[Congressional Record Volume 140, Number 40 (Thursday, April 14, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 14, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
The SPEAKER pro tempore (Mr. Clyburn). Pursuant to House Resolution
401 and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the further consideration
of the bill, H.R. 4092.
{time} 1041
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 4092) to control and prevent crime, with Mr. Torricelli
in the chair.
The Clerk read the tile of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
March 23, 1994, all time for general debate pursuant to House
Resolution 395 had expired.
Pursuant to House Resolution 401, the bill is considered as read for
amendment under the 5-minute rule.
The text of the bill, H.R. 4092, is as follows:
H.R. 4092
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
multiurisdictional 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.''.
The CHAIRMAN. Except as provided in section 2 of House Resolution
401, no amendment shall be in order except the amendments printed in
House Report 103-474. Each amendment may be offered only in the order
printed in the report, may be offered only by a member designated in
the report, shall be considered as read, shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent of the amendment, shall not be subject to
amendment except as specified in the report, and shall not be subject
to a demand for division of the question in the House or in the
Committee of the Whole.
If more than one of the following amendments printed in part 1 of
House Report 103-474 relating to habeas corpus is adopted, only the
last to be adopted shall be considered as finally adopted and reported
to the House:
First, the amendment by the gentleman from Illinois [Mr. Hyde]; and
Second, the amendment by the gentleman from South Carolina [Mr.
Derrick].
It shall be in order at any time for the chairman of the Committee on
the Judiciary, or a designee, to offer amendments en bloc consisting of
amendments printed in part 2 of the report or germane modifications of
any such amendment.
Amendments en bloc shall be considered as read, except that
modifications shall be reported, shall be debatable for 10 minutes,
equally divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary, shall not be subject to
amendment, and shall not be subject to a demand for a division of the
question in the House or in the Committee of the Whole.
For the purpose of inclusion in amendment en bloc, an amendment
printed in the form of a motion to strike may be modified to the form
of a germane perfecting amendment to the text originally proposed to be
stricken.
The original proponent of an amendment included in the amendments en
bloc may insert a statement in the Congressional Record immediately
before disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may postpone until a time
during further consideration in the Committee of the Whole a request
for a recorded vote on any amendment made in order by House Resolution
401.
The Chairman of the Committee of the Whole may reduce to not less
than 5 minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by electronic
device without interventing business, provided that the time for voting
by electronic device on the first in any series of questions shall not
be less than 15 minutes.
The chair will announce the number of the amendment made in order by
the rule and the name of its sponsor in order to give notice to the
Committee of the Whole the order of recognition.
amendments en bloc offered by mr. brooks
Mr. BROOKS. Mr. Chairman, I offer amendments en bloc made in order
pursuant to the rule.
The CHAIRMAN. The Clerk will designate the amendments en bloc.
The text of the amendments en bloc is as follows:
Amendments en bloc offered by Mr. Brooks:
amendment offered by mr. PORTER
Insert at an appropriate place the following:
SEC. . DISPLAY OF FLAGS AT HALF STAFF.
(a) Public Law 87-726--The first section of Public Law 87-
726 (36 U.S.C. 167) is amended--
(1) By striking ``(2)'' and inserting ``(3)'';
(2) by inserting after clause (1) the following new clause:
``(2) directing the officials of the Government to display at
half-staff the flag of the United States on all Government
buildings on such day, as provided by section 3(m) of the Act
of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.
175),'';
(3) by striking ``(3)'' and inserting ``(4)''; and
(4) by inserting in paragraph (4) ``, including the display
at half-staff of the flag of the United States'' after
``activities''.
(b) Act of June 22, 1942.--Section 3(m) of the Act of June
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is
amended by inserting ``The flag shall be flown at half-staff
on Peace Officers Memorial Day, unless that day is also Armed
Forces Day.'' after ``a Member of Congress.''.
amendment offered by mr. barca of wisconsin
Insert at an appropriate place the following:
SEC. . SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST
TRUCKERS.
(a) Findings.--Congress finds that--
(1) there are 8,000,000 workers in the trucking industry in
the United States, some working for large carriers and some
for small carriers, some for private carriers and some owner
operators, all assisting the free flow commerce by
transporting all types of commodities that enter, leave, or
move within this country;
(2) unemployment, crime, and drug use have contributed to
an increase of violence against commercial truckers, an
increase that has gone unrecognized by the public at large;
(3) few State or local authorities report violent crimes
against truckers as such to the Federal Bureau of
Investigation, statistics do not reflect this fast-growing
and increasingly violent segment of crime;
(4) the Federal Bureau of Investigation investigated 282
truck hijackings involving crimes of violence in 1993, not
including attempted crimes and crimes addressed by State,
county, and local authorities;
(5) the Federal Government in large measure finances the
highway system the trucking industry uses, collecting large
sums in taxes from the industry, and licenses and regulates
the industry and its drivers, entailing a concomitant
responsibility to protect them against crime;
(6) Federal law provides protections to truckers in among
others, sections 33 and 1951 of title 18, United States Code,
but currently Federal prosecutions are not undertaken unless
certain monetary thresholds of loss are met.
(b) Sense of Congress.--It is the sense of Congress that--
(1) when there is Federal jurisdiction, Federal authorities
should prosecute to the fullest extent of the law murders,
rapes, burglaries, kidnappings and assaults committed against
commercial truckers; and
(2) appropriate Federal agencies should acknowledge this
problem and place a priority on evaluating how best to
prevent these crimes and apprehend those involved, and
continue to coordinate their activities with multi-
jurisdictional authorities to combat violent crimes committed
against truckers.
amendment offered by mr. olver
Page 272, line 5, after ``minorities,'' insert ``providing
specialized domestic violence court advocates in courts where
a significant number of protective orders are granted,''.
amendment offered by mr. gilman
Add at an appropriate place the following:
SEC. . PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) In General.--Chapter 75 of title 18, United States
Code, is amended--
(1) in section 1541, by striking ``not more than $500 or
imprisoned not more than one year'' and inserting ``under
this title or imprisoned not more than 10 years'';
(2) in each of sections 1542, 1543, and 1544, by striking
``not more than $2,000 or imprisoned not more than five
years'' and inserting ``under this title or imprisoned not
more than 10 years'';
(3) in section 1545, by striking ``not more than $2,000 or
imprisoned not more than three years'' and inserting ``under
this title or imprisoned not more than 10 years'';
(4) in section 1546(a), by striking ``five years'' and
inserting ``10 years'';
(5) in section 1546(b), by striking ``in accordance with
this title, or imprisoned not more than two years'' and
inserting ``under this title or imprisoned not more than
10''; and
(6) by adding at the end the following.
