[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4092 Introduced in House (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:
``Sec. 1033. Crimes by or affecting persons engaged in the business of 
              insurance whose activities affect interstate commerce
    ``(a)(1) Whoever is engaged in the business of insurance whose 
activities affect interstate commerce and knowingly, with the intent to 
deceive, makes any false material statement or report or willfully and 
materially overvalues any land, property or security--
            ``(A) in connection with any financial reports or documents 
        presented to any insurance regulatory official or agency or an 
        agent or examiner appointed by such official or agency to 
        examine the affairs of such person, and
            ``(B) for the purpose of influencing the actions of such 
        official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as established under this title or imprisonment for not more than 10 
years, or both, except that the term of imprisonment shall be not more 
than 15 years if the statement or report or overvaluing of land, 
property, or security jeopardized the safety and soundness of an 
insurer and was a significant cause of such insurer being placed in 
conservation, rehabilitation, or liquidation by an appropriate court.
    ``(b)(1) Whoever--
            ``(A) acting as, or being an officer, director, agent, or 
        employee of, any person engaged in the business of insurance 
        whose activities affect interstate commerce, or
            ``(B) is engaged in the business of insurance whose 
        activities affect interstate commerce or is involved (other 
        than as an insured or beneficiary under a policy of insurance) 
        in a transaction relating to the conduct of affairs of such a 
        business,
willfully embezzles, abstracts, purloins, or misappropriates any of the 
moneys, funds, premiums, credits, or other property of such person so 
engaged shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if such embezzlement, abstraction, 
purloining, or misappropriation described in paragraph (1) jeopardized 
the safety and soundness of an insurer and was a significant cause of 
such insurer being placed in conservation, rehabilitation, or 
liquidation by an appropriate court, such imprisonment shall be not 
more than 15 years. If the amount or value so embezzled, abstracted, 
purloined, or misappropriated does not exceed $5,000, whoever violates 
paragraph (1) shall be fined as provided in this title or imprisoned 
not more than one year, or both.
    ``(c)(1) Whoever is engaged in the business of insurance and whose 
activities affect interstate commerce or is involved (other than as an 
insured or beneficiary under a policy of insurance) in a transaction 
relating to the conduct of affairs of such a business, knowingly makes 
any false entry of material fact in any book, report, or statement of 
such person engaged in the business of insurance with intent to deceive 
any person, including any officer, employee, or agent of such person 
engaged in the business of insurance, any insurance regulatory official 
or agency, or any agent or examiner appointed by such official or 
agency to examine the affairs of such person, about the financial 
condition or solvency of such business shall be punished as provided in 
paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if the false entry in any book, report, or 
statement of such person jeopardized the safety and soundness of an 
insurer and was a significant cause of such insurer being placed in 
conservation, rehabilitation, or liquidation by an appropriate court, 
such imprisonment shall be not more than 15 years.
    ``(d) Whoever, by threats or force or by any threatening letter or 
communication, corruptly influences, obstructs, or impedes or endeavors 
corruptly to influence, obstruct, or impede the due and proper 
administration of the law under which any proceeding involving the 
business of insurance whose activities affect interstate commerce is 
pending before any insurance regulatory official or agency or any agent 
or examiner appointed by such official or agency to examine the affairs 
of a person engaged in the business of insurance whose activities 
affect interstate commerce, shall be fined as provided in this title or 
imprisoned not more than 10 years, or both.
    ``(e)(1)(A) Any individual who has been convicted of any criminal 
felony involving dishonesty or a breach of trust, or who has been 
convicted of an offense under this section, and who willfully engages 
in the business of insurance whose activities affect interstate 
commerce or participates in such business, shall be fined as provided 
in this title or imprisoned not more than 5 years, or both.
    ``(B) Any individual who is engaged in the business of insurance 
whose activities affect interstate commerce and who willfully permits 
the participation described in subparagraph (A) shall be fined as 
provided in this title or imprisoned not more than 5 years, or both.
    ``(2) A person described in paragraph (1)(A) may engage in the 
business of insurance or participate in such business if such person 
has the written consent of any insurance regulatory official authorized 
to regulate the insurer, which consent specifically refers to this 
subsection.
    ``(f) As used in this section--
            ``(1) the term `business of insurance' means--
                    ``(A) the writing of insurance, or
                    ``(B) the reinsuring of risks,
        by an insurer, including all acts necessary or incidental to 
        such writing or reinsuring and the activities of persons who 
        act as, or are, officers, directors, agents, or employees of 
        insurers or who are other persons authorized to act on behalf 
        of such persons;
            ``(2) the term `insurer' means any entity the business 
        activity of which is the writing of insurance or the reinsuring 
        of risks, and includes any person who acts as, or is, an 
        officer, director, agent, or employee of that business;
            ``(3) the term `interstate commerce' means--
                    ``(A) commerce within the District of Columbia, or 
                any territory or possession of the United States;
                    ``(B) all commerce between any point in the State, 
                territory, possession, or the District of Columbia and 
                any point outside thereof;
                    ``(C) all commerce between points within the same 
                State through any place outside such State; or
                    ``(D) all other commerce over which the United 
                States has jurisdiction; and
            ``(4) the term `State' includes any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Northern Mariana 
        Islands, the Virgin Islands, American Samoa, and the Trust 
        Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations of section 
              1033
    ``(a) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who engages 
in conduct constituting an offense under section 1033 and, upon proof 
of such conduct by a preponderance of the evidence, such person shall 
be subject to a civil penalty of not more than $50,000 for each 
violation or the amount of compensation which the person received or 
offered for the prohibited conduct, whichever amount is greater. If the 
offense has contributed to the decision of a court of appropriate 
jurisdiction to issue an order directing the conservation, 
rehabilitation, or liquidation of an insurer, such penalty shall be 
remitted to the appropriate regulatory official for the benefit of the 
policyholders, claimants, and creditors of such insurer. The imposition 
of a civil penalty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative remedy, 
which is available by law to the United States or any other person.
    ``(b) If the Attorney General has reason to believe that a person 
is engaged in conduct constituting an offense under section 1033, the 
Attorney General may petition an appropriate United States district 
court for an order prohibiting that person from engaging in such 
conduct. The court may issue an order prohibiting that person from 
engaging in such conduct if the court finds that the conduct 
constitutes such an offense. The filing of a petition under this 
section does not preclude any other remedy which is available by law to 
the United States or any other person.''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
such title is amended by adding at the end the following new items:

``1033. Crimes by or affecting persons engaged in the business of 
                            insurance whose activities affect 
                            interstate commerce.
``1034. Civil penalties and injunctions for violations of section 
                            1033.''.

SEC. 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:

``228. Death sentence.......................................   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:
``Sec.  1121. Killing persons aiding Federal investigations or State 
              correctional officers
    ``(a) Whoever intentionally kills--
            ``(1) a State or local official, law enforcement officer, 
        or other officer or employee while working with Federal law 
        enforcement officials in furtherance of a Federal criminal 
        investigation--
                    ``(A) while the victim is engaged in the 
                performance of official duties;
                    ``(B) because of the performance of the victim's 
                official duties; or
                    ``(C) because of the victim's status as a public 
                servant; or
            ``(2) any person assisting a Federal criminal 
        investigation, while that assistance is being rendered and 
        because of it,
shall be sentenced according to the terms of section 1111 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:

``113B. Torture.............................................   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:

``177. Racially Discriminatory Capital Sentencing...........   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:

``67. Federal Payments......................................    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:

``110A. Violence against spouses............................   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.''.

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HR 4092 IH----6
HR 4092 IH----7
HR 4092 IH----8
HR 4092 IH----9
HR 4092 IH----10
HR 4092 IH----11
HR 4092 IH----12
HR 4092 IH----13
HR 4092 IH----14
HR 4092 IH----15
HR 4092 IH----16
HR 4092 IH----17
HR 4092 IH----18
HR 4092 IH----19
HR 4092 IH----20
HR 4092 IH----21
HR 4092 IH----22
HR 4092 IH----23
HR 4092 IH----24
HR 4092 IH----25
HR 4092 IH----26
HR 4092 IH----27
HR 4092 IH----28