(b) In the case of an individual under sentence of death, a warrant or order setting an execution shall be stayed upon application to any court that would have jurisdiction over an application for habeas corpus under this chapter. The stay shall be contingent upon reasonable diligence by the individual in pursuing relief with respect to such sentence and shall expire if--

      ‘(1) the individual fails to apply for relief under this chapter within the time requirements established by section 2254(g) of this chapter;

      ‘(2) upon completion of district court and court of appeals review under section 2254 of this chapter, the application is denied and--

        ‘(A) the time for filing a petition for a writ of certiorari expires before a petition is filed;

        ‘(B) a timely petition for a writ of certiorari is filed and the Supreme Court denies the petition; or

        ‘(C) a timely petition for certiorari is filed and, upon consideration of the case, the Supreme Court disposes of it in a manner that leaves the capital sentence undisturbed; or

      ‘(3) before a court of competent jurisdiction, in the presence of counsel qualified under section 2257 of this chapter and after being advised of the consequences of the decision, an individual waives the right to pursue relief under this chapter.’.

SEC. 803. LAW APPLICABLE.

    (a) IN GENERAL- Chapter 153 of title 28, United States Code, is amended by adding at the end the following:

‘Sec. 2256. Law applicable

    ‘(a) Except as provided in subsection (b), in an action under this chapter, the court shall not apply a new rule.

    ‘(b) A court shall apply a new rule, if the new rule--

      ‘(1) places the claimant’s conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or

      ‘(2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished.

    ‘(c) As used in this section, the term ‘new rule’ means a clear break from precedent, announced by the Supreme Court of the United States, that could not reasonably have been anticipated at the time the claimant’s sentence became final in State court. A rule is not ‘new’ merely because it was not dictated or compelled by the precedents existing at that time or because, at that time, it was susceptible to debate among reasonable minds.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following:

      ‘2256. Law applicable.’.

SEC. 804. COUNSEL IN CAPITAL CASES; STATE COURT.

    (a) IN GENERAL- Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 of this subtitle the following:

‘Sec. 2257. Counsel in capital cases; State court

    ‘(a) Notwithstanding section 2254(d) of this chapter, the court in an action under this chapter shall neither presume a finding of fact made in a State court proceeding specified in subsection (b)(1) of this section to be correct nor decline to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless--

      ‘(1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases that meets the specifications in subsection (b) of this section;

      ‘(2) if the applicant in the instant case was eligible for the appointment of counsel and did not waive such an appointment, the State actually appointed an attorney or attorneys to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and

      ‘(3) the attorney or attorneys so appointed substantially met both the qualification standards specified in subsection (b)(3)(A) or (b)(4) of this section and the performance standards established by the appointing authority.

    ‘(b) A mechanism for providing legal services to indigents within the meaning of subsection (a)(1) of this section shall include the following elements:

      ‘(1) The State shall provide legal services to--

        ‘(A) indigents charged with offenses for which capital punishment is sought;

        ‘(B) indigents who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and

        ‘(C) indigents who have been sentenced to death and who seek certiorari review of State court judgments in the United States Supreme Court.

      ‘(2) The State shall establish a counsel authority, which shall be--

        ‘(A) a statewide defender organization;

        ‘(B) a resource center; or

        ‘(C) a counsel authority appointed by the highest State court having jurisdiction over criminal matters, consisting of members of the bar with substantial experience in, or commitment to, the representation of criminal defendants in capital cases, and comprised of a balanced representation from each segment of the State’s criminal defense bar.

      ‘(3) The counsel authority shall--

        ‘(A) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel, which shall include--

          ‘(i) knowledge and understanding of pertinent legal authorities regarding issues in capital cases; and

          ‘(ii) skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases;

        ‘(B) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and

        ‘(C) appoint a defense team, which shall include at least 2 attorneys, to represent a client at the relevant stage of proceedings, within 30 days after receiving notice of the need for the appointment from the relevant State court.

      ‘(4) An attorney who is not listed on the roster shall be appointed only on the request of the client concerned and in circumstances in which the attorney requested is able to provide the client with quality legal representation.

      ‘(5) No counsel appointed pursuant to this section to represent a prisoner in State postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly request continued representation.

      ‘(6) The ineffectiveness or incompetence of counsel appointed pursuant to this section during State or Federal postconviction proceedings shall not be a ground for relief in a proceeding arising under section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings.

      ‘(7) Upon receipt of notice from the counsel authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual’s competency to decline the appointment, and whether the individual has knowingly and intelligently declined it.

      ‘(8) Attorneys appointed pursuant to this section shall be compensated on an hourly basis pursuant to a schedule of hourly rates as periodically established by the counsel authority after consultation with the highest State court with jurisdiction over criminal matters. Appointed counsel shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services.

      ‘(9) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in paragraph (8).’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 303 the following:

      ‘2257. Counsel in capital cases; State court.’.

SEC. 805. SUCCESSIVE FEDERAL PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended--

      (1) by inserting ‘(1)’ after ‘(b)’;

      (2) by inserting ‘, in the case of an applicant not under sentence of death,’ after ‘When’; and

      (3) by adding at the end the following:

      ‘(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless--

        ‘(A) the applicant shows that--

          ‘(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or

          ‘(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and

        ‘(B) the facts underlying the claim would be sufficient, if proven, to undermine the court’s confidence in the applicant’s guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.’.

SEC. 806. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253, of title 28, United States Code, is amended to read as follows:

      ‘An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.’.

SEC. 807. DUTIES OF THE DISTRICT COURT.

    Section 2254(a) of title 28, United States Code, is amended by adding at the end the following:

      ‘In adjudicating the merits of any such ground, the court shall exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts and shall not defer to a previous State court judgment regarding a Federal legal standard or its application. Upon request, the court shall permit the parties to present evidence regarding material facts that were not adequately developed in State court. The court shall award relief with respect to any meritorious constitutional ground, unless, in the case of a violation that can be harmless, the respondent shows that the error was harmless beyond a reasonable doubt.’.

SEC. 808. CLAIMS OF INNOCENCE.

    (a) IN GENERAL- Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following:

‘Sec. 2258. Claims of innocence

    ‘(a) At any time, and notwithstanding any other provision of law, a district court shall issue habeas corpus relief on behalf of an applicant under sentence of death, imposed either in Federal or in State court, who offers credible newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in--

      ‘(1) an acquittal of the offense for which the death sentence was imposed; or

      ‘(2) a sentence other than death.

    ‘(b) An application filed pursuant to subsection (a) shall offer substantial evidence which, if credible, would establish one of the standards in subsection (a)(1) or (2). An application that fails to do so may be dismissed.

    ‘(c) If the court concludes that an application meets the requirements in subsection (b), the court shall--

      ‘(1) order the respondent to file an answer;

      ‘(2) permit the parties to conduct reasonable discovery;

      ‘(3) conduct a hearing to resolve disputed issues of fact; and

      ‘(4) upon request, issue a stay of execution pending further proceedings in the district court and on direct review of the district court’s judgment.

    ‘(d) If the court concludes that the applicant meets the standards established by subsection (a)(1) or (2), the court shall order his or her release, unless a new trial or, in an appropriate case, a new sentencing proceeding, is conducted within a reasonable time.

    ‘(e) If the court determines that the applicant is currently entitled to pursue other available and effective remedies in either State or Federal court, the court may, at the request of either party, suspend its consideration of the application under this section until the applicant has exhausted those remedies. A stay issued pursuant to subsection (c) shall remain in effect during such a suspension.

    ‘(f) An application under this section may be consolidated with any other pending application under this chapter, filed by the same applicant.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 304 of this subtitle the following:

      ‘2258. Claims of innocence.’.

SEC. 809. PROCEDURAL DEFAULT IN STATE COURT.

    Section 2254 of title 28, United States Code, is amended by adding the following:

    ‘(h)(1) A district court shall decline to consider a claim under this section if--

      ‘(A) the applicant previously failed to raise the claim in State court at the time and in the manner prescribed by State law; the State courts, for that reason, refused or would refuse to entertain the claim; such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the Supreme Court of the United States; and

      ‘(B) the applicant fails to show cause for the failure to raise the claim in State court and prejudice to the applicant’s right to fair proceedings or to an accurate outcome resulting from the alleged violation of the Federal right asserted, or that failure to consider the claim would result in a miscarriage of justice.

    ‘(2) The court shall not find cause in any case in which it appears that the applicant or counsel deliberately withheld a claim from the State courts for strategic purposes. An applicant may establish cause by showing that--

      ‘(A) the factual basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant could have raised the claim in State court;

      ‘(B) the claim relies on a decision of the Supreme Court of the United States, announced after the applicant might have raised the claim in State court; or

      ‘(C) the failure to raise the claim in State court was due to interference by State officials, counsel’s ignorance or neglect, or counsel’s ineffective assistance in violation of the Constitution.’.

TITLE IX--RACIALLY DISCRIMINATORY CAPITAL SENTENCING

SEC. 901. AMENDMENT TO TITLE 28.

    (a) PROCEDURE- Part VI of title 28, United States Code, is amended by adding at the end thereof the following new chapter:

‘CHAPTER 177--RACIALLY DISCRIMINATORY CAPITAL SENTENCING

‘Sec.

      ‘2921. Prohibition against the execution of a sentence of death imposed on the basis of race.

      ‘2922. Access to data on death eligible cases.

      ‘2923. Enforcement of the chapter.

      ‘2924. Construction of chapter.

‘Sec. 2921. Prohibition against the execution of a sentence of death imposed on the basis of race

    ‘(a) IN GENERAL- No person shall be put to death under color of State or Federal law in the execution of a sentence that was imposed based on race.

    ‘(b) INFERENCE OF RACE AS THE BASIS OF DEATH SENTENCE- An inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that, at the time the death sentence was imposed, race was a statistically significant factor in decisions to seek or to impose the sentence of death in the jurisdiction in question.

    ‘(c) RELEVANT EVIDENCE- Evidence relevant to establish an inference that race was the basis of a death sentence may include evidence that death sentences were, at the time pertinent under subsection (b), being imposed significantly more frequently in the jurisdiction in question--

      ‘(1) upon persons of one race than upon persons of another race; or

      ‘(2) as punishment for capital offenses against persons of one race than as punishment for capital offenses against persons of another race.

    ‘(d) VALIDITY OF EVIDENCE PRESENTED TO ESTABLISH AN INFERENCE- If statistical evidence is presented to establish an inference that race was the basis of a sentence of death, the court shall determine the validity of the evidence and if it provides a basis for the inference. Such evidence must take into account, to the extent it is compiled and publicly made available, evidence of the statutory aggravating factors of the crimes involved, and shall include comparisons of similar cases involving persons of different races.

    ‘(e) REBUTTAL- If an inference that race was the basis of a death sentence is established under subsection (b), the death sentence may not be carried out unless the government rebuts the inference by a preponderance of the evidence. Unless it can show that the death penalty was sought in all cases fitting the statutory criteria for imposition of the death penalty, the government cannot rely on mere assertions that it did not intend to discriminate or that the cases in which death was imposed fit the statutory criteria for imposition of the death penalty.

‘Sec. 2922. Access to data on death eligible cases

    ‘Data collected by public officials concerning factors relevant to the imposition of the death sentence shall be made publicly available.

‘Sec. 2923. Enforcement of the chapter

    ‘In any proceeding brought under section 2254, the evidence supporting a claim under this chapter may be presented in an evidentiary hearing and need not be set forth in the petition. Notwithstanding section 2254, no determination on the merits of a factual issue made by a State court pertinent to any claim under section 2921 shall be presumed to be correct unless--

      ‘(1) the State is in compliance with section 2922;

      ‘(2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to the appointment of counsel and to the furnishing of investigative, expert and other services necessary for the adequate development of the claim; and

      ‘(3) the determination is one which is otherwise entitled to be presumed to be correct under the criteria specified in section 2254.

‘Sec. 2924. Construction of chapter

    ‘Nothing contained in this chapter shall be construed to affect in one way or the other the lawfulness of any sentence of death that does not violate section 2921.’.

    (b) AMENDMENT TO TABLE OF CHAPTERS- The table of chapters of part VI of title 28, United States Code, is amended by adding at the end thereof the following new item:

2921.’.

SEC. 902. ACTIONS BEFORE ENACTMENT.

    No person shall be barred from raising any claim under section 2921 of title 28, United States Code, as added by this Act, on the ground of having failed to raise or to prosecute the same or a similar claim before the enactment of the Act, nor by reason of any adjudication rendered before that enactment.

TITLE X--CRIME PREVENTION AND COMMUNITY JUSTICE

Subtitle A--Model Intensive Grant Programs

SEC. 1001. GRANT AUTHORIZATION.

    (a) ESTABLISHMENT- The Attorney General, who may consult with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, is authorized to award grants to not more than 15 chronic high intensive crime areas to develop comprehensive model crime prevention programs that--

      (1) 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;

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

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

    (b) PRIORITY- In awarding grants described in 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; and

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

SEC. 1002. 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.

SEC. 1003. 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. 1004. 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. 1005. 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. 1006. DEFINITIONS.

    For purposes of this subtitle:

      (1) CHRONIC HIGH INTENSITY CRIME AREA- The term ‘chronic high intensity crime area’ is an area that meets criteria defined under regulations issued by the Attorney General. The criteria adopted by the Attorney General shall, 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.

      (2) CHIEF LOCAL ELECTED OFFICIAL- The term ‘chief local elected official’ means an official designated under regulations issued 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.

SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle $300,000,000 for each of the fiscal years 1995, 1996, 1997, 1998, and 1999.

Subtitle B--Ounce of Prevention Grant Programs

PART I--OUNCE OF PREVENTION GRANT PROGRAMS

SEC. 1010. OUNCE OF PREVENTION COUNCIL.

    (a) IN GENERAL- (1) The Secretary of Health and Human Services shall convene an interagency Task Force to be known as the Ounce of Prevention Council, which shall be chaired by the Attorney General, the Secretary of Education, and the Secretary of Health and Human Services, and which also shall include the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Agriculture, and the Director of the Office of National Drug Control Policy.

    (2) The Council may obtain the necessary staff to carry out its functions through the detail or assignment of employees from the departments or offices which are represented by the Council.

    (3) The Council may delegate any of its functions or powers to a member or members of the Council.

    (b) ADMINISTRATIVE RESPONSIBILITIES AND POWERS- The Council shall advise and counsel the Secretary regarding administration of the programs established by this title. In consultation with the Council, the Secretary may issue regulations and guidelines to carry out this title, including specifications concerning application requirements, selection criteria, duration and renewal of grants, evaluation requirements, limitation of administrative expenses, submission of reports by grantees, recordkeeping by grantees, and access to books, records, and documents maintained by grantees or other persons for purposes of audit or examination.

    (c) TARGETING OF ASSISTANCE FOR DISTRESSED COMMUNITIES AND INDIVIDUALS WITH PARTICULAR NEEDS- In consultation with the Council, the Secretary shall adopt regulations or guidelines to ensure that funding provided under this title shall be used primarily for--

      (1) assistance in communities that are distressed as indicated by such factors as high incidences of crime, juvenile delinquency, gang involvement, substance abuse, unemployment, school dropouts, or pregnancy among adolescents; and

      (2) assistance for individuals in any area who are particularly in need of the assistance for such reasons as involvement in juvenile delinquency, gangs, or substance abuse, unemployability, dropping out of school, or pregnancy during adolescence, or being at risk of such conditions.

SEC. 1011. OUNCE OF PREVENTION GRANT PROGRAM.

    (a) IN GENERAL- The Secretary, after consultation with the Council, may make grants to States, local governments, educational institutions, coalitions, local educational agencies, State educational agencies, and other public and private entities, 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;

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

      (4) substance abuse treatment and prevention, including outreach programs for at-risk families.

    (b) PRIORITY- In making such grants, the Secretary 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.

    (c) DEFINITIONS- For purposes of this section the term ‘Secretary’ means the Secretary of Health and Human Resources.

PART II--FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM

SEC. 1015. PROGRAM AUTHORITY.

    (a) IN GENERAL-

      (1) ALLOCATIONS FOR STATES- For a fiscal year in which the sums reserved by the Secretary from the amounts appropriated for this subtitle to carry out this section equal or exceed $20,000,000, the Secretary shall allocate 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.

      (2) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM ALLOCATIONS- For such a fiscal year, the Secretary may award grants from the appropriate State allocation determined under paragraph (1) 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) REALLOCATION- If, at the end of such a fiscal year, the Secretary determines that funds allocated for community-based organizations in a State remain unobligated, the Council may use such funds to award grants to eligible community-based organizations in another State to pay for such Federal share. Amounts made available through such grants shall remain available until expended.

    (b) OTHER FISCAL YEARS- For any fiscal year in which the sums reserved by the Secretary from amounts appropriated for this subtitle 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.

SEC. 1016. PROGRAM REQUIREMENTS.

    (a) 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--

      (1) where appropriate, in the facilities of a public school; or

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

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

        (B) in compliance with all applicable local ordinances.

    (b) USE OF FUNDS- Such community-based organization--

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

        (A) 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;

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

      (3) may use such funds--

        (A) for the renovation of facilities that are in existence prior to the operation of the program for which the organization receives the grant; and

        (B) to develop or expand school programs (including programs that provide a variety of additional services to help meet the comprehensive needs of students, such as homework assistance and after-school programs (including educational, social, and athletic activities), nutrition services, family counseling, and parental training programs) that are designed to improve academic and social development of at-risk children 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 in the daily academic curriculum at public schools in the eligible community; and

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

SEC. 1017. ELIGIBLE COMMUNITY IDENTIFICATION.

    (a) 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.

    (b) 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.

SEC. 1018. APPLICATIONS.

    (a) 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.

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

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

      (2) 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;

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

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

        (A) will--

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

          (ii) make a local facility described in section 1016(a)(2) such a focal point; and

        (B) 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;

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

        (A) community leaders;

        (B) businesses;

        (C) local educational agencies;

        (D) local officials;

        (E) State officials; and

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

      (6) 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 section 1016(b);

      (7) 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--

        (A) extracurricular and academic programs, such as programs described in section 1016(b)(2); and

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

      (8) 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;

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

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

      (11) 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;

      (12) contain an assurance that the program will maintain a staff-to-participant ratio that is appropriate to the activity or service provided by the program;

      (13) contain an assurance that the community-based organization will comply with any evaluation under section 1023, any research effort authorized under Federal law, and any investigation by the Secretary;

      (14) 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;

      (15) contain an assurance that the program for which the grant is sought will, to the maximum extent possible, incorporate services that are--

        (A) provided by program volunteers, parents, adult mentors, social workers, drug and alcohol abuse counselors, teachers, or other persons providing tutoring and college or vocational preparation; and

        (B) provided solely through non-Federal private and nonprofit sources; and

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

    (c) 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.

SEC. 1019. ELIGIBILITY OF PARTICIPANTS.

    (a) 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.

    (b) EXCLUSION-

      (1) 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.

      (2) PARENTAL APPROVAL- To be eligible to participate in a program that receives assistance under this section, a child shall provide the express written approval of a parent or guardian, and shall submit an official application that agrees to the terms and conditions of participation in the program. All information and application forms shall be in a format and language accessible to and understandable to the parent or guardian of the child.

SEC. 1020. PEER REVIEW PANEL.

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

    (b) COMPOSITION- Such panel shall include at least 1 representative from each of the following:

      (1) A community-based organization.

      (2) A local government.

      (3) A local educational agency.

      (4) The private sector.

      (5) A charitable organization.

    (c) FUNCTIONS- Such panel shall conduct the initial review of all grant applications received by the Secretary under section 1018, make recommendations to the Secretary regarding--

      (1) grant funding under this section; and

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

SEC. 1021. INVESTIGATIONS AND INSPECTIONS.

    The Secretary may conduct such investigations and inspections as may be necessary to ensure compliance with the provisions of this section.

SEC. 1022. FEDERAL SHARE.

    (a) 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 section 1018 the Federal share of the costs of developing and carrying out programs referred to in section 1015.