``Sec. 1547. Alternative imprisonment maximum for certain
offenses
``Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an
offense under this chapter (other than an offense under
section 1545)--
``(1) if committed to facilitate a drug trafficking crime
(as defined in 929(a) of this title) is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title) is 20
years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 75 of title 18, United States Code, is
amended by adding at the end the following new item:
``1547. Alternative imprisonment maximum for certain offenses.''.
amendment offered by Mr. Watt
Page 111, line 16, strike ``and''.
Page 111, line 18, strike the period and insert ``; and''.
Page 111, after line 18, insert the following:
(3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the
overall needs of communities that benefit from grants
received under this title.
Page 172, line 15, strike ``or''.
Page 172, line 17, strike the period and insert ``; or''.
Page 172, after line 17, insert the following:
``(C) coordination of crime prevention programs funded
under this title with other existing Federal programs to meet
the overall needs of communities that benefit from funds
received under this section.
amendment offered by mr. hoyer
Add at the end the following:
TITLE --FINANCIAL INSTITUTION FRAUD
SEC. . FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5,
1990, is amended by striking ``with the authority of the
Resolution Trust Corporation or its successor'' at the end of
subsection (b)(2) and inserting ``on December 31, 2004''.
amendment offered by mr. hoyer
At the end of the bill, add the following:
TITLE --AUTHORIZATION
SEC. . AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated for the activities
of the Bureau of Alcohol, Tobacco and Firearms, the United
States Customs Service, the Financial Crimes Enforcement
Network, the Federal Law Enforcement Training Center, the
Criminal Investigation Division of the Internal Revenue
Service, and the United States Secret Service, in addition to
sums authorized elsewhere in this Act, not to exceed
$210,000,000 for each of the fiscal years 1995, 1996, 1997,
1998, and 1999 to help meet the Department of the Treasury's
increased law enforcement activities.
amendment offered by mr. livingston
Add at the end the following:
TITLE --CONVERSION OF CLOSED MILITARY INSTALLATIONS
SEC. . CONVERSION OF THREE CLOSED MILITARY INSTALLATIONS
INTO FEDERAL PRISON FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and
the Attorney General shall jointly conduct a study of all
military installations selected before the date of the
enactment of this Act to be closed pursuant to a base closure
law for the purpose of evaluating the suitability of any of
these installations, or portions of these installations, for
conversion into Federal prison facilities. As part of the
study, the Secretary and the Attorney General shall identify
the three military installations so evaluated that are most
suitable for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the
suitability of a military installation for conversion into a
Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to convert
the installation into a prison facility, the proximity of the
installation to overcrowded Federal and State prison
facilities, and such other factors as the Secretary and the
Attorney General consider to be appropriate.
(c) Transfer to Attorney General.--Notwithstanding any
other provision of law regarding disposal of military
installations selected to be closed pursuant to a base
closure law, the Secretary of Defense shall transfer, without
reimbursement, jurisdiction over the three installations
identified under subsection (a) to the Attorney General for
conversion into Federal prison facilities. The Federal prison
facilities established using these installations shall be
designed to incarcerate persons convicted of a Federal
violent felony. Upon a space available basis, the Attorney
General may accept transfers from overcrowded State prisons
if the persons to be transferred had previously been
convicted of a Federal violent felony or are serving a
sentence of more then 20 years.
(d) Time for Study.--The study required by subsection (a)
shall be completed not later than 180 days after the date of
the enactment of this Act.
(e) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means--
(A) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); or
(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(2) The term ``violent felony'' has the meaning given that
term in section 3581(c)(2) of title 18, United States Code.
amendment offered by ms. slaughter
At the appropriate place, insert the following (and
redesignate accordingly):
SEC. . COMMISSION MEMBERSHIP AND APPOINTMENT.
(a) Membership.--Section 211(B)(f) of Public Law 101-515
(104 Stat. 2123) is amended to read as follows:
``(a) Number and Appointment.--The Commission shall be
composed of 25 members as follows:
(1) Seven individuals appointed from national law
enforcement organizations representing law enforcement
officers, of whom--
(A) two shall be appointed by the Speaker of the House of
Representatives;
(B) two shall be appointed by the majority leader of the
Senate;
(C) one shall be appointed by the minority leader of the
House of Representatives;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the President.
(2) Seven individuals appointed from national law
enforcement organizations representing law enforcement
management, of whom--
(A) two shall be appointed by the Speaker of the House of
Representatives;
(B) two shall be appointed by the majority leader of the
Senate;
(C) one shall be appointed by the minority leader of the
House of Representatives;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the President.
(3) Two individuals appointed with academic expertise
regarding law enforcement issues, of whom--
(A) one shall be appointed by the Speaker of the House of
Representatives and the majority leader of the Senate; and
(B) one shall be appointed by the minority leader of the
Senate and the minority leader of the House of
Representatives.
(4) Two Members of the House of Representatives, appointed
by the Speaker and the minority leader of the House of
Representatives.
(5) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
(6) One individual involved in Federal law enforcement from
the Department of the Treasury; appointed by the President.
(7) One individual from the Department of Justice,
appointed by the President.
(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the majority leader of
the Senate.
(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the Speaker of the House
of Representatives.
(10) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed by the President.''.
(b) Report.--Section 211(B)(p) of Public Law 101-515 (104
Stat. 2124) is amended by striking ``the expiration'' and all
that follows through ``this Act,'' and inserting ``March 31,
1996,''
SEC. . CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note)
is repealed.
amendment offered by ms. slaughter
Page 386, after line 16 (at the end of the bill), add the
following new title (and amend the table of titles
accordingly):
TITLE XXIV--EXPLOSIVES CRIME PENALTIES
SEC. 2401. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN
EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission
shall promulgate amendments to the sentencing guidelines to
appropriately enhance penalties in a case in which a
defendant convicted under section 844(h) of title 18, United
States Code, has previously been convicted under that
section.
SEC. 2402. THEFT OF EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(k) A person who steals any explosives materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned for not
more than 10 years, fined under this title, or both.''.
SEC. 2403. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended
by inserting ``or possess'' after ``to receive''.
SEC. 2404. THEFT OF EXPLOSIVES FROM LICENSEE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(l) A person who steals any explosive material from a
licensed importer, licensed manufacturer, or licensed dealer,
or from any permittee shall be fined under this title,
imprisoned not more than 10 years, or both.''.
SEC. 2405. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended
by striking ``licensee'' and inserting ``person''.
amendment offered by mr. martinez
Add at the end of title X the following:
Subtitle --Hope in Youth Program
SEC. 1. FINDINGS.
The Congress finds the following:
(1) Larger cities around the country, particularly those
those involved in empowerment zones, are attempting to
empower low-income and ethnic minority communities.
(2) Programs that involve local government and local
community leaders and which include significant participation
by service providers, service participants, and service
funders, as equal partners in the design and direction of a
myriad of social service support programs have been among the
most effective demonstration models.