      (2) FEDERAL SHARE- The Federal share of such costs shall be 70 percent for each of the fiscal years 1995, 1996, 1997, and 1998.

    (b) NON-FEDERAL SHARE-

      (1) 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 section 1018(b)(16).

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

SEC. 1023. EVALUATION.

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

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

      (2) the academic achievement of such children;

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

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

SEC. 1024. DEFINITIONS.

    In this part the following definitions apply:

      (1) CHILD- The term ‘child’ means an individual who is not younger than 5 and not older than 18.

      (2) COMMUNITY-BASED ORGANIZATION- The term ‘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 and organizations of learning (such as local education agencies).

          (iv) Student organizations.

          (v) Law enforcement agencies.

          (vi) Public housing agencies.

          (vii) State government.

          (viii) Other public agencies.

          (ix) Other interested parties.

      (3) ELIGIBLE COMMUNITY- The term ‘eligible community’ means an area identified pursuant to section 1024.

      (4) LOCAL EDUCATIONAL AGENCY- The term ‘local educational agency’ has the same meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965.

      (5) POVERTY LINE- The term ‘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.

      (6) PUBLIC SCHOOL- The term ‘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 such Act.

      (7) SECRETARY- The term ‘Secretary’ means the Secretary of Education.

      (8) STATE- The term ‘State’ means each of the several States of the United States, 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.

PART III--ADMINISTRATION

SEC. 1025. TECHNICAL ASSISTANCE; TRAINING AND EVALUATION.

    (a) TECHNICAL ASSISTANCE AND TRAINING- The Secretary may provide technical assistance, training, and evaluations to further the purposes of this subtitle through grants, contracts, or other cooperative agreements with other entities.

    (b) EVALUATIONS- In addition to any evaluation requirements that may be required for grantees, the Secretary may conduct or support evaluations of programs that receive support under this subtitle, including assessments of the effectiveness of the programs in reducing delinquency, gang involvement, substance abuse, school dropout rates, and adolescent pregnancy, and in increasing employability and employment.

SEC. 1026. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATIONS FOR PART I- There are authorized to be appropriated to carry out the purposes of part I, $25,000,000 for each of the fiscal years 1995 through 1999.

    (b) AUTHORIZATIONS FOR PART II- There are authorized to be appropriated to carry out the purposes of part II, $230,000,000 for each of the fiscal years 1995 through 1999.

Subtitle C--Police Partnerships for Children

SEC. 1030. DEFINITION.

    As used in this subtitle, ‘partnership’ means a cooperative arrangement or association involving one or more law enforcement agencies, and one or more public or private agencies that provide child or family services.

SEC. 1031. GRANT AUTHORITY.

    (a) PARTNERSHIP GRANTS- The Attorney General, in consultation with the Secretary of Health and Human Services, may make grants to partnerships for--

      (1) teams or units involving participants from both the law enforcement and child or family services components of the partnership that respond to or deal with violent incidents in which a child is involved as a perpetrator, witness, or victim, such as teams or units that provide a 24-hour crisis response or consultation service in relation to such incidents;

      (2) training for law enforcement officers regarding behavior, psychology, family systems, and community culture and attitudes that is relevant to dealing with children who are involved in violent incidents or at risk of involvement in such incidents, or with families of such children; and

      (3) programs for children and families that are designed jointly by the law enforcement and child or family services components of the partnership, including programs providing 24-hour response to crisis situations affecting children and such other programs as programs that provide training in nonviolent conflict resolution, after-school activity and neighborhood recreation programs, parent support groups that are led jointly by child or family services and law enforcement personnel, and mentoring programs.

    (b) GRANTS FOR POLICE RESIDENCE IN HIGH CRIME AREAS- The Secretary of Housing and Urban Development, in consultation with the Attorney General, may make grants to units of State or local government, public housing authorities, owners of federally assisted housing, and owners of housing in high crime areas in order to provide dwelling units to law enforcement officers without charge or at or substantially reduced rent for the purpose of providing greater security for residents of high crime areas.

SEC. 1032. ADMINISTRATION.

    (a) USE OF COMPONENTS- The Attorney General may utilize any component or components of the Department of Justice in carrying out this subtitle.

    (b) REGULATORY AUTHORITY- The Attorney General, for the purposes of section 1031(a), and the Secretary of Housing and Urban Development, for purposes of section 1031(b), may issue regulations and guidelines to carry out this subtitle, including specifications concerning application requirements, selection criteria, duration and renewal of grants, evaluation requirements, matching funds, limitation of administrative expenses, submission of reports by grantees, recordkeeping by grantees, and access to books, records, and documents maintained by grantees or other persons for purposes of audit or examination.

    (c) APPLICATIONS- In addition to any other requirements that may be specified by the Attorney General--

      (1) an application for a grant under section 1030(a) of this subtitle shall--

        (A) certify that the applicant is a partnership as defined in section 1030, or a law enforcement agency or public or private child or family services agency that is participating in a partnership and seeking support on behalf of the partnership;

        (B) include a long-term strategy and detailed implementation plan;

        (C) certify that the Federal support provided under this subtitle will be used to supplement, and not supplant, State and local sources of funding that would otherwise be available;

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

        (E) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support;

      (2) in addition to any other requirements that may be specified by the Secretary of Housing and Urban Development, an application for a grant under section 1031(b) shall--

        (A) certify that there has been appropriate consultation with the employing agency of any law enforcement officer who is to be provided with a dwelling unit;

        (B) identify any related governmental or community initiatives which complement or will be coordinated with the proposal;

        (C) certify that the Federal support provided will be used to supplement, and not supplant, State and local sources of funding that would otherwise be available; and

        (D) provide assurances that local police officers will not be required to reside in residences funded under this subtitle.

    (d) MATCHING FUNDS- The portion of the costs of a program provided by a grant under this subtitle may not exceed 75 percent, unless the Attorney General, for purposes of section 1031(a), or the Secretary of Housing and Urban Devlopment, for purposes of section 1031(b), waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program.

    (e) FUNDING PRIORITY- In making grants under section 1031(a), the Attorney General shall give priority to applications by partnerships involving law enforcement agencies that engage in community-oriented policing for programs assisting distressed communities or populations with a high incidence of violence affecting children.

SEC. 1033. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) TECHNICAL ASSISTANCE AND TRAINING- The Attorney General may provide technical assistance and training to further the purposes of this subtitle.

    (b) EVALUATIONS- In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General, may carry out or make arrangements for evaluations of programs that receive support under this subtitle.

    (c) ADMINISTRATION- The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through grants, contracts, or other cooperative arrangements with other entities.

SEC. 1034. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There are authorized to be appropriated $20,000,000 in fiscal year 1995, and such sums as may be necessary in each of fiscal years 1996 through 1999 to carry out this subtitle.

    (b) LIMITATION- Not more than 50 percent of the funds made available in a fiscal year for this subtitle may be expended for grants under section 1031(b).

Subtitle D--Midnight Sports

SEC. 1038. GRANTS FOR MIDNIGHT SPORTS LEAGUE ANTICRIME PROGRAMS.

    (a) AUTHORITY- The Secretary of Housing and Urban Development, in consultation with the Attorney General of the United States, the Secretary of Labor, and the Secretary of Education, shall make grants, to the extent that amounts are approved in appropriations Acts under subsection (k), to eligible entities to assist such entities in carrying out midnight sports league programs meeting the requirements of subsection (d).

    (b) ELIGIBLE ENTITIES-

      (1) IN GENERAL- Grants under subsection (a) may be made only to the following eligible entities:

        (A) Entities eligible under section 520(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 11903a(b)) for a grant under section 520(a) of such Act.

        (B) Nonprofit organizations providing crime prevention, employment counseling, job training, or other educational services.

        (C) Nonprofit organizations providing federally-assisted low-income housing.

      (2) PROHIBITION ON SECOND GRANTS- A grant under subsection (a) may not be made to an eligible entity if the entity previously received a grant under such subsection.

    (c) USE OF GRANT AMOUNTS- Any eligible entity that receives a grant under subsection (a) may use the grant only--

      (1) to establish or carry out a midnight sports league program under subsection (d);

      (2) for salaries for administrators and staff of the program;

      (3) for other administrative costs of the program, except that not more than 5 percent of the grant may be used for such administrative costs; and

      (4) for costs of training and assistance provided under subsection (d)(9).

    (d) PROGRAM REQUIREMENTS- Each eligible entity receiving a grant under subsection (a) shall establish a midnight sports league program as follows:

      (1) The program shall establish a sports league of not less than 8 teams having 10 players each.

      (2) Not less than 50 percent of the players in the sports league shall be residents of federally assisted low-income housing.

      (3) The program shall be designed to serve primarily youths and young adults from a neighborhood or community whose population has not less than 2 of the following characteristics (in comparison with national averages):

        (A) A substantial problem regarding use or sale of illegal drugs.

        (B) A high incidence of crimes committed by youths or young adults.

        (C) A high incidence of persons infected with the human immunodeficiency virus or sexually transmitted diseases.

        (D) A high incidence of pregnancy, or a high birth rate, among adolescents.

        (E) A high unemployment rate for youths and young adults.

        (F) A high rate of high school dropouts.

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

      (5) The program shall serve only youths and young adults who demonstrate a need for such counseling, training, and education provided by the program, in accordance with criteria for demonstrating need, which shall be established by the Secretary of Housing and Urban Development, in consultation with the Attorney General, Secretary of Labor, the Secretary of Education, and with the Advisory Committee.

      (6) The program shall obtain sponsors for each team in the sports league. Sponsors shall be private individuals or businesses in the neighborhood or community served by the program who make financial contributions to the program and participate in or supplement the employment, job training, and educational services provided to the players under the program with additional training or educational opportunities.

      (7) The program shall comply with any criteria established by the Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, the Secretary of Education, and with the Advisory Committee.

    (e) GRANT AMOUNT LIMITATIONS-

      (1) PRIVATE CONTRIBUTIONS- The Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, and the Secretary of Education, may not make a grant under subsection (a) to an eligible entity that applies for a grant under subsection (f) unless the applicant entity certifies to the Secretary of Housing and Urban Development, or the Attorney General, that the entity will supplement the grant amounts with amounts of funds from non-Federal sources, as follows:

        (A) In each of the first 2 years that amounts from the grant are disbursed (under paragraph (5)), an amount sufficient to provide not less than 35 percent of the cost of carrying out the midnight sports league program.

        (B) In each of the last 3 years that amounts from the grant are disbursed, an amount sufficient to provide not less than 50 percent of the cost of carrying out the midnight sports league program.

      (2) NON-FEDERAL FUNDS- For purposes of this subsection, the term ‘funds from non-Federal sources’ includes amounts from nonprofit organizations, public housing agencies, States, units of general local government, and Indian housing authorities, private contributions, any salary paid to staff (other than from grant amounts under subsection (a)) to carry out the program of the eligible entity, in-kind contributions to carry out the program (as determined by the Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, the Secretary of Education, and with the Advisory Committee), the value of any donated material, equipment, or building, the value of any lease on a building, the value of any utilities provided, and the value of any time and services contributed by volunteers to carry out the program of the eligible entity.

      (3) PROHIBITION ON SUBSTITUTION OF FUNDS- Grants made under subsection (a), and amounts provided by States and units of general local government to supplement the grants, may not be used to replace other public funds previously used, or designated for use, under this section.

      (4) MAXIMUM AND MINIMUM GRANT AMOUNTS- The Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, and the Secretary of Education, may not make a grant under subsection (a) to any single eligible entity in an amount less than $50,000 or exceeding $125,000.

      (5) DISBURSEMENT- Each grant made under subsection (a)(1) shall be disbursed to the eligible entity receiving the grant over the 5-year period beginning on the date that the entity is selected to receive the grant, as follows:

        (A) In each of the first 2 years of such 5-year period, 23 percent of the total grant amount shall be disbursed to the entity.

        (B) In each of the last 3 years of such 5-year period, 18 percent of the total grant amount shall be disbursed to the entity.

    (f) APPLICATIONS- To be eligible to receive a grant under subsection (a), an eligible entity shall submit to the Secretary of Housing and Urban Development an application in the form and manner required by the Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, the Secretary of Education, and with the Advisory Committee, which shall include--

      (1) a description of the midnight sports league program to be carried out by the entity, including a description of the employment counseling, job training, and other educational services to be provided;

      (2) letters of agreement from service providers to provide training and counseling services required under subsection (d) and a description of such service providers;

      (3) letters of agreement providing for facilities for sports games and counseling, training, and educational services required under subsection (d) and a description of the facilities;

      (4) a list of persons and businesses from the community served by the program who have expressed interest in sponsoring, or have made commitments to sponsor, a team in the midnight sports league; and

      (5) evidence that the neighborhood or community served by the program meets the requirements of subsection (d)(3).

    (g) SELECTION- The Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, the Secretary of Education, and with the Advisory Committee, shall select eligible entities that submit applications under subsection (f) to receive grants under subsection (a). The Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, the Secretary of Education, and with the Advisory Committee, shall establish criteria for selection of applicants to receive such grants. The criteria shall include a preference for selection of eligible entities carrying out midnight sports league programs in suburban and rural areas.

    (h) REPORTS- The Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, and the Secretary of Education, shall require each eligible entity receiving a grant under subsection (a) to submit for each year in which grant amounts are received by the entity, a report describing the activities carried out with such amounts.

    (i) STUDY- To the extent amounts are provided under appropriation Acts pursuant to subsection (k)(2), the Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, and the Secretary of Education, shall make a grant to one entity qualified to carry out a study under this subsection. The entity shall use such grant to carry out a scientific study of the effectiveness of midnight sports league programs under subsection (d) of eligible entities receiving grants under subsection (a). The Secretary of Housing and Urban Development, in consultation with the Attorney General, the Secretary of Labor, and the Secretary of Education, shall require such entity to submit a report describing the study and any conclusions and recommendations resulting from the study to the Congress and the Secretary of Housing and Urban Development and the Attorney General not later than the expiration of the 2-year period beginning on the date that the grant under this subsection is made.

    (j) DEFINITIONS- For purposes of this section--

      (1) the term ‘eligible entity’ means an entity described under subsection (b)(1); and

      (2) the term ‘federally assisted low-income housing’ has the meaning given the term in section 5126 of the Public and Assisted Housing Drug Elimination Act of 1990.

    (k) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated--

      (1) for grants under subsection (a), $10,000,000 in each of fiscal years 1995, 1996, 1997, 1998, and 1999; and

      (2) for a study grant under subsection (i), $250,000 in fiscal year 1995.

Subtitle E--Drug Courts

SEC. 1041. GRANT AUTHORITY.

    The Attorney General may make grants to units of State and local government, and to other public and private entities, for programs that involve continuing judicial supervision over specified categories of persons with substance abuse problems, and that involve the integrated administration of other sanctions and services including--

      (1) testing for the use of controlled substances or other addictive substances;

      (2) substance abuse treatment;

      (3) 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

      (4) programmatic or health related aftercare services such as relapse prevention, education, vocational training, job placement, housing placement, and child care or other family support services.

SEC. 1042. 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 subtitle.

    (b) USE OF COMPONENTS- The Attorney General may utilize any component or components of the Department of Justice in carrying out this subtitle.

    (c) REGULATORY AUTHORITY- The Attorney General may issue regulations and guidelines to carry out this subtitle, including specifications concerning application requirements, selection criteria, duration and renewal of grants, evaluation requirements, matching funds, limitation of administrative expenses, submission of reports by grantees, recordkeeping by grantees, and access to books, records, and documents maintained by grantees or other persons for purposes of audit or examination.

    (d) APPLICATIONS- In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subtitle 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 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) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and

      (7) describe the methodology that will be utilized in evaluating the program.

SEC. 1043. 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 subtitle.

    (b) EVALUATIONS- In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this subtitle.

    (c) ADMINISTRATION- The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.

SEC. 1044. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $280,000,000 in each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this subtitle.

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

SEC. 1051. GRANT AUTHORITY.

    (a) IN GENERAL- (1) 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) 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) 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) Such application 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 or local educational agency, which meets or exceeds State 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.

SEC. 1052. AUTHORIZATION OF APPROPRIATIONS.

    For grants under section 1051, there are authorized to be appropriated $10,000,000 for each of the fiscal years 1995 through 1999.

Subtitle G--Police Recruitment

SEC. 1061. GRANT AUTHORITY.

    (a) 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 of police departments.

    (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 non-profit 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 underepresented 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 if the recipient of the grant does not file the report required by this subsection or uses the grant for a purpose not authorized by this section.

    (i) GUIDELINES- The Attorney General shall, by regulation, prescribe guidelines on content and results for programs receiving a grant under subsection (a). Such guidelines shall be designed to establish programs which will be effective in training individuals to enter instructional programs for police departments and shall include requirements for--

      (1) individuals providing recruiting services;

      (2) individuals providing tutorials and other academic assistance programs;

      (3) individuals providing retention services; and

      (4) the content and duration of recruitment, retention, and counseling programs and the means and devices used to publicize such programs.

SEC. 1062. AUTHORIZATION OF APPROPRIATIONS.

    For grants under section 1061 there are authorized to be appropriated $6,000,000 for each of the fiscal years 1995 through 1999.

Subtitle H--National Triad Program

SEC. 1065. FINDINGS.

    The Congress finds that--

      (1) older Americans are among the most rapidly growing segments of our society;

      (2) currently, older Americans comprise 15 percent of our society, and predictions are that by the turn of the century they will constitute 18 percent of the Nation’s population;

      (3) older Americans find themselves uniquely situated in the society, environmentally and physically;

      (4) many older Americans are experiencing increased social isolation due to fragmented and distant familial relations, scattered associations, limited access to transportation, and other insulating factors;

      (5) physical conditions such as hearing loss, poor eyesight, lessened agility, and chronic and debilitating illnesses often contribute to a senior citizen’s susceptibility to criminal victimization;

      (6) older Americans are too frequently the victims of abuse and neglect, violent crime, property crime, consumer fraud, medical quackery, and confidence games;

      (7) studies have found that older Americans that are victims of violent crime are more likely to be injured and require medical attention than are younger victims;

      (8) victimization data on crimes against older Americans are incomplete and out of date, and data sources are partial, scattered, and not easily obtained;

      (9) although a few studies have attempted to define and estimate the extent of abuse and neglect of older Americans, both in their homes and in institutional settings, many experts believe that abuse and neglect crimes are substantially underreported and undetected;

      (10) similarly, while some evidence suggests that older Americans may be targeted in a range of fraudulent schemes, neither the Uniform Crime Report nor the National Crime Survey collects data on individual- or household-level fraud;

      (11) many law enforcement agencies do not have model practices for responding to the criminal abuse of older Americans;

      (12) law enforcement officers and social service providers come from different disciplines and frequently bring different perspectives to the problem of crimes against older Americans;

      (13) the differences in approaches can inhibit a genuinely effective response;

      (14) there are a few efforts currently under way that seek to forge partnerships to coordinate criminal justice and social service approaches to victimization of older Americans;

      (15) the Triad program, sponsored by the National Sheriffs’ Association (NSA), the International Association of Chiefs of Police (IACP), and the American Association of Retired Persons (AARP), is one such effort;

      (16) the Assistant Secretary for Aging, as the senior executive branch officer formulating older Americans policy, is an appropriate leader in efforts to reduce violent crime against older Americans; and

      (17) recognizing that older Americans have the same fundamental desire as other members of our society to live freely, without fear or restriction due to the criminal element, the Federal Government should seek to expand efforts to reduce crime against this growing and uniquely vulnerable segment of our population.

SEC. 1066. PURPOSES.

    The purposes of this subtitle are--

      (1) to support a coordinated effort among law enforcement, older Americans organizations, and social service agencies to stem the tide of violence against older Americans and support media and nonmedia strategies aimed at increasing both public understanding of the problem and the older Americans’ skills in preventing crime against themselves and their property; and

      (2) to address the problem of crime against older Americans in a systematic and effective manner by promoting and expanding collaborative crime prevention programs, such as the Triad model, that assist law enforcement agencies and older Americans in implementing specific strategies for crime prevention, victim assistance, citizen involvement, and public education.