(3) Programs that attempt to link disenfranchised and
disconnected citizens through an umbrella organization that
provides guidance to public and private service providers
have proven to be an effective strategy for empowering local
low-income communities.
(4) Families in low-income communities have not attained
their full potential as productive citizens, and Federal
efforts thus far, have been insufficient to assist them in
fully realizing that potential.
SEC. 2. PROGRAM AUTHORITY.
The Secretary of Health and Human Services (in this
subtitle referred to as the ``Secretary'') may make grants to
eligible may make grants to eligible service providers in one
or more political subdivisions of a State containing an area
designated as an empowerment zone, as authorized under the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-
66), that have submitted an approved plan to establish
advisory organization in low-in-come communities within the
political subdivision containing an empowerment zone which
will serve as umbrella agencies for strategic planning and
evaluation of service programs serving the low-income
communities in which the advisory organization operates.
SEC. 3. PROGRAM REQUIREMENTS.
Each advisory organization established as described in
section 2 shall--
(1) provide a permanent multi-issue forum for public policy
discussion which will serve as part of a stable
infrastructure of community outreach and support,
(2) develop a mechanism by which local support service
providers may be evaluated and assessed in the level of
service they provide to the community, and which establishes
a method for advisory organization participants to review and
participate in efforts to maintain or increase the quality of
services provided by such providers,
(3) create an Family Outreach Team approach which provides
a youth worker, a parent worker, and a school-parent
organizer to provide training in outreach, mentoring,
community organizing and peer counseling and mentoring to
locally recruited volunteers in a particular area. The Family
Outreach Team assists such volunteers in outreach,
development and coordination of service delivery from among
the service providers in the area, including the schools.
(4) establish processes by which local public agencies can
effectively involve the private sector in the provision of
services that meet the needs of local communities,
(5) establish processes of coalition building in which
diverse groups within low-income communities attempt to low-
income communities, and
(6) create a training program to foster community-based
leadership in low-income communities.
SEC. 4. ELIGIBLE PROVIDERS.
Consortia of public and private nonprofit local social
service organizations that have a proven ability to involve
disparate populations of low-income citizens and competing
service providers are eligible to receive grants under
section 2.
SEC. 5. APPLICATIONS.
Applications may be submitted, for approval by the
Secretary, by eligible service providers at such time and in
such manner as the Secretary may reasonably require. Such
applications shall contain--
(1) assurances that selection of participants,
organizations, and citizens will not be on the basis of
religious preference or affiliation,
(2) assurances that participating organizations and
citizens will not offer services based on any religious
preference or affiliation, and
(3) assurances that such service provides will, to the
extent practicable, involve participation by citizens not
traditionally involved in such activities, including homeless
individuals, alcohol- and drug-addicted individuals, and gang
involved or violent youth.
SEC. 6. EVALUATION.
The Secretary shall commence a program to evaluate the
success and effectiveness of this program 2 years after the
program has received an appropriation, and such evaluation
shall be completed no later than 1 year after the second
program year has been completed. A report thereon shall be
submitted to the Congress within 60 days of the completion of
the evaluation.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as are necessary for each of
fiscal years 1996, 1997, and 1998 to carry out this subtitle.
Subtitle --Gang Prevention Services for Boys and Girls
SEC. 1. FINDINGS.
The Congress finds that--
(1) services provided through existing federally supported
gang prevention programs do not adequately address the needs
of boys and girls in communities with high levels of gang
activity and other barriers to service (such as large
concentrations of minority populations that have limited
English speaking proficiency, geographically isolated
populations, and communities in which social service
providers are limited or nonexistent);
(2) children that are exposed to gang activity at an early
age are more likely to become gang-involved than children who
are exposed to such activity later in life, or children that
are never exposed to such activity;
(3) gangs are increasingly targeting younger children for
recruitment, especially children at middle schools and
elementary schools;
(4) Federal studies indicate that violent crime has
increased more significantly in the gang population compared
to the adult population; and
(5) small community-based service agencies with strong ties
to the educational and law enforcement systems offer the best
chance to prevent young children from becoming involved in
gangs.
SEC. 2. PROGRAM AUTHORITY.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (hereafter referred to as the
``Administrator''), in consultation with the Department of
Education and the Department of Health and Human Resources,
may make grants to eligible service providers to carry out
programs that prevent young children from becoming gang
involved. In making such grants, the Administrator shall give
a priority to eligible service providers that have a proven
track record of serving young children and have an overall
budget of not more than $750,000 a fiscal year, prior to
receiving a grant under this section.
SEC. 3. PROGRAM REQUIREMENTS.
The eligible service providers receiving a grant under
section 2 shall--
(1) provide a comprehensive array of support services to
assist the participants to reach their full potential as a
contributing law-abiding citizen (such support services may
include, but not be limited to: education and health
services; career development training; music/art/drama
activities; physical fitness training; life skills training;
mental health counseling; and job placement counseling);
(2) to the extent practical, involve the parents and other
family members of participating children, and the members of
local organizations that support the educational and law
enforcement institutions of the community, as is appropriate,
in the administration and operation of the gang prevention
program;
(3) utilize community resources and related support
services as needed in the operation of the program;
(4) accept referrals from public institutions, as is
appropriate, such as law enforcement, mental health, local
school systems, and other entities of local government; and
(5) utilize volunteer staff, including participants in
programs funded under the National and Community Service
Program, Public Law 103-62, to the maximum extent practicable
in the operation of the program.
SEC. 4. ELIGIBLE PROVIDERS.
Community-based service providers, as defined in the
Juvenile Justice and Delinquency Prevention Act of 1974, that
have a proven track record of providing services to children
ages 5 to 18 shall be eligible to apply for funds under this
subtitle. A priority shall be given to those service
providers that have a history of providing services uniquely
designed to meet the needs of young children such as the Boys
and Girls Clubs of America or service providers that display
the potential for providing such targeted services.
SEC. 5. ELIGIBLE PARTICIPANTS.
Children that have the potential, because of community
composition and other factors, to come into contact with
gangs, or who have a family member that has come into contact
with a gang, and are not more than 18 years old at the time
of entry into the program, shall be eligible to receive
services provided by programs receiving assistance under this
subtitle.
SEC. 6. APPLICATIONS PROCESS.
Eligible service providers may submit to the Administrator,
for approval, an application in such form at such time as the
Administrator deems appropriate.
SEC. 7. EVALUATION.
The Administrator shall conduct an evaluation of the
effectiveness of the program model grants authorized under
this subtitle, and the extent to which it can be replicated
by other local communities. The Administrator shall report to
the Congress no later than January 1, 1999, on the details of
such evaluations.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998 to carry out this subtitle.
Subtitle --Anticrime Youth Councils
SEC. . PURPOSE.