SEC. 1067. NATIONAL ASSESSMENT AND DISSEMINATION.

    (a) IN GENERAL- The Director of the National Institute of Justice in consultation with the Assistant Secretary for Aging shall conduct a qualitative and quantitative national assessment of--

      (1) the nature and extent of crimes committed against older Americans and the effect of such crimes on the victims;

      (2) the numbers, extent, and impact of violent crimes and nonviolent crimes (such as frauds and ‘scams’) against older Americans and the extent of unreported crimes;

      (3) the collaborative needs of law enforcement, health, and social service organizations, focusing on prevention of crimes against older Americans, to identify, investigate, and provide assistance to victims of those crimes; and

      (4) the development and growth of strategies to respond effectively to the matters described in paragraphs (1), (2), and (3).

    (b) MATTERS TO BE ADDRESSED- The national assessment made pursuant to subsection (a) shall address--

      (1) the analysis and synthesis of data from a broad range of sources in order to develop accurate information on the nature and extent of crimes against older Americans, including identifying and conducting such surveys and other data collection efforts as are needed and designing a strategy to keep such information current over time;

      (2) institutional and community responses to elderly victims of crime, focusing on the problems associated with fear of victimization, abuse of older Americans, and hard-to-reach older Americans who are in poor health, are living alone or without family nearby, or living in high crime areas;

      (3) special services and responses required by elderly victims;

      (4) whether the experience of older Americans with some service organizations differs markedly from that of younger populations;

      (5) the kinds of programs that have proven useful in reducing victimization of older Americans through crime prevention activities and programs;

      (6) the kinds of programs that contribute to successful coordination among public sector agencies and community organizations in reducing victimization of older Americans; and

      (7) the research agenda needed to develop a comprehensive understanding of the problems of crimes against older Americans, including the changes that can be anticipated in the crimes themselves and appropriate responses as the society increasingly ages.

    (c) AVOIDANCE OF DUPLICATION- In conducting the assessment under subsection (a), the Director of the National Institute of Justice, in consultation with the Assistant Secretary of Aging, shall draw upon the findings of existing studies and avoid duplication of efforts that have previously been made.

    (d) DISSEMINATION- Based on the results of the national assessment and analysis of successful or promising strategies in dealing with the problems described in subsection (b) and other problems, including coalition efforts such as the Triad programs described in sections 1065 and 1066, the Director of the National Institute of Justice, in consultation with the Assistant Secretary of Aging, shall disseminate the results through reports, publications, clearinghouse services, public service announcements, and programs of evaluation, demonstration, training, and technical assistance.

SEC. 1068. PILOT PROGRAMS.

    (a) AWARDS- The Director of the Bureau of Justice Assistance, in consultation with the Assistant Secretary of Aging, shall make grants to coalitions of local law enforcement agencies and older Americans to assist in the development of programs and execute field tests of particularly promising strategies for crime prevention services and related services based on the concepts of the Triad model, which can then be evaluated and serve as the basis for further demonstration and education programs.

    (b) TRIAD COOPERATIVE MODEL- (1) Subject to paragraph (2), a pilot program funded under this section shall consist of a cooperative model, which calls for the participation of the sheriff, at least 1 police chief, and a representative of at least 1 older Americans’ organization within a county and may include participation by general service coalitions of law enforcement, victim service, and senior citizen advocate second service organizations. If there exists with the applicant county an area agency on aging as defined in section 102(17) of the Older Americans Act of 1965, the applicant county must include the agency as an organizational component in its program.

    (2) If there is not both a sheriff and a police chief in a county or if the sheriff or a police chief do not participate, a pilot program funded under this section shall include in the place of the sheriff or police chief another key law enforcement official in the county such as a local prosecutor.

    (c) APPLICATION- A coalition or Triad program that desires to establish a pilot program under this section shall submit to the Director of the Bureau of Justice Assistance an application that includes--

      (1) a description of the community and its senior citizen population;

      (2) assurances that Federal funds received under this part shall be used to provide additional and appropriate education and services to the community’s older Americans;

      (3) a description of the extent of involvement of each organizational component (chief, sheriff (or other law enforcement official), and senior organization representative) and focus of the Triad program;

      (4) a comprehensive plan including--

        (A) a description of the crime problems facing older Americans and need for expanded law enforcement and victim assistance services;

        (B) a description of the types of projects to be developed or expanded;

        (C) a plan for an evaluation of the results of Triad endeavors;

        (D) a description of the resources (including matching funds, in-kind services, and other resources) available in the community to implement the Triad development or expansion;

        (E) a description of the gaps that cannot be filled with existing resources;

        (F) an explanation of how the requested grant will be used to fill those gaps; and

        (G) a description of the means and methods the applicant will use to reduce criminal victimization of older persons; and

      (5) funding requirements for implementing a comprehensive plan.

    (d) DISTRIBUTION OF GRANT AWARDS- The Director of the Bureau of Justice Assistance, in consultation with the Assistant Secretary for Aging, shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards for pilot programs authorized under this subtitle.

    (e) POST-GRANT PERIOD REPORT- A grant recipient under this section shall, not later than 6 months after the conclusion of the grant period, submit to the Director of the Bureau of Justice Assistance a report that--

      (1) describes the composition of organizations that participated in the pilot program;

      (2) identifies problem areas encountered during the course of the pilot program;

      (3) provides data comparing the types and frequency of criminal activity before and after the grant period and the effect of such criminal activity on older Americans in the community; and

      (4) describes the grant recipient’s plans and goals for continuance of the Triad program after the grant period.

SEC. 1069. TRAINING ASSISTANCE, EVALUATION, AND DISSEMINATION AWARDS.

    In conjunction with the national assessment under section 1067--

      (1) the Director of the Bureau of Justice Assistance, in consultation with the Assistant Secretary for Aging, shall make awards to organizations with demonstrated ability to provide training and technical assistance in establishing crime prevention programs based on the Triad model, for purposes of aiding in the establishment and expansion of pilot programs under this section; and

      (2) the Director of the National Institute of Justice, in consultation with the Assistant Secretary of Aging, shall make awards to research organizations, for the purposes of--

        (A) evaluating the effectiveness of selected pilot programs; and

        (B) conducting the research and development identified through the national assessment as being critical; and

      (3) the Director of the Bureau of Justice Assistance, in consultation with the Assistant Secretary for Aging, shall make awards to public service advertising coalitions, for the purposes of mounting a program of public service advertisements to increase public awareness and understanding of the issues surrounding crimes against older Americans and promoting ideas or programs to prevent them.

SEC. 1070. REPORT.

    The Director of the Bureau of Justice Assistance, in consultation with the Assistant Secretary for Aging, and the Director of the National Institute of Justice shall submit to Congress an annual report (which may be included with the report submitted under section 102(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(b)) describing the results of the pilot programs conducted under section 1068.

SEC. 1071. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--

      (1) $2,000,000 to the Bureau of Justice Assistance for the purpose of making Triad pilot program awards in that amount under section 1068;

      (2) $1,000,000 to the Bureau of Justice Assistance for the purpose of funding the national training and technical assistance effort under sections 1967 and 1068;

      (3) $1,000,000 to the Bureau of Justice Assistance and $1,000,000 to the Administration on Aging, for the purpose of developing public service announcements under sections 1067 and 1069;

      (4) $2,000,000 to the National Institute of Justice for the purposes of conducting the national assessment, evaluating pilot programs, and carrying out the research agenda under sections 1067 and 1069; and

      (5) to the extent that funds are not otherwise available for the purpose, such sums as are necessary to pay the administrative costs of carrying out this subtitle.

Subtitle I--Local Partnership Act

SEC. 1075. ESTABLISHMENT OF PAYMENT PROGRAM.

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

‘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. Audits, investigations, and reviews.

      ‘6719. Reports.

      ‘6720. Definitions and application.

‘Sec. 6701. Payments to local governments

    ‘(a) PAYMENT AND USE-

      ‘(1) PAYMENT- The Secretary of the Treasury 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; or

        ‘(B) substance abuse treatment to prevent crime.

    ‘(b) TIMING OF PAYMENTS- They shall pay each amount allocated under this chapter to a unit of general local government for a payment period by the later of 60 days after the date the amount is available or the first day of the payment period.

    ‘(c) ADJUSTMENTS- (1) 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) 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 0.5 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 November 15, 1995, any amount that is--

        ‘(A) paid to the unit from amounts appropriated for fiscal year 1995 under the authority of this section; and

        ‘(B) not expended by the unit by October 31, 1995.

      ‘(2) DEPOSIT OF AMOUNTS REPAID- Amounts received by the Secretary as repayments under this subsection shall be deposited in the general fund of the Treasury as miscellaneous receipts.

    ‘(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) 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) 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.

    ‘(3) The Secretary shall issue regulations to implement this subsection.

‘Sec. 6702. Local Government Fiscal Assistance Fund

    ‘(a) ADMINISTRATION OF FUND- The Department of the Treasury has a Local Government Fiscal Assistance Fund, which consists of amounts appropriated to the Fund.

    ‘(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Fund $2,000,000,000 for fiscal years 1995 and 1996.

‘Sec. 6703. Qualification for payment

    ‘(a) IN GENERAL- Under regulations issued by the Secretary, 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 specified in the regulations issued by the Secretary;

      ‘(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) if at least 25 percent of the costs of a construction project are paid out of the trust fund, laborers and mechanics employed by contractors or subcontractors on the project will receive pay at least equal to the prevailing rate of pay for similar construction in the locality as determined by the Secretary of Labor under the Act of March 3, 1931 (46 Stat. 1494 et seq.; popularly known as the Davis-Bacon Act), and the Secretary of Labor shall act on labor standards under this paragraph in a manner that is in accordance with Reorganization Plan No. 14 of 1950 (64 Stat. 1267) and section 2 of the Act of June 13, 1934 (48 Stat. 948);

      ‘(6) 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;

      ‘(7) after reasonable notice to the government, the government will make available to the Secretary and the Comptroller General of the United States, with the right to inspect, records the Secretary reasonably requires to review compliance with this chapter or the Comptroller General of the United States reasonably requires to review compliance and operations under section 6718(b); and

      ‘(8) the government will make reports the Secretary reasonably requires, in addition to the annual reports required under section 6719(b).

    ‘(b) 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 (a).

    ‘(c) SANCTIONS FOR NONCOMPLIANCE- (1) If the Secretary decides that a unit of general local government has not complied substantially with subsection (a) or regulations prescribed under subsection (a), 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 (a) and regulations prescribed under subsection (a).

    ‘(2) 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 a proceeding.

    ‘(3) 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 (a) and regulations prescribed under subsection (a).

‘Sec. 6704. State area allocations; allocations and payments to territorial governments

    ‘(a) FORMULA ALLOCATION BY STATE- For each payment period, the Secretary shall allocate to each State out of the amount appropriated for the period under the authority of section 6702(b) (minus the amounts allocated to territorial governments under subsection (e) for the payment period) an amount bearing the same ratio to the amount appropriated (minus such amounts allocated under subsection (e)) as the amount allocated to the State under this section bears to the total amount allocated to all States under this section. The Secretary shall--

      ‘(1) determine the amount allocated to the State under subsection (b) or (c) of this section and allocate the larger amount to the State; and

      ‘(2) allocate the amount allocated to the State to units of general local government in the State under sections 6705 and 6706.

    ‘(b) GENERAL FORMULA- (1) 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 subclause (A) of this paragraph for all States.

    ‘(2) 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 years used by the Secretary of Commerce in the most recent Bureau of the Census general determination of State and local taxes made before the beginning of the payment period; divided by

      ‘(B) the total income of individuals, as determined by the Secretary of Commerce for national income accounts purposes, attributed to the State for the same years.

    ‘(3) 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) 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 (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 (as determined by the Secretary of Labor for general statistical purposes).

    ‘(c) ALTERNATIVE FORMULA- 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 (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 (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 by the Secretary of Commerce for general statistical purposes.

    ‘(d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT- (1) 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 on the same basis as the Secretary of the Treasury determines that liability for general statistical purposes.

    ‘(2) 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 years used by the Secretary of Commerce in the most recent Bureau of the Census general determination of State and local taxes made before the beginning of the payment period; by

      ‘(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)(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) 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) For purposes of this subsection--

        ‘(A) the term ‘territorial government’ means the government of a territory;

        ‘(B) the term ‘territory’ means Puerto Rico, Guam, American Samoa, and the Virgin Islands; and

        ‘(C) the term ‘territorial population’ means the most recent population for each territory as determined by the Bureau of Census.

‘Sec. 6705. Local government allocations

    ‘(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES- If there is in a State an Indian tribe or Alaskan native village having a recognized governing body carrying out substantial governmental duties and powers, the Secretary shall allocate to the tribe or village, out of the amount allocated to the State under section 6704, an amount bearing the same ratio to the amount allocated to the State as the population of the tribe or village bears to the population of the State. The Secretary shall allocate amounts under this subsection to Indian tribes and Alaskan native villages in a State before allocating amounts to units of general local government in the State under subsection (b).

    ‘(b) OTHER LOCAL GOVERNMENT ALLOCATIONS- (1) 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) 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)(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, 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 Secretary of Commerce for general statistical purposes and adjusted (under regulations of the Secretary) to exclude amounts properly allocated to education expenses.

    ‘(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)(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.

    ‘(c) SMALL GOVERNMENT ALLOCATIONS- If the Secretary decides that information available for a unit of general local government with a population below a number (of not more than 500) prescribed by the Secretary is inadequate, the Secretary may allocate to the unit, in lieu of any allocation under subsection (b) for a payment period, an amount bearing the same ratio to the total amount to be allocated under subsection (b) for the period for all units of general local government in the State as the population of the unit bears to the population of all units in the State.

‘Sec. 6706. Income gap multiplier

    ‘For purposes of determining the income gap of a unit of general local government under section 6705(b)(4)(A), the number which applies is--

      ‘(1) 1.6, with respect to 1/2 of any amount allocated under section 6704 to the State in which the unit is located; and

      ‘(2) 1.2, with respect to the remainder of such amount.

‘Sec. 6707. State variation of local government allocations

    ‘(a) STATE FORMULA- A State government may provide by law for the allocation of amounts among units of general local government in the State on the basis of population multiplied by the general tax effort factors or income gaps of the units of general local government determined under sections 6705 (a) and (b) or a combination of those factors. A State government providing for a variation of an allocation formula provided under sections 6705 (a) and (b) shall notify the Secretary of the variation by the 30th day before the beginning of the first payment period in which the variation applies. A variation shall--

      ‘(1) provide for allocating the total amount allocated under sections 6705 (a) and (b);

      ‘(2) apply uniformly in the State; and

      ‘(3) apply only to payment periods beginning before October 1, 1995.

    ‘(b) CERTIFICATION- A variation by a State government under this section may apply only if the Secretary certifies that the variation complies with this section. The Secretary may certify a variation only if the Secretary is notified of the variation at least 30 days before the first payment period in which the variation applies.

‘Sec. 6708. Adjustments of local government allocations

    ‘(a) MAXIMUM AMOUNT- The amount allocated to a unit of general local government for a payment period may not exceed the adjusted taxes imposed by the unit of general local government as determined under section 6705(b)(3). Amounts in excess of adjusted taxes shall be paid to the Governor of the State in which the unit of local government is located.

    ‘(b) DE MINIMIS ALLOCATIONS- 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).

‘Sec. 6709. Information used in allocation formulas

    ‘(a) USE OF MOST RECENT INFORMATION- Except as provided in this section, the Secretary shall use the most recent available information provided by the Secretary of Commerce and the Secretary of Labor before the beginning of the payment period to determine an allocation under this chapter. If the Secretary decides that the information is not current or complete enough to provide for a fair allocation, the Secretary may use additional information (including information based on estimates) as provided under regulations of the Secretary.

    ‘(b) POPULATION DATA- (1) The Secretary shall determine population on the same basis that the Secretary of Commerce determines resident population for general statistical purposes.

    ‘(2) The Secretary shall request the Secretary of Commerce to adjust the population information provided to the Secretary as soon as practicable to include a reasonable estimate of the number of resident individuals not counted in the 1990 census or revisions of the census. The Secretary shall use the estimates in determining allocations for the payment period beginning after the Secretary receives the estimates. The Secretary shall adjust population information to reflect adjustments made under section 118 of the Act of October 1, 1980 (Public Law 96-369, 94 Stat. 1357).

    ‘(c) ADDITIONAL DATA LIMITATIONS- The Secretary may not--

      ‘(1) in determining an allocation for a payment period, use information on tax collections for years more recent than the years used by the Secretary of Commerce in the most recent Bureau of the Census general determination of State and local taxes made before the beginning of that period; or

      ‘(2) consider a change in information used to determine an allocation for a period of 60 months if the change--

        ‘(A) results from a major disaster declared by the President under section 401 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

        ‘(B) reduces the amount of an allocation.

‘Sec. 6710. Public participation

    ‘(a) HEARINGS- (1) 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) 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) 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) 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- Under regulations of the Secretary, 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 (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.

    ‘(e) APPLICATION TO GOVERNMENTS WITHOUT BUDGETS- The Secretary shall prescribe regulations for applying this section to units of general local government that do not adopt budgets.

‘Sec. 6711. Prohibited discrimination

    ‘(a) GENERAL PROHIBITION- No person in the United States shall be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a program or activity of a unit of general local government because of race, color, national origin, or sex if the government receives a payment under this chapter.

    ‘(b) ADDITIONAL PROHIBITIONS- The following prohibitions and exemptions also apply to a program or activity of a unit of general local government if the government receives a payment under this chapter:

      ‘(1) A prohibition against discrimination because of age under the Age Discrimination Act of 1975.

      ‘(2) A prohibition against discrimination against an otherwise qualified handicapped individual under section 504 of the Rehabilitation Act of 1973.

      ‘(3) A prohibition against discrimination because of religion, or an exemption from that prohibition, under the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968 (popularly known as the Civil Rights Act of 1968).

    ‘(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS- Subsections (a) and (b) do not apply if the government shows, by clear and convincing evidence, that a payment received under this chapter is not used to pay for any part of the program or activity with respect to which the allegation of discrimination is made.

    ‘(d) INVESTIGATION AGREEMENTS- The Secretary shall try to make agreements with heads of agencies of the United States Government and State agencies to investigate noncompliance with this section. An agreement shall--

      ‘(1) describe the cooperative efforts to be taken (including sharing civil rights enforcement personnel and resources) to obtain compliance with this section; and

      ‘(2) provide for notifying immediately the Secretary of actions brought by the United States Government or State agencies against a unit of general local government alleging a violation of a civil rights law or a regulation prescribed under a civil rights law.

‘Sec. 6712. Discrimination proceedings

    ‘(a) NOTICE OF NONCOMPLIANCE- By the 10th day after the Secretary makes a finding of discrimination or receives a holding of discrimination about a unit of general local government, the Secretary shall submit a notice of noncompliance to the government. The notice shall state the basis of the finding or holding.

    ‘(b) INFORMAL PRESENTATION OF EVIDENCE- A unit of general local government may present evidence informally to the Secretary within 30 days after the government receives a notice of noncompliance from the Secretary. Except as provided in subsection (e), the government may present evidence on whether--

      ‘(1) a person in the United States has been excluded or denied benefits of, or discriminated against under, the program or activity of the government, in violation of section 6711(a);

      ‘(2) the program or activity of the government violated a prohibition described in section 6711(b); and

      ‘(3) any part of that program or activity has been paid for with a payment received under this chapter.

    ‘(c) TEMPORARY SUSPENSION OF PAYMENTS- By the end of the 30-day period under subsection (b), the Secretary shall decide whether the unit of general local government has not complied with section 6711 (a) or (b), unless the government has entered into a compliance agreement under section 6714. If the Secretary decides that the government has not complied, the Secretary shall notify the government of the decision and shall suspend payments to the government under this chapter unless, within 10 days after the government receives notice of the decision, the government--

      ‘(1) enters into a compliance agreement under section 6714; or

      ‘(2) requests a proceeding under subsection (d)(1).