The purpose of this subtitle is to provide for the
establishment of youth anticrime councils to give
intermediate and secondary school students a structured forum
through which to work with community organizations, law
enforcement officials, government and media representatives,
and school administrators and faculty to address issues
regarding youth and violence. The purpose of such councils is
to empower local youth and ensure that their recommendations
for preventing youth involvement in crime and violence will
be heard and possibly incorporated into community anticrime
strategies.
SEC. . AUTHORITY TO MAKE GRANTS.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (in this subtitle referred to as the
``Administrator'') may make grants to pubic and nonprofit
community-based organizations to establish regional anticrime
youth councils each of which is composed of intermediate and
secondary school students who represent all the schools in a
separate congressional district.
SEC. . APPLICATIONS FOR GRANTS.
To request a grant under section 2, a public and
nonprofit community-based organizations shall submit to the
Administrator an application in such form and containing such
information as the Administrator may require by rule,
including assurances that--
(1) the anticrime youth council with respect to which such
grant is requested will be--
(A) selected by a teacher or administrator of an
intermediate or secondary school in the congressional
district involved, in consultation with teachers and
administrators of other intermediate and secondary schools in
such district,
(B) composed of not more than 5 students from each of the
intermediate and secondary schools in such district, selected
as described in paragraph (1) from among individuals who have
first-hand knowledge of issues and problems relating to
students who attend schools in such district,
(C) supervised by an individual who--
(i) is familiar with issues regarding youth violence,
(ii) has strong ties to the communities in such district
and to the organizations with which such council will
interact, and
(iii) will be responsible for coordinating the
dissemination of information to such council, supervising
council meetings, and acting as a liaison between such
council and communities in such district, and (D) meet not
less frequently than monthly--
(i) to discuss issues of concern, including youth crime,
school violence, job creation, and recreation, and
(ii) to develop creative solutions for assisting community
organizations, laws enforcement officials, school officials,
government officials, and others to address such issues, and
(2) the applicant will submit to the Administrator a
report, not later than 180 days after the first year for
which such applicant receives a grant under section 2,
that--
(A) specifies the number of students and schools involved
and represented on such council,
(B) specifies the number of organizations and individuals
that council and its subcommittees met with,
(C) specifies the number of grants, policies, and programs
submitted to the youth council for review and recommendation,
(D) contains evidence that--
(i) the community has consulted such council and adopted
its recommendations, and
(ii) a grant review process has been established within a
school system or police department that includes an
evaluation by the youth council,
(E) describes the effect that participation on such council
has had on the student representatives, (such as improved
school attendance and academic performance, and decreased
criminal involvement),
(F) describes the effect that participation on such council
has had on the participating schools (such as decrease in
incidence of school violence),
(G) describes the extent to which other students attended
council and subcommittee meetings, and participated as
members of the audience in such council's activities,
(H) describes the extent to which family service, youth
service, and the education, police health, and judicial
departments within such district coordinate anticrime efforts
as a result of the recommendations and programs of such
council,
(I) describing the extent to which such council raises
public awareness and knowledge, via the media, about youth
violence and such council's efforts to help prevent it.
SEC. . SECTION OF GRANT RECIPIENTS.
For the purpose of selecting eligible applicants to receive
grants under section 2, the Administrator shall take into
consideration--
(1) the extent to which all schools in a congressional
district are represented on the proposed youth anticrime
council,
(2) the extent to which youth crime and violence are an
issue of concern in such district,
(3) the extent to which the community is committed to
coordinating and meeting with the youth councils, and
(4) the extent to which the students selected to serve on
such council are representative of the geographical area and
knowledgeable about the issues that such council will
consider.
SEC. . AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998, to carry out this
subtitle.
amendment offered by mr. abercrombie
At the end add the following:
TITLE --TRAVELER PROTECTION
SEC. . AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
TRAVELERS
(a) Chapter 33 of title 28, United States Code, is amended
by adding at the end the following:
``Sec. 540A. Investigation of violent crimes against
travelers
``(a) Upon the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney
General and the Federal Bureau of Investigation may assist in
the investigation of a felony crime of violence in violation
of the law of any State in which the victim appears to have
been selected because he or she is a traveler. In a case in
which the traveler is from a foreign nation, the Department
of Justice and, where appropriate, the Department of State
shall assist the prosecuting and law enforcement officials of
a State or political subdivision to the fullest extent
possible in securing from abroad such evidence or other
information as may be needed for the effective investigation
and prosecution of the crime.
``(b) For purpose of this section--
``(1) the term `felony crime of violence' means an offense
punishable by more than one year in prison that has as an
element the use, attempted use, or threatened use of physical
force against the person of another;
``(2) and for purposes of section 540, the term `State'
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States; and
``(3) the term `traveler' means a person who is not a
resident of the State in which the crime of violence
occurred.''.
(b) The chapter analysis for chapter 33 of title 28, United
States Code, is amended by adding at the end the following:
``540A. Investigation of violent crimes against travelers.''.
amendment offered by mr. scott
Page 172, line 15, strike ``or''.
Page 172, line 17, strike the period and insert ``; or''.
Page 172, after line 17, insert the following:
``(C) job program to prevent crime.''
amendment offered by mr. bonilla
Page 386, after line 16 (at the end of the bill), add the
following new title (and amend the table of titles
accordingly):
TITLE XXIV--STUDY AND REPORT BY ATTORNEY GENERAL
SEC. 2401. STUDY AND REPORT BY ATTORNEY GENERAL.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, the Attorney General shall
make a study and submit a report of the results of that study
to the Congress. Such study shall--
(1) address how to ease the overcrowding at traditional
style prisons by allowing for the processing of new convicts
and the housing of non-violent, elderly, and short-term
Federal, State, and local inmates in prefabricated,
temporary, or portable structures within a secure area; and
(2) determine what legal requirements may exist on the use
of such structures for these purposes and suggest legislative
measures or other appropriate actions to modify or eliminate
those requirements.
(b) Action by the Attorney General.--Not later 2 years
after the report referred to in subsection (a) is submitted
to the Congress, the Attorney General shall implement the
actions recommended in the report.
amendment offered by mr. smith of michigan
Page 34, line 13, after ``(7)'' insert ``if applicable,''.
amendment offered by mr. inslee
At the appropriate place insert the following new title:
TITLE XXXX. CRIMINAL ALIENS.
SECTION XXX1. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) The Federal Government is responsible for controlling
illegal immigration into the United States.
(2) Many States and localities are burdened with the
financial costs of housing and processing aliens who are
unlawfully within the United States and who are charged with
violating criminal statutes.
(3) The Immigration and Naturalization Service is not
permitted under current law to accept local and State
assistance in its deportation responsibilities.