    ‘(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS- (1) 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. 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) 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) An administrative law judge may not issue a preliminary decision that the government is not likely to prevail if the judge has issued a decision described in paragraph (2)(A).

    ‘(e) BASIS FOR REVIEW- In a proceeding under subsections (b) through (d) on a program or activity of a unit of general local government about which a holding of discrimination has been made, the Secretary or administrative law judge may consider only whether a payment under this chapter was used to pay for any part of the program or activity. The holding of discrimination is conclusive. If the holding is reversed by an appellate court, the Secretary or judge shall end the proceeding.

‘Sec. 6713. Suspension and termination of payments in discrimination proceedings

    ‘(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS- (1) 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 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) A suspension already ordered under paragraph (1)(A) continues in effect if the administrative law judge makes a decision under paragraph (1)(B).

    ‘(b) LIFTING OF SUSPENSIONS AND TERMINATIONS- If a holding of discrimination is reversed by an appellate court, a suspension or termination of payments in a proceeding based on the holding shall be discontinued.

    ‘(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE- The Secretary may resume payment to a unit of general local government of payments suspended by the Secretary only--

      ‘(1) as of the time of, and under the conditions stated in--

        ‘(A) the approval by the Secretary of a compliance agreement under section 6714(a)(1); or

        ‘(B) a compliance agreement entered into by the Secretary under section 6714(a)(2);

      ‘(2) if the government complies completely with an order of a United States court, a State court, or administrative law judge that covers all matters raised in a notice of noncompliance submitted by the Secretary under section 6712(a);

      ‘(3) if a United States court, a State court, or an administrative law judge decides (including a judge in a proceeding under section 6712(d)(1)), that the government has complied with sections 6711 (a) and (b); or

      ‘(4) if a suspension is discontinued under subsection (b).

    ‘(d) PAYMENT OF DAMAGES AS COMPLIANCE- For purposes of subsection (c)(2), compliance by a government may consist of the payment of restitution to a person injured because the government did not comply with section 6711 (a) or (b).

    ‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT- The Secretary may resume payment to a unit of general local government of payments terminated under section 6712(d)(2)(A) only if the decision resulting in the termination is reversed by an appellate court.

‘Sec. 6714. Compliance agreements

    ‘(a) TYPES OF COMPLIANCE AGREEMENTS- A compliance agreement is an agreement--

      ‘(1) approved by the Secretary, between the governmental authority responsible for prosecuting a claim or complaint that is the basis of a holding of discrimination and the chief executive officer of the unit of general local government that has not complied with section 6711 (a) or (b); or

      ‘(2) between the Secretary and the chief executive officer.

    ‘(b) CONTENTS OF AGREEMENTS- A compliance agreement--

      ‘(1) shall state the conditions the unit of general local government has agreed to comply with that would satisfy the obligations of the government under sections 6711 (a) and (b);

      ‘(2) shall cover each matter that has been found not to comply, or would not comply, with section 6711 (a) or (b); and

      ‘(3) may be a series of agreements that dispose of those matters.

    ‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES- The Secretary shall submit a copy of a compliance agreement to each person who filed a complaint referred to in section 6716(b), or, if an agreement under subsection (a)(1), each person who filed a complaint with a governmental authority, about a failure to comply with section 6711 (a) or (b). The Secretary shall submit the copy by the 15th day after an agreement is made. However, if the Secretary approves an agreement under subsection (a)(1) after the agreement is made, the Secretary may submit the copy by the 15th day after approval of the agreement.

‘Sec. 6715. Enforcement by the Attorney General of prohibitions on discrimination

    ‘The Attorney General may bring a civil action in an appropriate district court of the United States against a unit of general local government that the Attorney General has reason to believe has engaged or is engaging in a pattern or practice in violation of section 6711 (a) or (b). The court may grant--

      ‘(1) a temporary restraining order;

      ‘(2) an injunction; or

      ‘(3) an appropriate order to ensure enjoyment of rights under section 6711 (a) or (b), including an order suspending, terminating, or requiring repayment of, payments under this chapter or placing additional payments under this chapter in escrow pending the outcome of the action.

‘Sec. 6716. Civil action by a person adversely affected

    ‘(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT- If a unit of general local government, or an officer or employee of a unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b).

    ‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED- A person adversely affected shall file an administrative complaint with the Secretary or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6711(d). Administrative remedies are deemed to be exhausted by the person after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency--

      ‘(1) issues a decision that the government has not failed to comply with this chapter; or

      ‘(2) does not issue a decision on the complaint.

    ‘(c) AUTHORITY OF COURT- In an action under this section, the court--

      ‘(1) may grant--

        ‘(A) a temporary restraining order;

        ‘(B) an injunction; or

        ‘(C) another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and

      ‘(2) to enforce compliance with section 6711 (a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney’s fee.

    ‘(d) INTERVENTION BY ATTORNEY GENERAL- In an action under this section to enforce compliance with section 6711 (a) or (b), the Attorney General may intervene in the action if the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person.

‘Sec. 6717. Judicial review

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

‘Sec. 6718. Audits, investigations, and reviews

    ‘(a) INDEPENDENT AUDIT- (1) Except as provided in this section, a unit of general local government that receives a payment under this chapter shall have an independent audit made of the financial statements of the government at least as often as is required by paragraph (2) to determine compliance with this chapter. The audit shall be carried out under generally accepted government auditing standards issued by the Comptroller General of the United States.

    ‘(2) Paragraph (1) does not apply to a unit of general local government for a fiscal year in which the government receives less than $25,000 under this chapter. A unit of general local government which receives at least $25,000 but not more than $100,000 under this chapter for a fiscal year shall have an audit made in accordance with paragraph (1) at least once every 3 years. A government which receives more than $100,000 under this chapter for a fiscal year shall have an audit made in accordance with paragraph (1) for such fiscal year, except that, if the government operates on a biennial fiscal period, such audit may be made biennially but shall cover the financial statement or statements for, and compliance with the requirements of the chapter during, both years within such period.

    ‘(3) An audit of financial statements of a unit of general local government carried out under another law of the United States for a fiscal year is deemed to be in compliance with paragraph (1) for that year if the audit substantially complies with the requirements of paragraph (1).

    ‘(b) WAIVER BY LOCAL GOVERNMENT- A unit of general local government may waive application of subsection (a)(1) if--

      ‘(1) the financial statements of the government are audited by independent auditors under State or local law at least as often as would be required by subsection (a)(2);

      ‘(2) the government certifies that the audit is carried out under generally accepted auditing standards issued by the Comptroller General of the United States;

      ‘(3) the auditing provisions of the State or local law are applicable to the payment period to which the waiver applies; and

      ‘(4) the government submits to the Secretary a brief description of the auditing standards used under the relevant State or local law and specification of the payment period to which the waiver applies.

    ‘(c) WAIVER BY SECRETARY- Under regulations of the Secretary, the Secretary may waive any requirement under subsection (a)(1) or (b) for a unit of general local government for a fiscal year if the Secretary decides that the financial statements of the government for the year--

      ‘(1) cannot be audited, and the government shows substantial progress in making the statements auditable; or

      ‘(2) have been audited by a State agency that does not follow generally accepted auditing standards issued by the Comptroller General of the United States or that is not independent, and the State agency shows progress in meeting those auditing standards or in becoming independent.

    ‘(d) SERIES OF AUDITS- A series of audits carried out over a period of not more than 3 years covering the total amount in the financial accounts of a unit of general local government is deemed to be a single audit under subsections (a)(1) and (b) of this section.

    ‘(e) AUDIT OPINION- An opinion of an audit carried out under this section shall be provided to the Secretary in the form and at times required by the Secretary. No later than 30 days following the completion of the audit, the unit of general local government shall make the audit report available for public inspection.

    ‘(f) INVESTIGATIONS BY SECRETARY- (1) The Secretary shall maintain regulations providing reasonable and specific time limits for the Secretary to--

      ‘(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) The maximum time limit under paragraph (1)(A) is 90 days.

    ‘(g) 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.

‘Sec. 6719. Reports

    ‘(a) REPORTS BY SECRETARY OF TREASURY TO CONGRESS- Before June 2 of each year, 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 sections 6702 and 6718 (a), (b), and (d), including a description of the kind and extent of noncompliance and actions taken to ensure the independence of audits conducted under section 6718 (a), (b), and (d);

        ‘(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 OF TREASURY- (1) 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) 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.

    ‘(c) REGULATIONS- The Secretary shall prescribe regulations for applying this section to units of general local government that do not adopt budgets.

‘Sec. 6720. Definitions and application

    ‘(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 1994 and 1995;

      ‘(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;

      ‘(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, 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 the Treasury.

    ‘(b) 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.

    ‘(c) 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) DEFICIT NEUTRALITY- Any appropriation to carry out the amendment made by this subtitle to title 31, United States Code, for fiscal year 1995 or 1996 shall be offset by cuts elsewhere in appropriations for that fiscal year.

SEC. 1076. CLERICAL 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:

6701’.

Subtitle J--Employment and Skills Crime Prevention

SEC. 1081. STATEMENT OF PURPOSE.

    (a) PURPOSE- The purpose of this subtitle is to reduce crime in neighborhoods with high incidences of crime and poverty through intensive programs that provide employment opportunities for young adults in those neighborhoods.

    (b) DEFINITION- As used in this subtitle, ‘high crime area’ means an area with severe crime problems, including a high incidence of violent crime or drug trafficking.

SEC. 1082. PROGRAM AUTHORIZED.

    The Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development, and in consultation with appropriate other Federal officials, may make grants to local governments to fund targeted youth employment and skills development projects to help reduce crime in target areas as defined in section 1083.

SEC. 1083. PROGRAM TARGET AREA.

    The target area or areas of each grant shall be neighborhoods which are high crime areas with high unemployment among young adults and other serious economic and social problems.

SEC. 1084. PARTICIPANTS.

    (a) ELIGIBLE POPULATION- Young adults residing or attending school in the target area shall be eligible to participate in programs funded under this subtitle if they are between 16 and 25 years of age. In certain circumstances, as determined by the Attorney General and the Secretaries of Labor and Housing and Urban Development (referred to in this subtitle as the ‘Secretaries’), young adults up to age 30 and youth age 14 to 15 may also be eligible to participate.

    (b) RESPONSIBLE BEHAVIOR BY PARTICIPANTS- Continued participation in a program under this subtitle shall be conditioned, during participation in the program, on the following--

      (1) avoiding crime, including illegal drug use;

      (2) regular attendance and satisfactory performance at work;

      (3) paying child support when paternity has been established and the participant has an income;

      (4) in-school young adults in high school remaining in school until graduation; and

      (5) requiring young adults ages 16-17 who have dropped out of high school and who have not obtained a General Equivalency Diploma (GED) to return to school or an alternative education program.

SEC. 1085. ALLOWABLE ACTIVITIES.

    (a) EXPENDITURE OF FUNDS- Funds awarded under this subtitle shall be expended only for crime prevention related activities undertaken to carry out an approved application, such as--

      (1) apprenticeship programs linking work and learning;

      (2) on-the-job training in the private sector;

      (3) youth conservation and service corps;

      (4) programs emphasizing neighborhood infrastructure, such as YouthBuild and employment of public housing residents;

      (5) work experience in private nonprofit organizations and public agencies;

      (6) entrepreneurial and microenterprise development;

      (7) crime prevention and security measures for profit and not-for-profit businesses employing substantial numbers of youth from high crime areas;

      (8) transportation links to jobs in the labor market area;

      (9) initiatives to increase the educational attainment, occupational skills, and career aspirations of target area young adults, including work-based learning; and

      (10) job placement and related case management, followup, and other supportive services.

    (b) WORK EXPERIENCE PROGRAMS- Work experience programs funded under this subtitle shall--

      (1) pay wages in accordance with the Fair Labor Standards Act and relevant State law;

      (2) include adequate supervision, equipment, and materials and supplies to accomplish useful work projects;

      (3) include a private sector job development component to facilitate the transition of participants to private sector jobs, which shall include developing portfolios of skill attainment, mentorship opportunities, and other efforts to increase job networks for participants; and

      (4) include an extensive job placement component.

    (c) 2-YEAR LIMITATION- The combination of all subsidized employment for a participant shall not exceed 2 years.

SEC. 1086. APPLICATION FOR GRANTS.

    (a) APPLICATION PLAN- To be eligible to receive a grant under this subtitle, a chief local elected official, with the timely review and comment of the Governor, shall apply to the Secretary of Labor for a Youth Employment and Skills Crime Prevention grant by submitting an application that contains a plan for reducing crime by substantially increasing the employment levels of youth adults in the target area. Such a plan shall--

      (1) describe the measurable outcomes that will be used to evaluate the local success of the program, including reduced crime and substance abuse, increased private sector employment, reduced school dropout rates, and increased educational attainment;

      (2) specify the organization that will administer the program;

      (3) describe the specific employment programs that will be offered by the program;

      (4) describe the public/private partnership that will promote collaboration between the State and local governments, private sector, public housing authorities, local residents, community-based organizations, and nonprofit organizations, including linkage with community policing, gang prevention activities, and juvenile justice or delinquency prevention initiatives;

      (5) specify how the public and private sectors will work together to assist youth and young adults to make the transition from subsidized to unsubsidized jobs;

      (6) describe how links to jobs throughout the labor market area will be provided;

      (7) specify the manner in which the job network for youth and young adults will be expanded by mentors and other programs; and

      (8) such other information as the Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development may require.

    (b) COORDINATION WITH OTHER FEDERAL PROGRAMS- The application must demonstrate that the proposed Youth Employment and Skills Crime Prevention program will build upon and be coordinated with other Federal initiatives relating to such matters as crime control and prevention, youth employment, education, economic development, community service, or social services.

    (c) LEVERAGING AND LINKAGES- As a condition of a grant award, local areas shall establish linkages with the local private sector, local employment and job training programs, and other appropriate entities to enhance the provision of services under this subtitle. Such activities may include leveraging by and linkages with--

      (1) the local private sector to--

        (A) develop a mentoring program to improve the job network for young adults in the target area;

        (B) develop a specified number of career-track jobs for young adults graduating from high school and college in the target area;

        (C) develop part-time jobs to support young adults while they are receiving job training, or secondary or post-secondary education; and

        (D) develop apprenticeship programs with unions that provide matching funds to create training and employment opportunities;

      (2) the local service delivery area under the Job Training Partnership Act to identify funds--

        (A) for on-the-job training and work-based training programs, based on successful program models, for residents of the target area;

        (B) to develop a summer jobs program for in-school young adults residing in the target area;

        (C) for new youth initiatives in the target area; and

        (D) for child care and supportive services;

      (3) local programs to provide employment services and supportive services, such as transportation service to link target area residents to jobs in the labor market area; and

      (4) the local educational agency to provide activities that will support the program and assist in achieving the goals specified in the application.

SEC. 1087. AWARD PRIORITIES.

    In evaluating the applications submitted under this subtitle, the Secretaries and the Attorney General shall give priority to applications that--

      (1) demonstrate extensive community support and linkages to crime prevention programs and employment related programs;

      (2) target areas that include public and assisted housing projects;

      (3) demonstrate evidence of severe social and economic problems;

      (4) demonstrate the highest quality program design, implementation plan, and goals to be achieved; and

      (5) include other Federal and non-Federal funding, including State, local, or private resources.

SEC. 1088. GRANT DURATION AND NUMBER.

    (a) DURATION OF GRANTS- Grants shall be for 1 year, and renewable for each of the 4 succeeding years.

    (b) NUMBER OF GRANTS- There shall be no more than 10 grants awarded under this subtitle.

SEC. 1089. FEDERAL RESPONSIBILITIES.

    (a) IN GENERAL- The Secretary of Labor in conjunction with the Attorney General and the Secretary of Housing and Urban Development shall establish a system of performance measures for assessing programs established pursuant to this subtitle.

    (b) EVALUATION- The Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development shall conduct a rigorous national evaluation of Youth Employment and Skills Crime Prevention programs funded under this subtitle that will track and assess the effectiveness of those programs, and include an evaluation of the extent to which such programs reduce crime and substance abuse, enhance the employment and earnings of participants, promote entrepreneurship, reduce dropout rates, and increase educational attainment. The evaluation may include cost-benefit analyses and shall utilize sound statistical methods and techniques.

    (c) TECHNICAL ASSISTANCE- The Secretary of Labor in conjunction with the Attorney General and the Secretary of Housing and Urban Development may provide appropriate technical assistance to carry out Youth Employment and Skills Crime Prevention programs under this subtitle.

    (d) ADMINISTRATION- The technical assistance and evaluations authorized by this section may be carried out directly by the Secretary of Labor or through grants, contracts, or other cooperative arrangements with the Attorney General, the Secretary of Housing and Urban Development, or other entities or agencies.

SEC. 1090. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATION- There are authorized to be appropriated to the Secretary of Labor $75,000,000 for fiscal year 1995, $100,000,000 for fiscal year 1996, $110,000,000 for fiscal year 1997, $115,000,000 for fiscal year 1998, and $125,000,000 for fiscal year 1999 to carry out this subtitle.

    (b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to this section are authorized to remain available for obligation until expended.

    (c) EVALUATIONS AND TECHNICAL ASSISTANCE- Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development may reserve not more than 5 percent of such amounts for each fiscal year to carry out evaluations and technical assistance.

SEC. 1091. SANCTIONS.

    The Secretary of Labor may terminate or suspend financial assistance, in whole or in part, to a recipient or refuse to extend a grant for a recipient, if the Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development determines that the recipient has failed to meet the requirements of this subtitle, or any regulations or guidelines under this subtitle, or any approved application submitted pursuant to this subtitle.

SEC. 1092. LABOR STANDARDS.

    Labor standards under the Job Training Partnership Act (29 U.S.C. 1553) shall apply to programs under this subtitle.

SEC. 1093. REGULATIONS OR GUIDELINES.

    The Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development shall issue such regulations or guidelines as may be necessary to carry out the purposes of this subtitle.

SEC. 1094. WAIVERS.

    The Secretary of Labor in conjunction with the Attorney General and Secretary of Housing and Urban Development may prescribe regulations or guidelines that establish criteria for waiver of application requirements of programs to the extent that they duplicate or conflict with the requirements specified in similar laws.

SEC. 1095. PROHIBITION ON PRIVATE RIGHTS OF ACTION.

    Nothing in this subtitle shall be construed to establish a right for any person to bring an action to obtain services under this subtitle.

SEC. 1096. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.

    The Secretaries and Attorney General are authorized, in carrying out this subtitle, to accept, purchase, or lease in the name of the Department of Justice or the Department of Labor or the Department of Housing and Urban Development, and employ or dispose of in furtherance of the purposes of this subtitle, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31.

Subtitle K--Miscellaneous

SEC. 1098. MULTIJURISDICTIONAL GANG TASK FORCES.

    Section 504(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting ‘or multijurisdictional gang task forces’ after ‘drug task forces’.

TITLE XI--YOUTH VIOLENCE

SEC. 1101. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF VIOLENCE.

    (a) PROSECUTION AS ADULTS- The 4th undesignated paragraph of section 5032 of title 18, United States Code, is amended by striking ‘; however’ and inserting ‘. In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c) of this title, ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’. Notwithstanding sections 1152 and 1153 of this title, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country as defined in section 1151 of this title, and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However’.

    (b) FEDERAL PRIORITY IN DEALING WITH CERTAIN CRIMES- The first undesignated paragraph of section 5032 of title 18, United States Code, is amended by inserting ‘ or an offense that is a crime of violence under section 113(a), 113(b), 113(c), 1111, 1113, or if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c) of this title’ after ‘not exceed six months’.

SEC. 1102. COMMENCEMENT OF JUVENILE PROCEEDING.

    Section 5032 of title 18, United States Code, is amended by striking ‘Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until’ and inserting ‘A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until’.

SEC. 1103. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended by inserting ‘, whether pursuant to an adjudication of delinquency or conviction for an offense,’ after ‘committed’ the first place it appears.

TITLE XII--CHILD SEXUAL ABUSE PREVENTION ACT OF 1994

SEC. 1201. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.

    (a) IMPORT RELATED OFFENSE- Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 2259. Production of sexually explicit depictions of a minor for importation into the United States

    ‘(a) USE OF MINOR- A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c).

    ‘(b) USE OF VISUAL DEPICTION- A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c).

    ‘(c) PENALTIES- A person who violates subsection (a) or (b), or conspires or attempts to do so--

      ‘(1) shall be fined under this title, imprisoned not more than 10 years, or both; and

      ‘(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.’.

    (b) TECHNICAL AMENDMENT-

      (1) CHAPTER ANALYSIS- The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘2259. Production of sexually explicit depictions of a minor for importation into the United States.’.

      (2) FINE PROVISIONS- Section 2251(d) of title 18, United States Code, is amended--

        (A) by striking ‘not more than $100,000, or’ and inserting ‘under this title,’;

        (B) by striking ‘not more than $200,000, or’ and inserting ‘under this title,’; and

        (C) by striking ‘not more than $250,000’ and inserting ‘under this title’.

    (c) SECTION 2251 PENALTY ENHANCEMENT- Section 2251(d) of title 18, United States Code, is amended by striking ‘this section’ the second place it appears and inserting ‘this chapter or chapter 109A’.

    (d) SECTION 2252 PENALTY ENHANCEMENT- Section 2252(b)(1) of title 18, United States Code, is amended by striking ‘this section’ and inserting ‘this chapter or chapter 109A’.

    (e) CONSPIRACY AND ATTEMPT- Sections 2251(d) and 2252(b) of title 18, United States Code, are each amended by inserting ‘, or attempts or conspires to violate,’ after ‘violates’ each place it appears.

    (f) RICO AMENDMENT- Section 1961(l) of title 18, United States Code, is amended by striking ‘2251-2252’ and inserting ‘2251, 2252, and 2259’.

    (g) TRANSPORTATION OF MINORS- Chapter 117 of title 18, United States Code, is amended--

      (1) by adding at the end the following new section:

‘Sec. 2425. Travel with intent to engage in a sexual act with a juvenile

    ‘A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2245) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 10 years, or both.’; and

      (2) in the table of sections at the beginning, by adding at the end the following new item:

      ‘2425. Travel with intent to engage in a sexual act with a juvenile.’.

SEC. 1202. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD PORNOGRAPHY.

    It is the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under 18 years of age engaging in sexually explicit conduct (as defined in section 2256 of title 18, United States Code) and providing for a maximum imprisonment of at least 1 year and for the forfeiture of assets used in the commission or support of, or gained from, such offenses.

TITLE XIII--JACOB WETTERLING CRIMES AGAINST CHILDREN REGISTRATION ACT

SEC. 1301. ESTABLISHMENT OF PROGRAM.

    (a) In General-

      (1) STATE GUIDELINES- The Attorney General shall establish guidelines for State programs requiring any person who is convicted of a criminal offense against a victim who is a minor to register a current address with a designated State law enforcement agency for 10 years after release from prison, or being placed on parole, supervised release, or probation.

      (2) DEFINITION- For purposes of this subsection, the term ‘criminal offense against a victim who is a minor’ means any criminal offense that consists of--

        (A) kidnapping of a minor, except by a parent;

        (B) false imprisonment of a minor, except by a parent;

        (C) criminal sexual conduct toward a minor;

        (D) solicitation of a minor to engage in sexual conduct;

        (E) use of a minor in a sexual performance;

        (F) solicitation of a minor to practice prostitution;

        (G) any conduct that by its nature is a sexual offense against a minor; or

        (H) an attempt to commit an offense described in any of subparagraphs (A) through (G) of this paragraph, if the State--

          (i) makes such an attempt a criminal offense; and

          (ii) chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section.

    (b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SUPERVISED RELEASE, OR PROBATION- An approved State registration program established under this section shall contain the following requirements:

      (1) DUTY OF STATE PRISON OFFICIAL OR COURT- If a person who is required to register under this section is released from prison, or placed on parole, supervised release, or probation, a State prison officer, or in the case of probation, the court, shall--

        (A) inform the person of the duty to register and obtain the information required for such registration;

        (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing within 10 days;

        (C) inform the person that if the person changes residence to another State, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new State not later than 10 days after establishing residence in the new State, if the new State has a registration requirement;

        (D) obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and

        (E) require the person to read and sign a form stating that the duty of the person to register under this section has been explained.

      (2) TRANSFER OF INFORMATION TO STATE AND THE F.B.I- The officer, or in the case of a person placed on probation, the court, shall, within 3 days after receipt of information described in paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. The State law enforcement agency shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.

      (3) ANNUAL VERIFICATION- On each anniversary of a person’s initial registration date during the period in which the person is required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. The person shall mail the verification form to the designated State law enforcement agency within 10 days after receipt of the form. The verification form shall be signed by the person, and state that the person still resides at the address last reported to the designated State law enforcement agency. If the person fails to mail the verification form to the designated State law enforcement agency within 10 days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed his or her residence address.

      (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN ADDRESS- Any change of address by a person required to register under this section reported to the designated State law enforcement agency shall immediately be reported to the appropriate law enforcement agency having jurisdiction where the person is residing. The designated law enforcement agency shall, if the person changes residence to another State, notify the person of the law enforcement agency with which the person must register in the new State, if the new State has a registration requirement.

      (5) PRIVACY OF DATA- The information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to law enforcement agencies for investigative purposes or to government agencies conducting confidential background checks with fingerprints on applicants for child care positions or other positions involving contact with children.

    (c) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE- A person who has been convicted of an offense which triggered registration in a State shall register the new address with a designated law enforcement agency in another State to which the person moves not later than 10 days after such person establishes residence in the new State, if the new State has a registration requirement.

    (d) REGISTRATION FOR 10 YEARS- A person required to register under this section shall continue to comply with this section until 10 years have elapsed since the person was released from prison, or placed on parole, supervised release, or probation.

    (e) PENALTY- A person required to register under a State program established pursuant to this section who knowingly fails to so register and keep such registration current shall be subject to criminal penalties in any State in which the person has so failed.

    (f) COMPLIANCE-

      (1) COMPLIANCE DATE- Each State shall have 3 years from the date of the enactment of this Act in which to implement this section.

      (2) INELIGIBILITY FOR FUNDS- The allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with the guidelines issued under this section 3 years after the date of enactment of this Act may be reduced by 10 percent and the unallocated funds shall be reallocated to the States in compliance with this section.

TITLE XIV--COMMUNITY POLICING

SEC. 1401. 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 by inserting after part S (as added by section 2301(a)) the following new part:

‘PART T--PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’

‘SEC. 2001. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS.

    ‘(a) GRANT AUTHORIZATION- The Attorney General is authorized to make grants to States and units of local government, and to other public and private entities, 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 AND HIRING GRANT PROJECTS- Grants made under the authority of subsection (a) of this section may be used for programs, projects, and other activities to--

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

      ‘(2) hire and train new, additional career law enforcement officers (including cadets and trainees) for deployment in community-oriented policing across the Nation.

    ‘(c) ADDITIONAL GRANT PROJECTS- Grants made under the authority of subsection (a) of this section also 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;

      ‘(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; and

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

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

    ‘(e) TECHNICAL ASSISTANCE- (1) The Attorney General may provide technical assistance to States and units of local government, and to other public and private entities, in furtherance of the purposes of this part.

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

    ‘(3) 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, and supervisors concerning community or problem-oriented policing and improvements in police-community interaction and cooperation that further the purposes of this part.

    ‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OFFICES AND SERVICES- The Attorney General may utilize any office or service of the Department of Justice in carrying out this part.

    ‘(g) MINIMUM AMOUNT- Each qualifying State, together with grantees within the State, shall receive in each fiscal year pursuant to subsection (a) of this section not less than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant to such subsection. As used 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.

    ‘(h) MATCHING FUNDS- The portion of the costs of a program, project, or activity provided by a grant under subsection (a) of this section 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 one year for hiring or re-hiring career law enforcement officers, the Federal share shall decrease from year to year, looking towards 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 2002(c)(8) of this part.

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

    ‘(j) 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 six years from the date of enactment of this part. Prior to the expiration of this grant authority, the Attorney General shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for amendments to this part and related provisions of law in light of the termination of the authority to make grants for the hiring and rehiring of additional career law enforcement officers.

‘SEC. 2002. 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) FORM AND CONTENT OF 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) COMPLIANCE WITH REGULATIONS OR GUIDELINES- 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) of this part;

      ‘(2) demonstrate a specific public safety need;

      ‘(3) explain the locality’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; and

      ‘(8) if the application is for a grant for hiring or rehiring additional career law enforcement officers--

        ‘(A) specify plans for the assumption by the grantee of a progressively larger share of the cost in the course of time, looking towards the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support;

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

        ‘(C) explain how the grant will be utilized to re-orient the affected law enforcement agency’s mission towards community-oriented policing or enhance its involvement in or commitment to community-oriented policing; and

        ‘(D) ensure that, to the extent practicable, grantees seek and recruit members of racial, ethnic, and gender minority groups whose representation in the law enforcement agency for which funds are sought is less than in the general population qualified for such employment in such jurisdiction.

‘SEC. 2003. REVIEW OF APPLICATIONS BY STATE OFFICE.

    ‘(a) IN GENERAL- Except as provided in subsection (c) or (d), an applicant for a grant under this part shall submit an application to the State office designated under section 507 of this title in the State in which the applicant is located for initial review.

    ‘(b) INITIAL REVIEW OF APPLICATION- The State office referred to in subsection (a) of this section shall review applications for grants under this part submitted to it, based upon criteria specified by the Attorney General by regulation or guidelines, and rank such applications based upon the criteria specified by the Attorney General. The State office referred to in subsection (a) of this section shall submit the list along with all grant applications and supporting materials received to the Attorney General.

    ‘(c) DIRECT APPLICATION TO THE ATTORNEY GENERAL BY CERTAIN MUNICIPALITIES- Notwithstanding subsection (a) of this section, municipalities whose population exceeds 100,000 may submit an application for a grant under this part directly to the Attorney General. For purposes of this subsection, ‘municipalities whose population exceeds 100,000’ means units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 100,000, and consortia or associations that include one or more such units of local government or law enforcement agencies.

    ‘(d) DIRECT APPLICATION TO THE ATTORNEY GENERAL BY OTHER APPLICANTS- Notwithstanding subsection (a) of this section, if a State chooses not to carry out the functions described in subsection (b) of this section, an applicant in the State may submit an application for a grant under this part directly to the Attorney General.

‘SEC. 2004. 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 two 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 five years, subject to the requirements of subsection (a) of this section, but notwithstanding the limitation in that subsection concerning the number of years for which grants may be renewed.

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

‘SEC. 2005. LIMITATION ON USE OF FUNDS.

    ‘(a) NON-SUPPLANTING REQUIREMENT- Funds made available under this part to States or 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 Federal funds, be made available from State or local sources.

    ‘(b) ADMINISTRATIVE COSTS- No more than 5 percent of the funds available under this part may be used for the costs of States in carrying out the functions described in section 2003(b) or other administrative costs.

    ‘(c) NON-FEDERAL COSTS- States and units of local government may use assets received through the assets forfeiture equitable sharing program to cover the non-Federal portion of programs, projects, and activities funded under this part.

    ‘(d) 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. 2006. PERFORMANCE EVALUATION.

    ‘(a) EVALUATION COMPONENTS-

      ‘(1) Each program, project, or activity funded under this part shall contain an evaluation component, developed pursuant to guidelines established by the Attorney General.

      ‘(2) The evaluations required by paragraph (1) shall include outcome measures that can be used to determine the effectiveness of the funded programs, projects, activities and a description of the geographic dispersion, and racial, ethnic, and gender diversity of rehired and new employees. Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work.

    ‘(b) PERIODIC REVIEW AND REPORTS- The Attorney General shall review the performance of each grant recipient under this part. The Attorney General may require a grant recipient to submit to the Attorney General the results of the evaluations required under subsection (a) and such other data and information as the Attorney General deems reasonably necessary to carry out the responsibilities under this subsection.

‘SEC. 2007. REVOCATION OR SUSPENSION OF FUNDING.

    ‘If the Attorney General determines, as a result of the reviews required by section 2006 of this part, 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 2002 of this part, the Attorney General may revoke or suspend funding of that grant, in whole or in part.

‘SEC. 2008. 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, as well as the pertinent books, documents, papers, or records of States and units of local government, 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- The provisions of subsection (a) of this section shall also 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. 2009. GENERAL REGULATORY AUTHORITY.

    ‘The Attorney General is authorized to promulgate regulations and guidelines to carry out this part.

‘SEC. 2010. DEFINITION.

    ‘For the purposes of this part, the term ‘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.’.

    (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 inserting after the matter relating to part S (as added by section 2301(b)) the following:

‘Part T--Public Safety and Community Policing; ‘Cops on the Beat’

      ‘Sec. 2001. Authority to make public safety and community policing grants.

      ‘Sec. 2002. Applications.

      ‘Sec. 2003. Review of applications by State office.

      ‘Sec. 2004. Renewal of grants.

      ‘Sec. 2005. Limitation on use of funds.

      ‘Sec. 2006. Performance evaluation.

      ‘Sec. 2007. Revocation or suspension of funding.

      ‘Sec. 2008. Access to documents.

      ‘Sec. 2009. General regulatory authority.

      ‘Sec. 2010. Definition.’.

SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATION- 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 T.’; and

      (2) by adding after paragraph (13) (as added by section 2302) the following:

    ‘(14)(A) There are authorized to be appropriated to carry out part T, to remain available until expended, $200,000,000 for fiscal year 1994 and $650,000,000 for each of the fiscal years 1995, 1996, 1997, 1998, and 1999.

    ‘(B) Of funds available under part T in any fiscal year, up to 5 percent may be used for technical assistance under section 2001(e) or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes of part T, and up to 5 percent may be used for the costs of States in carrying out the functions described in section 2003(b) or other administrative costs. Of the remaining funds, 50 percent shall be allocated for grants pursuant to applications submitted as provided in section 2003(a) or (d), and 50 percent shall be allocated for grants pursuant to applications submitted as provided in section 2003(c). Of the funds available in relation to grants pursuant to applications submitted as provided in section 2003(a) or (d), at least 85 percent shall be applied to grants for the purposes specified in section 2001(b), and no more than 15 percent may be applied to other grants in furtherance of the purposes of part T. Of the funds available in relation to grants pursuant to applications submitted as provided in section 2003(c), at least 85 percent shall be applied to grants for the purposes specified in section 2001(b), and no more than 15 percent may be applied to other grants in furtherance of the purposes of part T.

    ‘(C) Notwithstanding the provisions of section 2003, no funds allocated for grants pursuant to applications submitted as provided under subsections (a) or (d) of section 2003 shall be allocated for grants to a municipality (as defined in section 2003(c)).’.

TITLE XV--DNA IDENTIFICATION

SEC. 1501. SHORT TITLE.

    This title may be cited at the ‘DNA Identification Act of 1994’.

SEC. 1502. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.

    (a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM- Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--

      (1) in paragraph (20) by striking ‘and’ at the end,

      (2) in paragraph (21) by striking the period at the end and inserting ‘; and’, and

      (3) by adding at the end the following:

      ‘(22) developing or improving in a forensic laboratory a capability to analyze deoxyribonucleic acid (hereinafter in this title referred to as ‘DNA’) for identification purposes.’.

    (b) STATE APPLICATIONS- Section 503(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end thereof the following new paragraph:

      ‘(12) If any part of a grant made under this part is to be used to develop or improve a DNA analysis capability in a forensic laboratory, a certification that--

        ‘(A) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 3 of the DNA Identification Act of 1994;

        ‘(B) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only--

          ‘(i) to criminal justice agencies for law enforcement identification purposes;

          ‘(ii) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or

          ‘(iii) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and

        ‘(C) such laboratory, and each analyst performing DNA analyses at such laboratory, will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 3 of the DNA Identification Act of 1994.’.

    (c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following:

      ‘(11) There are authorized to be appropriated for each of the fiscal years 1994 through 1998 $10,000,000 for grants to the States for DNA analysis.’.

SEC. 1503. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.

    (a) PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS- (1) Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall appoint an advisory board on DNA quality assurance methods. The Director shall appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. The advisory board shall include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology. The advisory board shall develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.

    (2) The Director of the Federal Bureau of Investigation, after taking into consideration such recommended standards, shall issue (and revise from time to time) standards for quality assurance, including standards for testing the proficiency of forensic laboratories, and forensic analysts, in conducting analyses of DNA.

    (3) The standards described in paragraphs (1) and (2) shall specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories. The standards shall also include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably.

    (4) Until such time as the advisory board has made recommendations to the Director of the Federal Bureau of Investigation and the Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director’s standards for purposes of this section.

    (b) ADMINISTRATION OF THE ADVISORY BOARD- For administrative purposes, the advisory board appointed under subsection (a) shall be considered an advisory board to the Director of the Federal Bureau of Investigation. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the advisory board appointed under subsection (a). The board shall cease to exist on the date 5 years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the Federal Bureau of Investigation.

SEC. 1504. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA IDENTIFICATION INFORMATION.

    (a) IN GENERAL- The Director of the Federal Bureau of Investigation may establish an index of--

      (1) DNA identification records of persons convicted of crimes;

      (2) analyses of DNA samples recovered from crime scenes; and

      (3) analyses of DNA samples recovered from unidentified human remains.

    (b) CONTENT OF INDEX- Such index may include only information on DNA identification records and DNA analyses that are--

      (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 3 of the DNA Identification Act of 1994;

      (2) prepared by laboratories, and DNA analysts, that undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 3 of the DNA Identification Act of 1994; and

      (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that allow disclosure of stored DNA samples and DNA analyses only--

        (A) to criminal justice agencies for law enforcement identification purposes;

        (B) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or

        (C) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

    (c) EXCHANGE SUBJECT TO CANCELLATION- The exchange of records authorized by this section is subject to cancellation if the quality control and privacy requirements described in subsection (b) of this section are not met.

SEC. 1505. FEDERAL BUREAU OF INVESTIGATION.

    (a) PROFICIENCY TESTING REQUIREMENTS-

      (1) GENERALLY- Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 3(a). Within one year of the date of enactment of this Act, the Director of the Federal Bureau of Investigation shall arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the Federal Bureau of Investigation laboratory. As used in this paragraph, the term ‘blind external test’ means a test that is presented to the laboratory through a second agency and appears to the analysts to involve routine evidence.

      (2) REPORT- For five years after the date of enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committees on the Judiciary of the House and Senate an annual report on the results of each of the tests referred to in paragraph (1).

    (b) PRIVACY PROTECTION STANDARDS-

      (1) GENERALLY- Except as provided in paragraph (2), the results of DNA tests performed for a Federal law enforcement agency for law enforcement purposes may be disclosed only--

        (A) to criminal justice agencies for law enforcement identification purposes; or

        (B) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.

      (2) EXCEPTION- If personally identifiable information is removed, test results may be disclosed for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.

    (c) CRIMINAL PENALTY- (1) Whoever--

      (A) by virtue of employment or official position, has possession of, or access to, individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency; and

      (B) willfully discloses such information in any manner to any person or agency not entitled to receive it;

    shall be fined not more than $100,000.

    (2) Whoever, without authorization, willfully obtains DNA samples or individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency shall be fined not more than $100,000.

SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Federal Bureau of Investigation $4,500,000 for each of fiscal years 1994 through 1998 to carry out sections 1503, 1504, and 1505 of this Act.

TITLE XVI--VIOLENCE AGAINST WOMEN

SECTION 1600. SHORT TITLE.

    This title may be cited as the ‘Violence Against Women Act of 1994’.

Subtitle A--Safe Streets for Women

SEC. 1601. SHORT TITLE.

    This subtitle may be cited as the ‘Safe Streets for Women Act of 1994’.