(4) Many communities with criminal alien populations would
like to expedite the deportation of aliens who are charged
with violating criminal statutes and who are either
unlawfully within the United States or willing to submit to
voluntary deportation under safeguard.
SEC. XXX2. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(A) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, the Attorney
General, in the discretion of the Attorney General, is
authorized to accept, hold, administer, and utilize gifts of
property and services (which may not include cash assistance)
for the purpose of assisting the Immigration and
Naturalization Service in carrying out the deportation of
aliens who are subject to charges for misdemeanor or felony
crimes under State or Federal law and who are either
unlawfully within the United States or willing to submit to
voluntary deportation under safeguard. Any property acquired
pursuant to this section shall be acquired in the name of the
United States.
(b) Limitation.--The Attorney General shall terminate or
rescind the excise of the authority under subsection (a) if
the Attorney General determines that the exercise of such
authority has resulted in discrimination in law enforcement
on the basis of race, color, or national origin.
amendment to be offered by mr. filner
Page 378, line 25, strike ``and'', in line 4 on page 379
strike the period and insert ``; and''; and after line 4 on
page 379 insert the following:
``(14) to reduce the incidence of graffiti and to promote
graffiti removal, prevention, and education programs.
amendment offered by mr. hall of ohio
Page 233, line 7, after the quotation marks insert
``victims assistance programs,''.
amendment offered by mr. becerra
At the end insert the following new title:
TITLE XXIV--IMMIGRATION PROVISIONS
SEC. 2401. EXPEDITED DEPORTATION FOR DENIED ASYLUM
APPLICANTS.
(A) The Attorney General may provide for the expeditious
adjudication of asylum claims and the expeditious deportation
of asylum applications whose applications have been finally
denied, unless the applicant remains in an otherwise valid
nonimmigrant status.
(b) There are authorized to be appropriated to carry out
this section, such sums as are necessary for each of fiscal
year 1994, 1995, 1996, 1997, and 1998.
SEC. 2402. IMPROVING BORDER CONTROLS.
(a) There are authorized to be appropriated such sums as
are necessary to increase the Immigration and Naturalization
Service's resources for the Border Patrol, the Inspections
Program, and the Department Branch to apprehend illegal
aliens who attempt clandestine entry into the United States
or entry into the United States with fraudulent documents or
who remain in the country after their nonimmigrant visas
expire.
(b) The Attorney General shall report to the Congress every
two years on the programs referred to in subsection (a).
SEC. 2403. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) Subject to the availability of appropriations, the
Attorney General may expand the program authorized by section
242A(d) of the Immigration and Naturality Act to ensure that
such aliens are immediately deportable upon their release
from incarceration.
(b) There are authorized to be appropriated such sums as
necessary to carry out this section for each of fiscal years
1995 through 1998.
(c) The Attorney General shall report to the Congress every
two years on the program referred to in subsection (a).
SEC. 2404. CONSTRUCTION OF INS SERVICE PROCESSING CENTERS TO
DETAIN CRIMINAL ALIENS.
There are authorized to be appropriated such sums as are
necessary in fiscal year 1996 to construct or contract for
the construction of 2 Immigration and Naturalization Service
Processing Centers to detain criminal aliens.
amendment offered by mr. wheat
At the end of the bill insert the following new title:
TITLE --COMMISSION ON CRIME AND VIOLENCE.
SEC. . FINDINGS.
The Congress finds that--
(1) there is no more important responsibility of government
than the protection of the lives and property of its
citizens;
(2) a violent crime occurs every 22 seconds in America;
(3) the Nation's law enforcement personnel and criminal
justice system lack the resources they need to fully maintain
law and order;
(4) the proliferation of drugs and guns in the last 3
decades has dramatically changed the nature of crime;
(5) it has been 27 years since the Brown Commission
redefined the Federal Government's response to crime in
America; and
(6) the Nation must commit itself to an energetic,
innovative assault on the epidemic of crime in our society,
including--
(A) alternative forms of sentencing to guarantee swift and
sure punishment of criminals, including the Nation's growing
number of youth offenders;
(B) initiatives by the public and private sectors designed
to identify and alleviate the causes of criminal behavior;
and
(C) an examination of current laws and law enforcement
practices to determine where and how resources may be best
utilized to fight crime, reduce burdens on courts and jails,
and stop recidivism.
SEC. . ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.
(a) Establishment.--There is established a commission to be
known as the ``National Commission on Crime and Violence in
America'' (referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 22
members, of whom--
(A) 6 shall be appointed by the President;
(B) 8 shall be appointed by the Speaker of the House of
Representatives, of whom 2 shall be appointed on the
recommendation of the minority leader; and
(C) 8 shall be appointed by the President pro tempore of
the Senate, of whom 6 shall be appointed on the
recommendation of the majority leader and 2 shall be
appointed on the recommendation of the minority leader.
(2) Goals in making appointments.--In appointing members of
the Commission, the President, Speaker, President pro
tempore, and the majority and minority leaders shall seek to
ensure that--
(A) the membership of the Commission reflects the racial,
ethnic, and gender diversity of the United States; and
(B) members are specially qualified to serve on the
Commission by reason of their education, training, expertise,
or experience in--
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement;
(v) social work; and
(vi) ethnography and urban poverty, including health care,
housing, education, and employment.
(3) Deadline.--Members of the Commission shall be appointed
within 60 days after the date of enactment of this Act.
(4) Term.--Members shall serve on the Commission through
the date of its termination under section 8.
(5) Meetings.--The Commission--
(A) shall have its headquarters in the District of
Columbia; and
(B) shall meet at least once each month for a business
session.
(6) Quorum.--Twelve members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(7) Chairperson and vice chairperson.--Not later than 15
days after the members of the Commission are appointed, the
members shall designate a Chairperson and Vice Chairperson of
the Commission.
(8) Vacancies.--A vacancy in the Commission shall be filled
not later than 30 days after the Commission is informed of
the vacancy in the manner in which the original appointment
was made.
(9) Compensation.--
(A) No pay, allowance, or benefit.--Members of the
Commission shall receive no pay, allowances, or benefits by
reason of their service on the Commission.
(B) Travel expenses.--A member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. . DUTIES.