SEC. 1602. 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.) is amended by--

      (1) redesignating part Q as part R;

      (2) redesignating section 1701 as section 1801;

      and

      (3) adding after part P the following new part:

‘PART Q--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

    ‘(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to assist States, Indian tribes, and other eligible entities to develop effective law enforcement and prosecution strategies to combat violent crimes against women.

    ‘(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this part shall provide funds for personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women to reduce the rate of violent crime against women and specifically, for the purposes of--

      ‘(1) training law enforcement officers and prosecutors to identify and respond more effectively to violent crimes against women, including crimes of sexual assault and domestic violence;

      ‘(2) developing, training, or expanding units of law enforcement officers and prosecutors that specifically target 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, or services specifically devoted to the prevention of, identification of, and response to violent crimes against women, including the crimes of sexual assault and domestic violence;

      ‘(4) developing, installing, or expanding data collection systems, including computerized systems, linking police, prosecutors, and courts or identifying and tracking arrests, protection orders, prosecutions, and convictions for 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, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence; and

      ‘(6) aiding Indian tribe grantees, exclusively, in financing the Violence Against Women Act of 1994.

‘SEC. 1702. STATE GRANTS.

    ‘(a) GENERAL GRANTS- The Director of the Bureau of Justice Assistance (hereinafter in this part referred to as the ‘Director’) is authorized to make grants to States, Indian tribes, units of local government, tribal organizations, and nonprofit nongovernmental victim services programs in the States or Indian country.

    ‘(b) APPLICATION REQUIREMENTS- Applications shall include--

      ‘(1) documentation from prosecution, law enforcement, and victim services programs to be assisted that demonstrates--

        ‘(A) the need for grant funds;

        ‘(B) the intended use of grant funds; and

        ‘(C) the expected results;

      ‘(2) proof of compliance with the requirements for the payment of forensic medical exams provided pursuant to section 1603 of the Violence Against Women Act of 1994, except that Indian tribes are exempt from such requirement; and

      ‘(3) proof of compliance with the requirements for paying filing and service fees for domestic violence cases pursuant to section 1604 of the Violence Against Women Act of 1994.

    ‘(c) QUALIFICATION- Upon satisfying the terms of subsection (b), an eligible entity shall be eligible for funds provided under this part by--

      ‘(1) certifying that funds received under this part shall be used for the purposes outlined in section 1701(b); and

      ‘(2) certifying that grantees shall develop a plan, implement such plan, and otherwise consult and coordinate with nonprofit nongovernmental domestic violence and sexual assault victim services programs, law enforcement officials, victim advocates, prosecutors, and defense attorneys;

      ‘(3) providing documentation from the individuals and groups listed under paragraph (2) regarding their participation in development of a plan and involvement in the application process, as well as how such individuals and groups will be involved in implementation of the plan;

      ‘(4) providing assurances that the plan developed under paragraph (2) shall meet the needs of racial, cultural, ethnic, and language minority populations;

      ‘(5) providing assurances that prosecution, law enforcement, and nonprofit nongovernmental victim services programs in the community to be served by such plan each receive an equitable percentage of any funds allocated under this part; and

      ‘(6) providing assurances that 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 part.

    ‘(d) DISBURSEMENT OF FUNDS-

      ‘(1) IN GENERAL- Not later than 60 days after the receipt of an application under this part, the Director shall either disburse the appropriate sums provided for under this part or shall inform the applicant regarding why the application does not conform to the requirements of this section.

      ‘(2) RESPONSIBILITY OF DIRECTOR- In disbursing funds under this part, the Director shall issue regulations--

        ‘(A) to distribute funds equitably on a geographic basis, including nonurban and rural areas of varying geographic size; and

        ‘(B) 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.

    ‘(e) GRANTEE REPORTING- (1) Not later than March 31 of each year during which funds are received under this part, the grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of such activities in achieving the purposes of this part.

    ‘(2) The grantee shall arrange for assessments of the grantee’s program from all organizations and government entities that were involved in the design of the grant plan.

    ‘(3) Such assessments must be sent directly to the Director by the assessing entity.

    ‘(f) SUSPENSION OF FUNDING- The Director shall suspend funding for an approved application if--

      ‘(1) an applicant fails to submit an annual performance report;

      ‘(2) funds provided under this part are expended for purposes other than those set forth under this part; or

      ‘(3) grant reports or accompanying assessments demonstrate to the Director that the program is ineffective or financially unsound.

‘SEC. 1703. GENERAL DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘domestic violence’ means crimes of violence committed against a victim by a current or former spouse of the victim, an individual with whom the victim shares a child in common, an individual who is cohabiting with or has cohabited with the victim as a spouse, an individual similarly situated to a spouse, or any other individual who is protected under domestic or family violence laws of the jurisdiction that receives a grant under this part;

      ‘(2) the term ‘eligible entity’ means a State, unit of local government, Indian tribe, and a nonprofit, nongovernmental victims services program;

      ‘(3) the term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, 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.)), which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians;

      ‘(4) the term ‘Indian country’ has the meaning given to such term by section 1151 of title 18, United States Code;

      ‘(5) 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; and

      ‘(6) the term ‘victim services program’ means a nongovernmental nonprofit program that assists domestic violence or sexual assault victims, including nongovernmental nonprofit organizations such as rape crisis centers, battered women’s shelters, and other sexual assault and domestic violence programs, including nonprofit nongovernmental organizations assisting domestic violence and sexual assault victims through the legal process.

‘SEC. 1704. GENERAL TERMS AND CONDITIONS.

    ‘(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under sections 1702, the Attorney General may request any Federal agency, with or without reimbursement, to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support State, tribal, and local assistance efforts under this part.

    ‘(b) BUREAU REPORTING- Not later than 180 days after the end of each fiscal year for which grants are made under this part, the Director shall submit to the Congress a report that includes, for each State and Indian tribe--

      ‘(1) the amount of grants made under this part;

      ‘(2) a summary of the purposes for which grants were provided and an evaluation of progress; and

      ‘(3) an evaluation of the effectiveness of programs established with funds under this part.’.

    (b) 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 by adding after paragraph (10) the following:

    ‘(11) There are authorized to be appropriated for each of the fiscal years 1994 and 1995, $200,000,000 to carry out the purposes of part Q, with not less than 8 percent of such appropriation allotted specifically for Indian tribes.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ‘and O’ and inserting ‘O, and Q’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ‘or O’ and inserting ‘O, or Q’.

    (d) CONFORMING 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 matter relating to part Q and inserting the following:

‘Part Q--Grant to Combat Violent Crimes Against Women

      ‘Sec. 1701. Purpose of the program and grants.

      ‘Sec. 1702. State grants.

      ‘Sec. 1703. General definitions.

      ‘Sec. 1704. General terms and conditions.

‘Part R--Transition; Effective Date; Repealer

      ‘Sec. 1801. Continuation of rules, authorities, and proceedings’.

SEC. 1603. RAPE EXAM PAYMENTS.

    (a) RESTRICTION OF FUNDS- No State is entitled to funds under this title unless the State incurs the full out of pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault.

    (b) MEDICAL COSTS- A State shall be deemed to incur the full out of pocket cost of forensic medical exams for victims of sexual assault if such State--

      (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 State permits victims to apply to the State for reimbursement for not less than one year from the date of the exam;

        (C) the State provides reimbursement not later than 90 days after written notification of the victim’s expense; and

        (D) the State provides information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.

SEC. 1604. FILING COSTS FOR CRIMINAL CHARGES.

    No State is entitled to funds under this title unless the State certifies that their 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 that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.

SEC. 1605. EQUITABLE TREATMENT OF RAPE CASES.

    No State is entitled to funds under this title unless the State can certify that its laws and policies treat sex offenses committed by offenders who are known to, cohabitants of, social companions of, or related by blood or marriage to, the victim no less severely than sex offenses committed by offenders who are strangers to the victim.

SEC. 1606. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS 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 1602, is further amended by--

      (1) redesignating part R as part S;

      (2) redesignating section 1801 as section 1901;

      and

      (3) adding after part Q the following new part:

‘PART R--RAPE PREVENTION PROGRAMS

‘SEC. 1801. GRANT AUTHORIZATION.

    ‘The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) is authorized to make grants--

      ‘(1) to provide educational seminars, particularly developed with emphasis on seminars for elementary and secondary school age children, designed to develop an awareness of what acts meet the legal definition of rape;

      ‘(2) to provide programs for elementary and secondary school age children that teach nonviolent conflict resolution, self defense, or other relevant skills;

      ‘(3) to operate telephone hotlines for callers with questions regarding sexual assault and rape;

      ‘(4) to design and disseminate training programs for professionals, including the development and dissemination of protocols for the routine identification, treatment, and appropriate referral of victims of sexual assault by hospital emergency personnel and other professionals;

      ‘(5) to develop treatment programs for convicted sex offenders and make such programs available to the local community and to Federal and State prisons;

      ‘(6) to prepare and disseminate informational materials designed to educate the community regarding sexual assault and prevention; and

      ‘(7) to develop other projects to increase awareness and prevention of sexual assault, including efforts to increase awareness of sexual assault prevention among racial, ethnic, cultural and language minorities.

‘SEC. 1802. APPLICATIONS.

    ‘(a) IN GENERAL- To be eligible to receive a grant under this part, a duly authorized representative of an eligible entity shall submit an application to the Director in such form and containing such information as the Director may reasonably require.

    ‘(b) ASSURANCES- Each application must contain an assurance 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.

    ‘(c) REQUIRED PLAN- Each application shall include a plan that contains--

      ‘(1) a description of the projects to be developed;

      ‘(2) a description of how funds would be spent;

      ‘(3) a statement of staff qualifications and demonstrated expertise in the field of rape prevention and education; and

      ‘(4) a statement regarding the ability to serve community needs and language minority populations in providing ethnically and culturally and linguistically appropriate programs where necessary.

‘SEC. 1803. REPORTS.

    ‘(a) GRANTEE REPORTING- Upon completion of the grant period under this subpart, each grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of such activities in achieving the purposes of this subpart. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report.

    ‘(b) BUREAU REPORTING- Not later than 180 days after the end of each fiscal year for which grants are made under this subpart, the Director shall submit to the Congress a report that includes, for each grantee--

      ‘(1) the amount of grants made under this subpart;

      ‘(2) a summary of the purposes for which grants were provided and an evaluation of progress; and

      ‘(3) an evaluation of the effectiveness of programs established with funds under this part.

‘SEC. 1804. DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘eligible entity’ means a nonprofit, nongovernmental organization that directly serves or provides advocacy on behalf of victims of rape or sexual assault; and

      ‘(2) the term ‘sexual assault prevention and education’ means education and prevention efforts directed at reducing the number of sexual assaults.’.

    (b) AUTHORIZATION OF APPROPRIATION- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (11), as added by section 1602 of this Act, the following:

    ‘(12) There are authorized to be appropriated to carry out the purposes of part R, $60,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and $100,000,000 for fiscal year 1996.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 111 of this Act, is amended by striking ‘O, and Q’ and inserting ‘O, Q, and R’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 1602 of this Act, is amended by striking ‘O, or Q’ and inserting ‘O, Q, or R’.

    (d) CONFORMING 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 1602, is amended by striking the matter relating to part R and inserting the following:

‘Part R--Rape Prevention Programs

      ‘Sec. 1801. Grant authorization.

      ‘Sec. 1802. Applications.

      ‘Sec. 1803. Reports.

      ‘Sec. 1804. Definitions.

‘Part S--Transition; Effective Date; Repealer

      ‘Sec. 1901. Continuation of rules, authorities, and proceedings.’.

SEC. 1607. NATIONAL INSTITUTE OF JUSTICE TRAINING PROGRAMS.

    (a) IN GENERAL- The National Institute of Justice, 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 Director of the National Institute of Justice shall attempt, to the extent practicable, to make training programs developed under subsection (a) available in geographically diverse locations throughout the country.

    (c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $1,000,000 for each of the fiscal years 1994 and 1995 to carry out the provisions of this section.

SEC. 1608. 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 of the United States Code or for the commission of a similar offense, including halfway houses and psychiatric institutions.

SEC. 1609. VICTIM COMPENSATION.

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

‘Sec. 2246. Mandatory restitution for sex offenses

    ‘(a) IN GENERAL- Notwithstanding section 3663 of this title, 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) IN GENERAL- The order of restitution under this section shall direct that--

        ‘(A) the defendant pay to the victim the full amount of the victim’s losses as determined by the court, pursuant to paragraph (3) of this subsection; and

        ‘(B) the United States Attorney enforce the restitution order by all available and reasonable means.

      ‘(2) DEFINITIONS- As used in 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) lost income;

        ‘(D) attorneys’ fees, plus any costs incurred in obtaining a civil protection order;

        ‘(E) temporary housing;

        ‘(F) transportation;

        ‘(G) necessary child care;

        ‘(H) language translation services; and

        ‘(I) any other losses suffered by the victim as a proximate result of the offense.

      ‘(3) MANDATORY NATURE OF ORDER- (A) Restitution orders under this section are mandatory. 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.

      ‘(B) Subparagraph (A) of this paragraph 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 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.

      ‘(4) CONSIDERATION OF ECONOMIC CIRCUMSTANCES-

        ‘(A) IN GENERAL- Notwithstanding paragraph (3) of this subsection, 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, including--

          ‘(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.

        ‘(B) LUMP-SUM OR PARTIAL PAYMENT- An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. The order shall also provide that the defendant’s restitutionary obligation takes priority over any criminal fine ordered.

      ‘(5) 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.

    ‘(c) PROOF OF CLAIM-

      ‘(1) IN GENERAL- Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or 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 delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or delegate) shall advise the victim that the victim may file a separate affidavit.

      ‘(2) OBJECTIONS- If, after notifying the defendant of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) of this subsection 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 such Attorney’s delegate) 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.

      ‘(4) FINAL DETERMINATION OF LOSSES- In the event that the victim’s losses are not ascertainable 10 days prior to sentencing as provided in subsection (c)(1) of this section, the United States Attorney (or 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 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.’.

    (b) TABLE OF SECTIONS- The table of sections at the beginning of chapter 109A of title 18, United States Code, is amended by adding at the end the following:

      ‘2246. Mandatory restitution for sex offenses.’.

SEC. 1610. CAMPUS SEXUAL ASSAULT STUDY.

    (a) STUDY- The Attorney General 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), 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 noncampus 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;

      (6) an assessment of the policies and practices of educational institutions that are most effective 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 Committees on Education and Labor and the Judiciary of the House of Representatives and the Committees on Labor and Human Resources and the Judiciary of the Senate not later than September 1, 1995.

    (d) DEFINITION- For purposes of this subtitle, ‘campus sexual assaults’ means sexual assaults committed against or by students or employees of institutions of postsecondary education and occurring at such institutions or during activities connected with such institutions.

    (e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $200,000 to carry out the study required by this section.

Subtitle B--Safe Homes for Women

SEC. 1621. SHORT TITLE.

    This subtitle may be cited as the ‘Safe Homes for Women Act’.

SEC. 1622. INTERSTATE ENFORCEMENT.

    (a) IN GENERAL- Part I 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. 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 for chapter.

‘Sec. 2261. Interstate domestic violence

    ‘(a) Whoever travels across a State line or enters or leaves Indian country with the intent to contact that person’s spouse or intimate partner, and in the course of that contact 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) of this section.

    ‘(b) The punishment for a violation of subsection (a) of this section is a fine under this title, or imprisonment--

      ‘(1) for life or any term of years, if the offender murders the victim;

      ‘(2) for not more than 20 years, if the offender causes serious bodily injury to the victim;

      ‘(3) for not more than 10 years, if the offender uses a dangerous weapon during the offense;

      ‘(4) as provided for the applicable conduct under chapter 109A, if the offense constitutes sexual abuse, as described 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 such fine and imprisonment.

‘Sec. 2262. Violation of protection order

    ‘(a) Whoever travels across a State line or enters or leaves Indian country with the intent to engage in conduct that--

      ‘(1)(A) violates a protection order, any portion of which involves protection against credible threats of violence, repeated harassment, or bodily injury, to the person or persons for whom the protection order was issued, and--

      ‘(B) violates that portion of such protection order; or

      ‘(2) would violate paragraph (1) of this subsection if the conduct occurred in the jurisdiction in which such order was issued;

    and does engage in such conduct shall be punished as provided in subsection (b) of this section.

    ‘(b) The punishment for a violation of subsection (a) of this section is a fine under this title, or imprisonment--

      ‘(1) for life or any term of years, if the offender murders the victim;

      ‘(2) for not more than 20 years, if the offender causes serious bodily injury to the victim;

      ‘(3) for not more than 10 years, if the offender uses a dangerous weapon during the offense;

      ‘(4) as provided for the applicable conduct under chapter 109A, if the offense constitutes sexual abuse, as described 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 such fine and imprisonment.

‘Sec. 2263. Pretrial release of defendant

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

‘Sec. 2264. Restitution

    ‘(a) IN GENERAL- In addition to any fine or term of imprisonment provided under this chapter, and notwithstanding the terms of section 3663 of this title, the court shall order restitution to the victim of an offense under this chapter.

    ‘(b) Scope and Nature of Order-

      ‘(1) IN GENERAL- The order of restitution under this section shall direct that--

        ‘(A) the defendant pay to the victim the full amount of the victim’s losses as determined by the court, pursuant to paragraph (3) of this subsection; and

        ‘(B) the United States Attorney enforce the restitution order by all available and reasonable means.

      ‘(2) DEFINITION- As used in 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) lost income;

        ‘(D) attorneys’ fees, plus any costs incurred in obtaining a civil protection order;

        ‘(E) temporary housing;

        ‘(F) transportation;

        ‘(G) necessary child care;

        ‘(H) language translation services; and

        ‘(I) any other losses suffered by the victim as a proximate result of the offense.

      ‘(3) MANDATORY NATURE OF ORDER- (A) Restitution orders under this section are mandatory. 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.

      ‘(B) Subparagraph (A) of this paragraph 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 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.

      ‘(4) Consideration of economic circumstances-

        ‘(A) IN GENERAL- Notwithstanding paragraph (3) of this subsection, 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, including--

          ‘(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 offender, including obligations to dependents.

        ‘(B) LUMP-SUM OR PARTIAL PAYMENT- An order under this section may direct the defendant to make a single lump-sum payment, or partial payments at specified intervals. The order shall provide that the defendant’s restitutionary obligation takes priority over any criminal fine ordered.

      ‘(5) SETOFF- Any amount paid to a victim under this section shall be setoff 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.

    ‘(c) PROOF OF CLAIM-

      ‘(1) IN GENERAL- Within 60 days after conviction and, in any event, no 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 that affidavit.

      ‘(2) OBJECTIONS- If, after notifying the defendant of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) of this subsection 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 such Attorney’s delegate) to submit further affidavits or other supporting documents, demonstrating the victim’s losses.

      ‘(3) ADDITIONAL DOCUMENTATION OR 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.

      ‘(4) FINAL DETERMINATION OF LOSSES- In the event that the victim’s losses are not ascertainable 10 days before sentencing as provided in paragraph (1) of this subsection, the United States Attorney (or such Attorney’s delegate) shall so inform the court, and the court shall set a date for the final determination of the victims’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.

    ‘(d) RESTITUTION AND CRIMINAL PENALTIES- An award of restitution to the victim of an offense under this chapter is not a substitute for imposition of punishment under this chapter.

‘Sec. 2265. Full faith and credit given to protection orders

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

    ‘(b) PROTECTION ORDER- A protection order issued by a State or tribal court is consistent with this subsection if--

      ‘(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and

      ‘(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.

    ‘(c) CROSS OR COUNTER PETITION- A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if--

      ‘(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or

      ‘(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.

‘Sec. 2266. Definitions for chapter

    ‘As used in this chapter--

      ‘(1) the term ‘spouse or intimate partner’ includes--

        ‘(A) a spouse, a former spouse, a person who shares a child in common with the abuser, a person who cohabits or has cohabited with the abuser as a spouse, and any other person similarly situated to a spouse; and

        ‘(B) any other person, other than a minor child, who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides;

      ‘(2) the term ‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts by one spouse against his or her spouse, former spouse, or intimate partner, 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 an abused spouse or intimate partner;

      ‘(3) the term ‘State’ includes a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States;

      ‘(4) the term ‘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;

      ‘(5) the term ‘bodily harm’ means any act, except one done in self-defense, that results in physical injury or sexual abuse; and

      ‘(6) the term ‘Indian country’ has the meaning given to such term by section 1151 of this title.’.

    (b) TABLE OF CHAPTERS- The table of chapters at the beginning part 1 of title 18, United States Code, is amended by inserting after the item for chapter 110 the following new item:

2261.’.

SEC. 1623. 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 1606, is further amended by--

      (1) redesignating part S as part T;

      (2) redesignating section 1901 as section 2001; and

      (3) adding after part R the following new part:

‘PART S--GRANTS TO ENCOURAGE ARREST POLICIES

‘SEC. 1901. ARREST POLICIES.

    ‘(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to encourage States, Indian tribes, and units of local government to treat domestic violence as a serious violation of criminal law. The Director of the Bureau of Justice Assistance may make grants to eligible States, Indian tribes, or units of local government for the following:

      ‘(1) To implement mandatory arrest or proarrest programs, including mandatory arrest programs for protective 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 strengthen legal advocacy service programs for victims of domestic violence.

      ‘(5) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases.

    ‘(b) ELIGIBILITY- Eligible grantees are States, Indian tribes, or units of local government that--

      ‘(1) certify that their laws or official policies--

        ‘(A)(i) encourage or mandate arrest of domestic violence offenders based on probable cause that violence has been committed; or

        ‘(ii) certify that all their law enforcement personnel have received domestic violence training conducted by a State Domestic Violence Coalition as defined in section 10410(b) of title 42, United States Code; and

        ‘(B) 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 training programs discourage dual arrests of offender and victim;

      ‘(3) certify that their laws, policies, and practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed finding of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense;

      ‘(4) certify that their 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 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; and

      ‘(5) certify that their laws and policies treat sex offenses committed by offenders who are known to, cohabitants of, or social companions of or related by blood or marriage to, the victim no less severely than sex offenses committed by offenders who are strangers to the victim.

‘SEC. 1902. APPLICATIONS.

    ‘(a) APPLICATION- An eligible grantee shall submit an application to the Director that shall--

      ‘(1) describe plans to implement policies described in subsection (b);

      ‘(2) identify the agency or office or groups of agencies or offices responsible for carrying out the program; and

      ‘(3) include 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 Director shall give priority to an applicant that--

      ‘(1) does not currently provide for centralized handling of cases involving domestic violence by policy, prosecutors, and courts; and

      ‘(2) demonstrates a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence.

‘SEC. 1903. REPORTS.

    ‘Each grantee receiving funds under this part shall submit a report to the Director evaluating the effectiveness of projects developed with funds provided under this part and containing such additional information as the Director may prescribe.

‘SEC. 1904. DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘domestic violence’ means a crime of violence against a victim committed by a current or former spouse of the victim, an individual with whom the victim shares a child in common, an individual who cohabits with or has cohabited with the victim as a spouse, or any other individual similarly situated to a spouse, or any other person who is protected under the domestic or family violence laws of the eligible State, Indian tribe, municipality, or local government entity.

      ‘(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 and criminal courts (other than support or child custody provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.’.

    (b) 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 by adding after paragraph (12), as added by section 1602 of this Act, the following:

    ‘(13) There are authorized to be appropriated $25,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the purposes of part S.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 121 of this Act, is amended by striking ‘O, Q, and R’ and inserting ‘O, Q, R, and S’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 1606 of this Act, is amended by striking ‘O, Q, or R’ and inserting ‘O, Q, R, or S’.

    (d) EFFECTIVE DATE- The eligibility requirements provided in this section shall take effect 1 year after the date of enactment of this subtitle.

    (e) CONFORMING 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 1606, is further amended by striking the matter relating to part S and inserting the following:

‘Part S--Grants to Encourage Arrest Policies

      ‘Sec. 1901. Arrest policies.

      ‘Sec. 1902. Applications.

      ‘Sec. 1903. Reports.

      ‘Sec. 1904. Definitions.

‘Part T--Transition; Effective Date; Repealer

      ‘Sec. 2001. Continuation of rules, authorities, and proceedings.’.

Subtitle C--Domestic Violence

SEC. 1624. FINDINGS.

    The Congress finds that--

      (1) domestic violence is the leading cause of injury to women in the United States between the ages of 15 and 44;

      (2) firearms are used by the abuser in 7 percent of domestic violence incidents and produces an adverse effect on interstate commerce; and

      (3) individuals with a history of domestic abuse should not have easy access to firearms.

SEC. 1625. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.

    (a) INTIMATE PARTNER DEFINED- Section 921(a) of title 18, United States Code, is amended by inserting at the end the following:

    ‘(29) The term ‘intimate partner’ means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.’.

    (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS- Section 922(d) of such title is amended--

      (1) by striking ‘or’ at the end of paragraph (6);

      (2) by striking the period at the end of paragraph (7) and inserting ‘; or’; and

      (3) by inserting after paragraph (7) the following:

      ‘(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury, except that this paragraph shall only apply to a court order that (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate, and (B) includes a finding that such person represents a credible threat to the physical safety of such intimate partner.’.

    (c) PROHIBITION AGAINST RECEIPT OF FIREARMS- Section 922(g) of such title is amended--

      (1) by striking ‘or’ at the end of paragraph (6);

      (2) by inserting ‘or’ at the end of paragraph (7); and

      (3) by inserting after paragraph (7) the following:

      ‘(8) who is subject to a court order that--

        ‘(A) was issued after a hearing of which such person received actual or constructive notice, and at which such person had an opportunity to participate;

        ‘(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury; and

        ‘(C) includes a finding that such person represents a credible threat to the physical safety of such intimate partner,’.

    (d) STORAGE OF FIREARMS- Section 926(a) of such title is amended--

      (1) by striking ‘and’ at the end of paragraph (1);

      (2) by striking the period at the end of paragraph (2) and inserting ‘; and’; and

      (3) by inserting after paragraph (2) the following:

      ‘(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.’.

    (e) RETURN OF FIREARMS- Section 924(d)(1) of such title is amended by striking ‘the seized’ and inserting ‘or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished’.

SEC. 1626. ALIEN SPOUSE 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 clause:

    ‘(iii) An alien who is the spouse of a citizen of the United States, 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 children of the alien) 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, or

      ‘(II) the alien is residing in the United States with the alien’s spouse, the alien has been married to and residing with the spouse for a period of not less than 3 years, and the alien’s spouse has failed to file a petition under clause (i) on behalf of the alien.’; and

      (2) in subparagraph (B)--

        (A) by inserting ‘(i)’ after ‘(B)’, and

        (B) by adding at the end the following new clause:

    ‘(ii) An alien who is the spouse of an alien lawfully admitted for permanent residence, 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 children of the alien) under such section if the alien demonstrates to the Attorney General that the conditions described in subclause (I) or (II) of subparagraph (A)(iii) are met with respect to the alien.’.

    (b) CONFORMING AMENDMENTS- (1) Section 204(a)(2) of such 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 such 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 basis for revocation under section 205 of a petition filed under subsection (a)(1)(A)(iii)(I) 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, 1994.

SEC. 1627. 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 submitted in support of the application (whether or not the evidence is supported by an evaluation of a licensed mental health professional). 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 the enactment of this Act and shall apply to applications made before, on, or after such date.

SEC. 1628. SUSPENSION OF DEPORTATION.

    Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended--

      (1) at the end of paragraph (1) by striking ‘or’;

      (2) at the end of paragraph (2) by striking the period 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); is physically present in the United States; 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; 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.’.

Subtitle D--Miscellaneous Provisions

SEC. 1641. 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. 1642. 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.

SEC. 1643. ESTABLISHMENT OF TASK FORCE.

    Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a task force to be known as the Attorney General’s Task Force on Violence Against Women (referred to in this subtitle as the ‘Task Force’).

SEC. 1644. GENERAL PURPOSES OF TASK FORCE.

    (a) GENERAL PURPOSE OF THE TASK FORCE- The Task Force shall review Federal, State, and local strategies for preventing and punishing violent crimes against women, including the enhancement and protection of the rights of the victims of such crimes, and make recommendations to improve the response to such crimes.

    (b) FUNCTIONS- The Task Force shall perform such functions as the Attorney General deems appropriate to carry out the purposes of the Task Force, including--

      (1) evaluating the adequacy of, and making recommendations regarding, current law enforcement efforts at the Federal and State levels to reduce the rate of violent crimes against women;

      (2) evaluating the adequacy of, and making recommendations regarding, the responsiveness of State prosecutors and State courts to violent crimes against women;

      (3) evaluating the adequacy of State and Federal rules of evidence, practice, and procedure to ensure the effective prosecution and conviction of violent offenders against women and to protect victims from abuse in legal proceedings, making recommendations, where necessary, to improve those rules;

      (4) evaluating the adequacy of pretrial release, sentencing, incarceration, and post-conviction release for crimes that predominantly affect women, such as rape and domestic violence;

      (5) evaluating the adequacy of, and making recommendations regarding, the adequacy of State and Federal laws on sexual assault and the need for a more uniform statutory response to sex offenses, including sexual assaults and other sex offenses committed by offenders who are known or related by blood or marriage to the victim;

      (6) evaluating the adequacy of, and making recommendations regarding, the adequacy of State and Federal laws on domestic violence and the need for a more uniform statutory response to domestic violence;

      (7) evaluating the adequacy of, and making recommendations regarding, the adequacy of current education, prevention, and protection services for women victims of violent crimes;

      (8) assessing the issuance, formulation, and enforcement of protective orders, whether or not related to a criminal proceeding, and making recommendations for their more effective use in domestic violence and stalking cases;

      (9) assessing the problem of stalking and persistent menacing and recommending an effective Federal response to the problem;

      (10) evaluating the adequacy of, and making recommendations regarding, the national public awareness and the public dissemination of information essential to the prevention of violent crimes against women;

      (11) evaluating the treatment of women as victims of violent crime in the State and Federal criminal justice system, and making recommendations to improve such treatment; and

      (12) assessing the problem of sexual exploitation of women and youths through prostitution and in the production of pornography, and recommending effective means of response to the problem.

SEC. 1645. MEMBERSHIP.

    (a) CHAIR; NUMBER AND APPOINTMENT- The Task Force shall be chaired by the Attorney General (or designee). Not later than 60 days after the date of the enactment of this Act, after consultation with the Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Housing and Urban Development, the Attorney General shall select up to 14 other members to serve on the Task Force.

    (b) PARTICIPATION- The Attorney General (or designee) shall select, without regard to political affiliation, members who are specially qualified to serve on the Task Force based on their involvement in efforts to combat violence against women, assistance or service to victims of such violence, or other pertinent experience or expertise. The Attorney General shall ensure that the Task Force includes a broad base of participation by including members with backgrounds in such areas as law enforcement, victim services and advocacy, legal defense and prosecution, judicial administration, medical services, and counseling.

    (c) VACANCIES- The Attorney General may fill any vacancy that occurs on the Task Force.

SEC. 1646. TASK FORCE OPERATIONS.

    (a) MEETINGS- The Task Force shall hold its first meeting on a date specified by the Attorney General (or designee), but shall not be later than 60 days after the date of the enactment of this Act. After the initial meeting, the Task Force shall meet at the call of the Attorney General (or designee), but shall meet at least 6 times.

    (b) PAY- Members of the Task Force who are officers or employees or elected officials of a government entity shall receive no additional compensation by reason of their service on the Task Force.

    (c) PER DIEM- Except as provided in subsection (b), members of the Task Force shall be allowed travel and other expenses including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code.

SEC. 1647. REPORTS.

    (a) IN GENERAL- Not later than 1 year after the date on which the Task Force is fully constituted under section 1645, the Task Force shall prepare and submit a final report to the President and to congressional committees that have jurisdiction over legislation addressing violent crimes against women, including the crimes of domestic and sexual assault.

    (b) CONTENTS- The final report submitted under paragraph (1) shall contain a detailed statement of the activities of the Task Force and of the findings and conclusions of the Task Force, including such recommendations for legislation and administrative action as the Task Force considers appropriate.

SEC. 1648. EXECUTIVE DIRECTOR AND STAFF.

    (a) EXECUTIVE DIRECTOR-

      (1) APPOINTMENT- The Task Force shall have an Executive Director who shall be appointed by the Attorney General (or designee), with the approval of the Task Force.

      (2) COMPENSATION- The Executive Director shall be compensated at a rate not to exceed the maximum rate of the basic pay payable for a position above GS-15 of the General Schedule contained in title 5, United States Code.

    (b) STAFF- With the approval of the Task Force, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Task Force.

    (c) APPLICABILITY OF CIVIL SERVICE LAWS- The Executive Director and the additional personnel of the Task Force appointed under subsection (b) may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

    (d) CONSULTANTS- Subject to such rules as may be prescribed by the Task Force, the Executive Director may procure temporary or intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed $200 per day.

SEC. 1649. POWERS OF TASK FORCE.

    (a) HEARINGS- For the purposes of carrying out this subtitle, the Task Force may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Task Force considers appropriate. The Task Force may administer oaths for testimony before the Task Force.

    (b) DELEGATION- Any member or employee of the Task Force may, if authorized by the Task Force, take any action that the Task Force is authorized to take under this subtitle.

    (c) ACCESS TO INFORMATION- The Task Force may request directly from any executive department or agency such information as may be necessary to enable the Task Force to carry out this subtitle, on the request of the Attorney General (or designee).

    (d) MAILS- The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

SEC. 1650. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle $500,000 for fiscal year 1994.

SEC. 1651. TERMINATION.

    The Task Force shall cease to exist 30 days after the date on which its final report is submitted under section 1647.

SEC. 1652. PAYMENT OF COST OF STD TESTING 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 authorize the Director of the Office of Victims of Crime to provide for the payment of the cost of up to two tests of the victim for sexually transmitted diseases, including, but not limited to gonorrhea, herpes, chlamydia, syphilis, and HIV, 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.’.

SEC. 1653. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a) FINDINGS- Congress finds that--

      (1) 4,000,000 women are battered by their partners each year, of which 4,000 die as a result of such abuse;

      (2) victims of domestic violence need access to resources which will refer such victims and their children to safe homes and shelters; and

      (3) there is a need for a national domestic violence hotline to provide information and assistance to victims of domestic violence because a privately funded national domestic violence hotline which handled more than 65,000 crisis calls annually no longer exists.

    (b) IN GENERAL- The Attorney General, through the Bureau of Justice Assistance, shall provide a grant to a nonprofit private organization to establish and operate a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. A grant provided under this subsection may extend over a period of not more than 3 fiscal years and the provision of payments under such grant shall be subject to annual approval by the Attorney General and subject to the availability of appropriations for the fiscal year involved to make the payments.

    (c) APPLICATION-

      (1) IN GENERAL- The Attorney General may not provide a grant under subsection (b) unless an application that meets the requirements of paragraph (2) has been approved by the Attorney General.

      (2) REQUIREMENTS- An application meets the requirements of this paragraph if the application--

        (A) contains such agreements, assurances, and information, and is in such form and submitted in such manner as the Attorney General shall prescribe through notice in the Federal Register;

        (B) demonstrates 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 support from advocacy groups, particularly State coalitions and recognized national domestic violence groups;

        (C) demonstrates that the applicant has a commitment to diversity, including the hiring of and provision of services to ethnic, racial, cultural, and non-English speaking minorities, in addition to older individuals and individuals with disabilities;

        (D) demonstrates that the applicant has the ability to integrate the hotline into existing services provided by the applicant to victims of domestic violence;

        (E) includes a complete description of the applicant’s plan for the establishment and operation of the hotline, including a description of--

          (i) the hiring criteria and training program for hotline personnel;

          (ii) the methods for the creation, maintenance, and updating of a resource database for the hotline;

          (iii) a plan for providing service on a 24-hour-a-day basis to non-English speaking callers, including hotline personnel who speak Spanish;

          (iv) a plan for access to the hotline by individuals with hearing impairments; and

          (v) a plan for publicizing the availability of the hotline; and

        (F) contains such other information as the Attorney General may require.

    (d) SELECTION- The Attorney General shall select a nonprofit private organization to receive a grant under subsection (b) which has been in existence for at least 5 years from the date of submission of the application by the organization.

    (e) USES- A grant made under subsection (b) 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 nonprofit private organization 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) establish, maintain, and update a database of information relating to services for victims of domestic violence, including information on the availability of shelters that serve battered women; and

      (4) publicize the hotline to potential users throughout the United States.

    (f) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 1994 through 1996.

      (2) AVAILABILITY- Funds authorized to be appropriated under paragraph (1) shall remain available until expended.

SEC. 1654. GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.

    (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 1623 of this Act, is amended by--

      (1) redesignating part T as part U;

      (2) redesignating section 2001 as section 2101;

      and

      (3) adding after part S the following new part:

‘PART T--GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.

‘SEC. 2001. GRANT AUTHORITY.

    ‘The Director shall provide grants to establish projects in local communities involving many sectors of each community to coordinate intervention and prevention of domestic violence.

‘SEC. 2002. APPLICATIONS.

    ‘(a) IN GENERAL- An organization that desires to receive a grant under this section shall submit to the Director an application, in such form and in such manner as the Director may reasonably require 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 Director may require.

    ‘(b) ELIGIBILITY- To be eligible for a grant under this section, such application shall include--

      ‘(1) an assurance that the applicant is a nonprofit private organization organized for the purpose of coordinating community projects for the intervention in and prevention of domestic violence; and

      ‘(2) an assurance that such nonprofit organization includes representation from pertinent sectors of the local community, including--

        ‘(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; and

        ‘(G) business and civic leaders.

‘SEC. 2003. AWARD OF GRANTS.

    ‘(a) TERM- A grant provided under this section may extend over a period of not more than 3 fiscal years.

    ‘(b) CONDITIONS ON PAYMENT- Payments under a grant under this section shall be subject to--

      ‘(1) annual approval by the Director; and

      ‘(2) availability of appropriations.

    ‘(c) GEOGRAPHICAL DISPERSION- The Director shall award grants under this section to organizations in communities geographically dispersed throughout the country.

‘SEC. 2004. USES OF FUNDS.

    ‘(a) 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.

    ‘(b) REQUIREMENTS- In establishing and operating a project, a nonprofit private organization shall--

      ‘(1) establish protocols to improve and expand domestic violence intervention and prevention strategies among all affected sectors;

      ‘(2) develop action plans to direct responses within each community sector that are in conjunction with development in all other sectors; and

      ‘(3) provide for periodic evaluation of the project with a written report and analysis to assist application of this concept in other communities.’.

    (b) AUTHORIZATION OF APPROPRIATIONS- Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after paragraph (13), as added by section 1623 of this Act, the following:

    ‘(14) There are authorized to be appropriated to carry out part T $20,000,000 for fiscal year 1994 and such sums as are necessary for each of the fiscal years 1995, 1996, and 1997, to remain available until expended.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 1623 of this Act, is amended by striking ‘O, Q, R, and S’ and inserting ‘O, Q, R, S, and T’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 1623 of this Act, is amended by striking ‘O, Q, R, or S’ and inserting ‘O, Q, R, S, or T’.

    (d) CONFORMING 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 1623 of this Act, is amended by striking the matter relating to part T and inserting the following:

‘Part T--Grants for Community Programs on Domestic Violence

      ‘Sec. 2001. Grant authority.

      ‘Sec. 2002. Applications.

      ‘Sec. 2003. Award of grants.

      ‘Sec. 2004. Uses of funds.

‘Part U--Transition; Effective Date; Repealer

      ‘Sec. 2101. Continuation of rules, authorities, and proceedings.’.

Subtitle E--Equal Justice for Women in the Courts

SEC. 1661. GRANTS AUTHORIZED.

    The State Justice Institute is authorized to award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States in training judges and court personnel in the laws of the States on rape, sexual assault, domestic violence, and other crimes of violence motivated by gender.