The Commission shall--
(1) review the effectiveness of traditional criminal
justice approaches in preventing and controlling crime and
violence;
(2) examine the impact that changes to Federal and State
law have had in controlling crime and violence;
(3) examine the impact of changes in Federal immigration
laws and policies and increased development and growth along
United States international borders on crime and violence in
the United States, particularly among our Nation's youth;
(4) examine the problem of youth gangs and provide
recommendations on how to reduce youth involvement in violent
crime;
(5) examine the extent to which assault weapons and high
power firearms have contributed to violence and murder in the
United States;
(6) convene hearings in various parts of the country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical
doctors, and other citizens that wish to participate;
(7) review all segments of the criminal justice system,
including the law enforcement, prosecution, defense,
judicial, corrections components, in developing the crime
control and antiviolence plan;
(8) develop a comprehensive and effective crime control and
antiviolence plan that will serve as a blueprint for action
in the 1990's;
(9) bring attention to successful models and programs in
crime prevention, crime control, and antiviolence;
(10) reach out beyond the traditional criminal justice
community for ideas when developing the comprehensive crime
control and antiviolence plan;
(11) recommend improvements in the coordination of Federal,
State, local, and international border crime control efforts;
(12) make a comprehensive study of the economic and social
factors leading to or contributing to crime and violence and
specific proposals for legislative and administrative actions
to reduce crime and violence and the elements that contribute
to crime and violence; and
(13) recommend means of allocating finite correctional
facility space and resources to the most serious and violent
offenders, with the goal of achieving the most cost-effective
crime control and protection of the community and public
safety, after--
(A) examining the issue of disproportionate incarceration
rates among black males and any other minority group
disproportionately represented in Federal and State
correctional populations; and
(B) considering increased use of alternatives to
incarceration that offer a reasonable prospect of equal or
better crime control at equal or less cost than
incarceration.
SEC. . STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--After consultation with the members of
the Commission, the Chairperson shall appoint a director of
the Commission (referred to as the ``Director'').
(2) Compensation.--The Director shall be paid at a rate not
to exceed the rate of basic pay for level V of the Executive
Schedule.
(b) Staff.--With the approval of the Commission, the
Director may appoint such personnel as the Director considers
to be appropriate.
(c) Civil Service Laws.--The staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the
Commission, the Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(e) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, personnel of that agency to the
Commission to assist in carrying out its duties.
(f) Physical Facilities.--The Administrator of the General
Services Administration shall provide suitable office space
for the operation of the Commission. The facilities shall
serve as the headquarters of the Commission and shall include
all necessary equipment and incidentals required for proper
functioning.
SEC. . POWERS.
(a) Hearings.--The Commission may conduct public hearings
or forums at its discretion, at any time and place it is able
to secure facilities and witnesses, for the purpose of
carrying out its duties.
(b) Delegation of Authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action that the Commission is authorized to take by this
section.
(c) Information.--The Commission may secure from any
Federal agency or entity in the executive or legislative
branch such materials, resources, statistical data, and other
information as is necessary to enable it to carry out this
Act. Upon request of the Chairperson or Vice Chairperson of
the Commission, the head of a Federal agency or entity shall
furnish the information to the Commission to the extent
permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
SEC. . REPORTS.
(a) Monthly Reports.--The Commission shall submit monthly
activity reports to the President and the Congress.
(b) Interim Report.--Not later than 1 year before the date
of its termination, the Commission shall submit an interim
report to the President and the Congress containing--
(1) a detailed statement of the findings and conclusions of
the Commission;
(2) recommendations for legislative and administrative
action based on the Commission's activities to date;
(3) an estimation of the costs of implementing the
recommendations made by the Commission; and
(4) a strategy for disseminating the report to Federal,
State, and local authorities.
(c) Final Report.--Not later than the date of its
termination, the Commission shall submit to the Congress and
the President a final report with a detailed statement of
final findings, conclusions, recommendations, and estimation
of costs and an assessment of the extent to which
recommendations included in the interim report under
subsection (b) have been implemented.
(d) Printing and Public Distribution.--Upon receipt of each
report of the Commission under this section, the President
shall--
(1) order the report to be printed; and
(2) make the report available to the public.
SEC. . TERMINATION.
The Commission shall terminate on the date that is 2 years
after the date on which members of the Commission have met
and designated a Chairperson and Vice Chairperson.
amendment offered by mr. vento
Page 115, line 13, after ``Secretary of Agriculture''
insert ``Secretary of the Interior,''.
amendment offered by mr. wise
At page 386, after line 16, add the following new title:
TITLE XXIV--MISCELLANEOUS
SEC. 24 . EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
Nothing in this Act shall be construed to prohibit or
exclude the expenditure of appropriations to grant recipients
who would have been or are eligible to receive grants under
subpart 1 of part E of the Omnibus Crime Control and Safe
Streets Act of 1968.
Amendment offered by Mr. miller of california
Page 233, after line 8, insert the following new subtitle:
Subtitle L--Urban Recreation and At-Risk Youth
SEC. 1099. FINDINGS.
Section 1002 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
subsection (d), by striking the period at the end of
subsection (e) and inserting ``; and'' and by adding the
following at the end thereof:
``(f) the quality of life in urban areas has suffered
because of decline in the availability of park and recreation
systems, including land, facilities, and services;
``(g) the deterioration of urban park and recreation
facilities is due in part to the underfunding of Federal
grant programs intended to assist in the revitalization of
urban recreation facilities and allow us to take back our
parks from crime, vandalism, and dilapidation;
``(h) the urban neighborhoods eligible for assistance under
this title have deteriorated, in part, due to the rapid
increase in violent crime among youth;
``(i) accessible, well-maintained recreational facilities
and services have been shown to significantly decrease the
incidence of violent crime among youth and can be an
effective tool in efforts to prevent crime, increase public
safety and improve the quality of life of urban residents;
and
``(j) urban sport and recreation programs teach important
values and life skills including teamwork, individual
responsibility, respect, leadership, and self-esteem which
help prevent young people form engaging in criminal
behavior.''.
SEC. 1099A. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 is amended by adding the following at the end
thereof: ``It is further the purpose of this title to improve
recreation facilities and expand recreation services in urban
areas with a high incidence of crime and to help deter crime
through the expansion of recreation opportunities for at-risk
youth. It is the further purpose of this section to increase
the security of urban parks and to promote collaboration
between local agencies involved in parks and recreation, law
enforcement, youth social services, and the juvenile justice
system.''.
SEC. 1099B. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act
of 1978 is amended by inserting the following new subsection
after subsection (c) and by redesignating subsections (d)
through (j) as (e) through (k) respectively:
``(d) `at-risk youth recreation grants' means--
``(1) rehabilitation grants,
``(2) innovation grants, or
``(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including grants for operating, or
coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of
crime, particularly violent crime or crime committed by
youthful offenders, in addition to the purposes specified in
subsection (b), rehabilitation grants referred to in
paragraph (1) of this subsection may be used for the
provision of lighting, emergency phones or other capital
improvements which will improve the security of urban
parks;''.
SEC. 1099C. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ``and'' at the end of
paragraph (6), by striking the period at the end of paragraph
(7) and inserting ``; and'' and by adding the following at
the end thereof:
``(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
``(A) Programs which are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
``(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and self-
esteem.
``(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities;
``(D) Programs which offer services during late night or
other nonschool hours.