SEC. 1662. 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, domestic violence, 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 negative 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 and should not be held in contempt;

      (18) the need for orders of protection, and the negative 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. 1663. COOPERATION IN DEVELOPING PROGRAMS.

    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. 1664. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 1994, $600,000 to carry out the purposes of sections 1661 through 1664. Of amounts appropriated under this section, the State Justice Institute shall expend no less than 40 percent on model programs regarding domestic violence and no less than 40 percent on model programs regarding rape and sexual assault.

SEC. 1665. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS.

    (a) STUDY- 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 of gender bias in their respective circuits. The studies 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;

      (5) sentencing;

      (6) sentencing alternatives, facilities for incarceration, and the nature of supervision of probation, parole, and supervised release;

      (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 past sexual history in civil and criminal cases; and

      (12) the aspects of the topics listed in section 1662 that pertain to issues within the jurisdiction of the Federal courts.

    (b) CLEARINGHOUSE- The Judicial Conference of the United States shall designate an entity within the Judicial Branch to 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 this entity with their reports and related material.

    (c) MODEL PROGRAMS- The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, shall--

      (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. 1666. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There is authorized to be appropriated--

      (1) $600,000 to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services, to carry out section 1665(a), to be available until expended through fiscal year 1996;

      (2) $100,000 to the Federal Judicial Center to carry out section 1665(c) and any activities designated by the Judicial Conference under section 1665(b); and

      (3) such sums as are necessary to the Administrative Office of the United States Courts to carry out any activities designated by the Judicial Conference under section 1665(b).

    (b) THE JUDICIAL CONFERENCE OF THE UNITED STATES- (1) The Judicial Conference of the United States Courts shall allocate funds to Federal circuit courts under this subtitle that--

      (A) undertake studies in their own circuits; or

      (B) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.

    (2) Funds shall be allocated to Federal circuits under this subtitle on a first come first serve basis in an amount not to exceed $100,000 on the first application. If within 6 months after the date on which funds authorized under this Act become available, funds are still available, circuits that have received funds may reapply for additional funds, with not more than $200,000 going to any one circuit.

SEC. 1667. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

    (a) FINDINGS- The Congress finds that--

      (1) State criminal courts often fail to admit expert testimony offered by a defendant concerning the nature and effect of physical, sexual, and mental abuse to assist the trier of fact in assessing the behavior, beliefs, or perceptions of such defendant in a domestic relationship in which abuse has occurred;

      (2) the average juror often has little understanding of the nature and effect of domestic violence on such a defendant’s behavior, beliefs, or perceptions, and the lack of understanding can result in the juror blaming the woman for her victimization;

      (3) the average juror is often unaware that victims of domestic violence are frequently in greater danger of violence after they terminate or attempt to terminate domestic relationships with their abuser;

      (4) myths, misconceptions, and victim-blaming attitudes are often held not only by the average lay person but also by many in the criminal justice system, insofar as the criminal justice system traditionally has failed to protect women from violence at the hands of men;

      (5) specialized knowledge of the nature and effect of domestic violence is sufficiently established to have gained the general acceptance which is required for the admissibility of expert testimony;

      (6) although both men and women can be victims of physical, sexual, and mental abuse by their partners in domestic relationships, the most frequent victims are women; and

      (7) a woman is more likely to be assaulted and injured, raped, or killed by her current or former male partner than by any other type of assailant, and over one-half of all women murdered are killed by their current or former male partners.

    (b) SENSE OF CONGRESS- It is the sense of the Congress that the executive branch, working through the State Justice Institute, should examine programs which would allow the States to consider--

      (1) that expert testimony concerning the nature and effect of domestic violence, including descriptions of the experiences of battered women, be admissible when offered in a State court by a defendant in a criminal case to assist the trier of fact in understanding the behavior, beliefs, or perceptions of such defendant in a domestic relationship in which abuse has occurred;

      (2) that a witness be qualified to testify as an expert witness based upon her or his knowledge, skill, experience, training, or education, and be permitted to testify in the form of an opinion or otherwise; and

      (3) that expert testimony about a domestic relationship be admissible to include testimony of relationships between spouses, former spouses, cohabitants, former cohabitants, partners or former partners, and between persons who are in, or have been in, a dating, courtship, or intimate relationship.

TITLE XVII--HATE CRIMES SENTENCING ENHANCEMENT

SEC. 1701. DIRECTION TO COMMISSION.

    (a) IN GENERAL- Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 3 offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes. In carrying out this section, the United States Sentencing Commission shall assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances which might justify exceptions.

    (b) DEFINITION- As used in this section, the term ‘hate crime’ is a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property which is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of any person.

TITLE XVIII--USE OF FORMULA GRANTS TO PROSECUTE PERSONS DRIVING WHILE INTOXICATED

SEC. 1801. GRANT PROGRAM DESCRIPTION.

    Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--

      (1) by striking the period at the end of paragraph (21) and adding ‘; and’; and

      (2) by adding at the end the following:

      ‘(22) programs for the prosecution of driving while intoxicated and the enforcement of other laws relating to alcohol use and the operation of motor vehicles.’.

TITLE XIX--YOUTH HANDGUN SAFETY

SEC. 1901. FINDINGS AND DECLARATIONS.

    The Congress finds and declares that--

      (1) Crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem.

      (2) Problems with crime at the local level are exacerbated by the interstate movement of drugs, funds, and criminal gangs.

      (3) Firearms and ammunition, and handguns in particular, move easily in interstate commerce, as documented in numerous hearings in both the Judiciary Committee of the House of Representatives and Judiciary Committee of the Senate.

      (4) In fact, even before the sale of a handgun, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce.

      (5) While criminals freely move from State to State, ordinary citizens may fear to travel to or through certain parts of the country due to the concern that violent crime is not under control, and foreigners may decline to travel in the United States for the same reason.

      (6) Just as the hardened drug kingpins begin their life in the illicit drug culture by exposure to drugs at a young age, violent criminals often start their criminal careers on streets where the ready availability of guns to young people results in the acceptability of their random use.

      (7) Violent crime and the use of illicit drugs go hand-in-hand, and attempts to control one without controlling the other may be fruitless.

      (8) Individual States and localities find it impossible to handle the problem by themselves; even States and localities that have made a strong effort to prevent, detect, and punish crime find their effort unavailing due in part to the failure or inability of other States and localities to take strong measures.

      (9) Inasmuch as illicit drug activity and related violent crime overflow State lines and national boundaries, the Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to combat these problems.

      (10) The Congress finds that it is necessary and appropriate to assist the States in controlling crime by stopping the commerce in handguns with juveniles nationwide, and allowing the possession of handguns by juveniles only when handguns are possessed and used for legitimate purposes under appropriate conditions.

SEC. 1902. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.

    (a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 706(a) of this Act, is amended by adding at the end the following:

    ‘(w)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a juvenile, or to a person who the transferor knows or has reasonable cause to believe is a juvenile--

      ‘(A) a handgun; or

      ‘(B) ammunition that is suitable for use only in a handgun.

    ‘(2) It shall be unlawful for any person who is a juvenile to knowingly possess--

        ‘(A) a handgun; or

        ‘(B) ammunition that is suitable for use only in a handgun.

    ‘(3) This subsection does not apply--

      ‘(A) to a temporary transfer of a handgun or ammunition to a juvenile, or to the possession or use of a handgun or ammunition by a juvenile, if the handgun and ammunition are possessed and used by the juvenile--

        ‘(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

        ‘(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm;

        ‘(iii) with the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and

        ‘(iv) in accordance with State and local law;

      ‘(B) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in subparagraph (A)(i) is to take place, and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor;

      ‘(C) to a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;

      ‘(D) to a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or

      ‘(E) to the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.

    ‘(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

    ‘(5) For purposes of this subsection, the term ‘juvenile’ means a person who is less than 18 years of age.

    ‘(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.

    ‘(B) The court may use the contempt power to enforce subparagraph (A).

    ‘(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.’.

    (b) PENALTIES- Section 924(a) of title 18, United States Code, as amended by section 706(b) of this Act, is amended by adding at the end the following:

    ‘(7)(A)(i) A juvenile who violates section 922(w) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.

    ‘(ii) A juvenile is described in this clause if--

      ‘(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(w)(2); and

      ‘(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(w) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.

    ‘(B) A person other than a juvenile who knowingly violates section 922(w)--

      ‘(i) shall be fined under this title, imprisoned not more than 1 year, or both; and

      ‘(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.’.

    (d) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVISIONS IN TITLE 18, UNITED STATES CODE-

      (1) SECTION 5031- Section 5031 of title 18, United States Code, is amended by inserting ‘or a violation by such person of section 922(w)’ before the period at the end.

      (2) SECTION 5032- Section 5032 of title 18, United States Code, is amended--

        (A) in the first undesignated paragraph by inserting ‘or (w)’ after ‘922(p)’; and

        (B) in the fourth undesignated paragraph by inserting ‘or section 922(w) of this title,’ before ‘criminal prosecution on the basis’.

    (e) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974- Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by striking ‘which do not constitute violations of valid court orders’ and inserting ‘(other than an offense that constitutes a violation of a valid court order or a violation of section 922(w) of title 18, United States Code, or a similar State law)’.

    (f) MODEL LAW- The Attorney General, acting through the Director of the National Institute for Juvenile Justice and Delinquency Prevention, shall--

      (1) evaluate existing and proposed juvenile handgun legislation in each State;

      (2) develop model juvenile handgun legislation that is constitutional and enforceable;

      (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and

      (4) report to Congress by December 31, 1994, findings and recommendations concerning the need or appropriateness of further action by the Federal Government.

TITLE XX--SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS

SEC. 2001. 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 provide substance abuse treatment--

        ‘(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 provide under paragraph (1) of this subsection, shall remain in the custody of the Bureau for such time (as limited by subparagraph (B) of this paragraph) and 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 the prisoner remains in custody after successfully completing a treatment program shall not exceed the prison term the law would otherwise require such prisoner to serve, but may not be less than such term minus one year.

      ‘(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 in each fiscal year such sums as may be necessary to carry out this subsection.

      ‘(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 forth from the general prison population--

          ‘(i) directed at the substance abuse problems of the prisoner; and

          ‘(ii) intended to develop the prisoner’s cognitive, behavorial, social, vocational, and other skills so as to solve the prisoner’s substance abuse and related problems; and

        ‘(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.’.

TITLE XXI--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

SEC. 2101. CERTAINTY OF 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.), is amended--

      (1) by redesignating part Q as part U;

      (2) by redesignating section 1701 as section 2101; and

      (3) by inserting after part P the following:

‘PART Q--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘SEC. 1701. GRANT AUTHORIZATION.

    ‘(a) IN GENERAL- The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) may make grants under this part to States, for the use by States and units of local government in the States, 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 certainty of 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 certainty of punishment for young offenders;

      ‘(2) boot camp prison programs that include education and job training activities such as programs 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.);

      ‘(3) technical training and support for the implementation and maintenance of State and local restitution programs for young offenders;

      ‘(4) 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.);

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

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

      ‘(7) demonstration restitution projects that are evaluated for effectiveness;

      ‘(8) innovative methods that address the problems of young offenders convicted of serious substance abuse (including alcohol abuse, and gang-related offenses), including technical assistance and training to counsel and treat such offenders; and

      ‘(9) the provision for adequate and appropriate after care programs for the young offenders, such as substance abuse treatment, education programs, vocational training, job placement counseling, and other support programs upon release.

‘SEC. 1702. 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 Director in such form and containing such information as the Director 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.

    ‘(b) STATE OFFICE- The office designated under section 507 of this title--

      ‘(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. 1703. REVIEW OF STATE APPLICATIONS.

    ‘(a) IN GENERAL- The Director, in consultation with the Director of the National Institute of Corrections, shall make a grant under section 1701(a) to carry out the projects described in the application submitted by such applicant under section 1702 upon determining that--

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

      ‘(2) before the approval of the application, the Director 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 1702 shall be considered approved, in whole or in part, by the Director not later than 45 days after first received unless the Director 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 1701(b).

    ‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION- The Director shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.

‘SEC. 1704. LOCAL APPLICATIONS.

    ‘(a) IN GENERAL- (1) 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 1701(b).

    ‘(2) Such application shall be considered 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) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration.

    ‘(4) If such application is approved, the unit of local government is eligible to receive such funds.

    ‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT- A State that receives funds under section 1701 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 Director has approved the application submitted by the State and has made funds available to the State. The Director shall have the authority to waive the 45-day requirement in this section upon a finding that the State is unable to satisfy such requirement under State statutes.

‘SEC. 1705. 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) 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 1701 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) 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 1701.

    ‘(3) If the Director 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 1701, the Director shall award such funds to units of local government in such State giving priority to the units of local government that the Director considers to have the greatest need.

    ‘(c) GENERAL REQUIREMENT- Notwithstanding the provisions of 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 Director of the Bureau of Justice Assistance.

    ‘(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 1702(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 Director shall consider as an important factor whether a State has in effect throughout such State a law or policy which--

      ‘(1) 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--

        ‘(A) be suspended from school for a reasonable period of time; and

        ‘(B) lose driving license privileges for a reasonable period of time;

      ‘(2) bans firearms and other weapons in a 100-yard radius of school property, but the State may allow exceptions for school-sponsored activities, as well as other reasonable exceptions.

    ‘(f) DEFINITION- For purposes of this part, ‘juvenile’ means 18 years of age or younger.

‘SEC. 1706. EVALUATION.

    ‘(a) IN GENERAL- (1) Each State and local unit of government that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the National Institute of Justice.

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

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

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

    (b) CONFORMING 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 matter relating to part Q and inserting the following:

‘Part Q--Alternative Punishments for Young Offenders

      ‘Sec. 1701. Grant authorization.

      ‘Sec. 1702. State applications.

      ‘Sec. 1703. Review of State applications.

      ‘Sec. 1704. Local applications.

      ‘Sec. 1705. Allocation and distribution of funds.

      ‘Sec. 1706. Evaluation.

‘Part U--Transition--Effective Date--Repealer

      ‘Sec. 2101. 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 by adding after paragraph (23) the following:

      ‘(24) The term ‘young offender’ means an individual, convicted of a crime, 22 years of age or younger--

        ‘(A) who has not been convicted of--

          ‘(i) a crime of sexual assault; or

          ‘(ii) a crime involving the use of a firearm in the commission of the crime; and

        ‘(B) who has no prior convictions for a crime of violence (as defined by section 16 of title 18, United States Code) punishable by a period of 1 or more years of imprisonment.’.

SEC. 2102. AUTHORIZATION OF APPROPRIATION.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended by adding after paragraph (10) the following:

    ‘(11) There are authorized to be appropriated $200,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the projects under part Q.’.

SEC. 2103. SENSE OF THE CONGRESS.

    It is the sense of the Congress that States should impose mandatory sentences for crimes involving the use of a firearm or other weapon on school property or within a 100-yard radius of school property.

TITLE XXII--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

SEC. 2201. JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS.

    (a) The Omnibus Crime Control and Safe Streets Act of 1968, is amended by inserting after part Q (as added by section 2101(a)) the following new part:

‘PART R--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

‘SEC. 1801. GRANT AUTHORIZATION.

    ‘(a) IN GENERAL- The Director is authorized to make grants to States and units of local government or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective programs, including education, prevention, treatment and enforcement programs to reduce--

      ‘(1) the formation or continuation of juvenile gangs; and

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

    ‘(b) USES OF FUNDS- The grants made under this section may be used for any of the following specific purposes:

      ‘(1) to reduce the participation of juveniles in drug related crimes (including drug trafficking and drug use), particularly in and around elementary and secondary schools;

      ‘(2) to reduce juvenile involvement in organized crime, drug and gang-related activity, particularly activities that involve the distribution of drugs by or to juveniles;

      ‘(3) to develop new and innovative means to address the problems of juveniles convicted of serious, drug-related and gang-related offenses;

      ‘(4) to reduce juvenile drug and gang-related activity in public housing projects;

      ‘(5) to provide technical assistance and training to personnel and agencies responsible for the adjudicatory and corrections components of the juvenile justice system to identify drug-dependent or gang-involved juvenile offenders and to provide appropriate counseling and treatment to such offenders;

      ‘(6) to promote the involvement of all juveniles in lawful activities, including--

        ‘(A) school programs that teach that drug and gang involvement are wrong; and

        ‘(B) programs such as youth sports and other activities, including girls and boys clubs, scout troops, and little leagues;

      ‘(7) to facilitate Federal and State cooperation with local school officials to develop education, prevention and treatment programs for juveniles who are likely to participate in drug trafficking, drug use or gang-related activities;

      ‘(8) to provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system; with the highest possible priority to providing drug abuse treatment to drug-dependent pregnant juveniles and drug-dependent juvenile mothers;

      ‘(9) to provide education and treatment programs for youth exposed to severe violence in their homes, schools, or neighborhoods;

      ‘(10) to establish sports mentoring and coaching programs in which athletes serve as role models for youth to teach that athletics provide a positive alternative to drug and gang involvement;

      ‘(11) to develop new programs that specifically address the unique crime, drug, and alcohol-related challenges faced by juveniles living at or near International Ports of Entry and in other international border communities, including rural localities;

      ‘(12) to identify promising new juvenile drug demand reduction and enforcement programs, to replicate and demonstrate these programs to serve as national, regional or local models that could be used, in whole or in part, by other public and private juvenile justice programs, and to provide technical assistance and training to public or private organizations to implement similar programs; and

      ‘(13) to coordinate violence, gang, and juvenile drug prevention programs with other existing Federal programs that serve community youth to better address the comprehensive needs of such youth.

    ‘(c) FEDERAL SHARE- (1) The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in applications submitted under this section for the fiscal year for which the projects receive assistance under this part.

    ‘(2) The Director may waive the 25 percent matching requirement under paragraph (1), upon making a determination that such waiver is equitable due to the financial circumstances affecting the ability of the applicant to meet such requirements.

‘SEC. 1802. APPLICATIONS.

    ‘A State or unit of local government applying for grants under this part shall submit an application to the Director in such form and containing such information as the Director shall reasonably require.’.

    (b) CONFORMING 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 inserting after the matter relating to part Q (as added by section 2101(b)) the following:

‘Part R--Juvenile Drug Trafficking and Gang Prevention Grants

      ‘Sec. 1801. Grant authorization.

      ‘Sec. 1802. Applications.’.

SEC. 2202. 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 by adding after paragraph (11) (as added by section 2102) the following:

    ‘(12) There are authorized to be appropriated $100,000,000 for each of the fiscal years 1994 and 1995 to carry out the projects under part R.’.

TITLE XXIII--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

SEC. 2301. 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.), is amended by inserting after part R (as added by section 2201(a)) the following:

‘PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

‘SEC. 1901. GRANT AUTHORIZATION.

    ‘The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) may make grants under this part to States, for the 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 facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment.

‘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 Director in such form and containing such information as the Director 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 similar 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) STATE OFFICE- The Office designated under section 507 of this title--

      ‘(1) shall prepare the application as required under section 1902, 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 Director 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 Director 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 Director not later than 45 days after first received unless the Director 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 Director shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.

‘SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ‘(a) ALLOCATION- Of the total amount appropriated under this part in any fiscal year--

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

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

    ‘(b) FEDERAL SHARE- The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 1902 for the fiscal year for which the projects receive assistance under this part.

‘SEC. 1905. EVALUATION.

    ‘Each State that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in such form and containing such information as the Director may reasonably require.’.

    (b) CONFORMING 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 inserting after the matter relating to part R (as added by section 2201(b)) the following:

‘Part S--Residential Substance Abuse Treatment for 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.’.

    (c) DEFINITIONS- Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding after paragraph (24) (as added by section 2101(c)) the following:

      ‘(25) The term ‘residential substance abuse treatment program’ means a course of individual and group activities, lasting between 9 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.’.

SEC. 2302. 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 by adding after paragraph (12) (as added by section 2202) the following:

    ‘(13) There are authorized to be appropriated $100,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the projects under part S.’.