``(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law enforcement,
and youth social service agencies and nongovernmental
entities, including the private sector and community and
nonprofit organizations.
``(F) Programs which leverage public or private recreation
investments in the form of services, materials, or cash.
``(G) Programs which show the greatest potential of being
continued with non-Federal funds or which can serve as models
for other communities.''.
SEC. 1099D. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery
Act of 1978 is amended by adding the following at the end
thereof: ``In order to be eligible to receive `at-risk youth
recreation grants' a local government shall amend its 5-year
action program to incorporate the goal of reducing crime and
juvenile delinquency and to provide a description of the
implementation strategies to achieve this goal. The plan
shall also address how the local government is coordinating
its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service
agencies.''.
SEC. 1099E. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support.--Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting ``(a)
In General.--'' after ``1013'' and by adding the following
new subsection at the end thereof:
``(b) Program Support.--Not more than 25 percent of the
amounts made available under this title to any local
government may be used for program support.''
(b) Extension.--Section 1003 of the Urban Park and
Recreation Recovery 1978 is amended by striking ``for a
period of five years'' and by striking ``short-term''.
AMENDMENT OFFERED BY MR. FAZIO
Add at the appropriate place in the bill the following:
SEC. . FUNDING FOR RURAL AREAS.
It is the sense of Congress that--
(1) the Attorney General should ensure that funding for
programs in this Act is distributed such that rural areas
continue to receive comparable support for their broad-based
crime fighting initiatives;
(2) rural communities should not receive less funding than
they receive in fiscal year 1994 for anti-crime initiatives
as a result of any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program should be maintained at its fiscal year 1994 level.
amendment offered by mr. strickland
Page 33, line 18, after ``includes'' insert ``appropriate
professional training for corrections officers in dealing
with violent repeat offenders,''.
amendment offered by mr. brooks
Page 34, after line 16, insert the following:
(c) Consideration.--The Attorney General, in making such
grants, shall give consideration to the special burden placed
on States which incarcerate a substantial number of inmates
who are in the United States illegally.
Page 34, line 17, strike ``(c)'' and insert ``(d)''.
Page 117, line 23, strike ``Resources'' and insert
``Services''.
Page 134, line 21, strike ``or'' the second place it
appears and insert ``a''.
Page 154, line 18, strike ``of'' and insert ``to''.
Page 165, beginning in line 13, strike ``sections 1065
and'' and insert ``section''.
Page 166, line 23, strike ``or Triad program''.
Page 167, line 12, strike ``Triad''.
Page 167, line 20, strike ``Triad endeavors'' and insert
``the program''.
Page 167, line 24, strike ``Triad'' and insert
``program's''.
Page 169, line 4, strike ``Triad''.
Page 170, line 24, strike ``Triad''.
Page 221, line 10, insert ``Youth'' before ``Employment''.
Page 222, line 18, strike ``youth age 14 to 15'' and insert
``youths of age 14 or 15''.
Page 225, line 15, strike ``youth'' and insert ``young''.
Page 226, line 10, strike ``youth'' and insert ``youths''.
Page 226, line 16, strike ``youth'' and insert ``youths''.
amendment offered by Ms. long
At the end of the bill, insert the following new title:
TITLE --RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. . AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended to read as follows:
``(9) There are authorized to be appropriated to carry out
part O $50,000,000 for each of fiscal years 1994, 1995, 1996,
1997, and 1998.''.
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by striking ``$100,000'' and insert
``$250,000''.
SEC. . RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Attorney General, in
consultation with the Governors, mayors, and chief executive
officers of State and local law enforcement agencies, shall
establish a Rural Crime and Drug Enforcement Task Force in
each of the Federal judicial districts which encompass
significant rural lands. Assets seized as a result of
investigations initiated by a Rural Drug Enforcement Task
Force shall be used primarily to enhance the operations of
the task force and its participating State and local law
enforcement agencies.
(b) Task Force Membership.--The task forces established
under subsection (a) shall be chaired by the United States
Attorney for the respective Federal judicial district. The
task forces shall include representatives from--
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United States Park
Police, United States Forest Service and Bureau of Land
Management, and such other Federal law enforcement agencies
as the Attorney General may direct.
SEC. . CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) In General.--The Attorney General may cross-designate
up to 100 law enforcement officers from each of the agencies
specified under section 1502(b)(6) of the Omnibus Crime
Control and Safe Streets Act of 1968 with jurisdiction to
enforce the provisions of the Controlled Substances Act on
non-Federal lands and title 18 of the United States Code to
the extent necessary to effect the purposes of this Act.
(b) Adequate Staffing.--The Attorney General shall, subject
to the availability of appropriations, ensure that each of
the task forces established in accordance with this title are
adequately staffed with investigators and that additional
investigators are provided when requested by the task force.
SEC. . RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director
of the Federal Law Enforcement Training Center shall develop
a specialized course of instruction developed to training law
enforcement officers from rural agencies in the investigation
of drug trafficking and related crimes.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subsection (a) $1,000,000 for
each of fiscal years 1994, 1995, 1996, 1997, and 1998.
SEC. . MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents $20,000,000
for each of fiscal years 1994, 1995, 1996, 1997, and 1998.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. . DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) Short Title.--This section may be cited as the ``Drug
Free Truck Stop Act''.
(b) Amendment to Controlled Substances Act.--
(1) In general.--Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section
408 the following new section:
``transportation safety offenses
``Sec. 409. (a) Definitions.--In this section--
```safety rest area' means a roadside facility with parking
facilities for the rest or other needs of motorists.
```truck stop' means a facility (including any parking lot
appurtenant thereto) that--
``(A) has the capacity to provide fuel or service, or both,
to any commercial motor vehicle (as defined under section
12019 of the Commercial Motor Vehicle Safety Act of 1986 (49
U.S.C. App. 2716)) operating in commerce (as defined in that
section); and
``(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid Primary
System.
``(b) First Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or safety rest area is
(except as provided in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by section
401(b); and
``(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
``(c) Subsequent Offense.--A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or
within 1,000 feet of, a truck stop or a safety rest area
after a prior conviction or convictions under subsection (a)
have become final is subject to--
``(1) 3 times the maximum punishment authorized by section
401(b); and
``(2) 3 times any term of supervised release authorized by
section 401(b) for a first offense.''.
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended by inserting
``409,'' before ``418,'' each place it appears.
(B) Table of contents.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by striking the item relating to section 409 and
inserting the following new item:
``Sec. 409. Transportation safety offenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, and section 21
of the Sentencing Act of 1987 (28 U.S.C. 994 note), the
United States Sentencing Commission shall promulgate
guidelines, or shall amend existing guidelines, to provide an
appropriate enhancement of punishment for a defendant
convicted of violating section 409 of the Controlled
Substances Act, as added by subsection (b).
Subtitle C--Rural Domestic Violence and Child Abuse Enforcement
SEC. . RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
(a) Grants.--The Attorney General may make grants to units
of State and local governments of rural States, and to other
public or private entities of rural States--
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to
investigate and prosecute incidents of domestic violence and
child abuse;
(2) to provide treatment and counseling to victims of
domestic violence and child abuse; and
(3) to work in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
(b) Definition.--In this section, ``rural State'' has the
meaning stated in section 1501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)).
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
1995, 1996, and 1997.
(2) Additional funding.--In addition to funds received
under a grant under subsection (a), a law enforcement agency
may use funds received under a grant under section 103 to
accomplish the objectives of this section.
amendment offered by mr. rostenkowski
Add at the end of title X the following:
TITLE --BOYS AND GIRLS CLUBS IN PUBLIC HOUSING
SEC. 1. ESTABLISHMENT.
The Secretary for Housing and Urban Development, in
consultation with the Attorney General, shall enter into
contracts with the Boys and Girls Clubs of America, a
national nonprofit youth organization to establish Boys and
Girls Clubs in public housing.
SEC. 2. REPORT.
By May 1 of each fiscal year for which funds for this
section are provided, the Secretary of Housing and Urban
Development shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking, Finance and Urban Affairs of the House
of Representatives that details the progress of establishing
boys and girls clubs in public housing and the effectiveness
of the programs in reducing drug abuse and gang violence.
SEC. 3. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated the following sums
to carry out this section--
(1) $12,000,000 for fiscal year 1995;
(2) 12,000,000 for fiscal year 1996; and
(3) 12,000,000 for fiscal year 1997.
amendment offered by mr. frank of massachusetts
At the end, add the following:
TITLE --PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES
SEC. . PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND
SERVICES.
Section 2320(a) of title 18, United States Code, is
amended--
(1) in the first sentence--
(A) by striking ``$250,000 or imprisoned not more than five
years'' and inserting ``$2,000,000 or imprisoned not more
than 10 years''; and
(B) by striking ``$1,000,000'' and inserting
``$5,000,000'';
(2) in the second sentence--
(A) by striking ``$1,000,000 or imprisoned not more than
fifteen years'' and inserting ``$5,000,000 or imprisoned not
more than 20 years''; and
(B) by striking ``$5,000,000'' and inserting
``$15,000,000'';
amendment offered by mr. mccandless
At the end of the bill add the following:
TITLE --MILITARY MEDALS AND DECORATIONS
SEC.
That section 704 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) by striking ``not more than $250'' and inserting
``under this title''; and
(3) by adding at the end the following:
``(b)(1) If the decoration or medal involved in an offense
under subsection (a) of this section is a Congressional Medal
of Honor, in lieu of the punishment provided in such
subsection the offender shall be fined under this title or
imprisoned not more than one year, or both.
``(2) As used in subsection (a) of this section with
respect to a Congressional Medal of Honor, the term `sells'
includes trades, barters, or exchanges for anything of value.
``(3) As used in this subsection, the term `Congressional
Medal of Honor' is a medal awarded under section 3741 of
title 10.''.
amendment offered by mr. kennedy
At the end of title 10, insert the following:
Subtitle --Community-Based Justice Grants for Local Prosecutors
SEC. . GRANT AUTHORIZATION.
The Attorney General may make grants to local prosecutors
for the purpose of supporting the creation or expansion of
community-based justice programs.
SEC. . USE OF FUNDS.
Grants made by the Attorney General under this section
shall be used--
(1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police,
probation officers, youth and social service professionals,
and community members in the effort to reduce the incidence
of, and increase the successful identification and speed of
prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose
individualized sanctions, designed to deter that offender
from further antisocial conduct, and impose increasingly
serious sanctions on a young offender who continues to commit
offenses; and
(3) to fund programs that coordinate criminal justice
resources with educational, social service, and community
resources to develop and deliver violence prevention
programs, including mediation and other conflict resolution
methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal
activity.
SEC. APPLICATIONS.
(a) Eligibility.--In order to be eligible to receive a
grant under this part for any fiscal year, a local
prosecutor, in conjunction with the mayor from the
jurisdiction in which the program will be placed, shall
submit an application to the Attorney General in such form
and containing such information as the Attorney General may
reasonably require.
(b) Requirements.--Each applicant shall include--
(1) a request for funds for the purposes described in
section ;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime and violence
problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing
such information that the Attorney General may require.
(c) Comprehensive Plan.--Each applicant shall include a
comprehensive plan that shall contain--
(1) a description of the youth violent crime problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 1;
(3) a description of the resources available in the
community to implement the plan together with a description
of the gaps in the plan that cannot be filled with existing
resources; and
(4) a description of how the requested grant will be used
to fill gaps.
SEC. . ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Attorney General
shall use not more than 5 percent of the funds available
under this program for the purposes of administration and
technical assistance.
(b) Renewal of Grants.--A grant under this part may be
renewed for up to 2 additional years after the first fiscal
year during which the recipient receives its initial grant
under this part, subject to the availability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous year were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution
program described in the comprehensive plan required by
section 2.
SEC. . AWARD OF GRANTS.
The Attorney General shall consider the following factors
in awarding grants:
(1) Demonstrated need and evidence of the ability to
provide the services described in the plan required under
section .
(2) The Attorney General shall attempt, to the extent
practicable, to achieve an equitable geographic distribution
of grant awards.
SEC. . REPORTS.
(a) Report to Attorney General.--Local prosecutors that
receive funds under this shall submit to the Attorney
General a report not later than March 1 of each year that
describes progress achieved in carrying out the plan
described under section 2(c).
(b) Report to Congress.--The Attorney General shall submit
to the Congress a report by October 1 of each year in which
grants are made available under this which shall contain a
detailed statement regarding grant awards, activities of
grant recipients, a compilation of statistical information
submitted by applicants, and an evaluation of programs
established under this .
SEC. . AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
each of the fiscal years 1995 through 1999 to carry out the
purposes of this .
SEC. . DEFINITIONS.
The term ``young violent offender'' means individuals, ages
7-22, who have committed crimes of violence, weapons
offenses, drug distribution, hate crimes and civil rights
violations, and offenses against personal property of
another.
amendment offered by mr. owens
At the end of the bill add the following (and make such
technical and conforming changes as may be necessary):
TITLE XXIV--AGE DISCRIMINATION IN EMPLOYMENT
SEC. 2401. REENACTMENT OF SUBSECTION WITH AN AMENDMENT.
(A) Reenactment.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)) as in effect
immediately before December 31, 1993, is hereby reenacted.
(b) Amendment.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)), as reenacted by
subsection (a) of this section, is amended by striking
``attained the age'' and all that follows through ``1983,
and'', and inserting the following:
``attained--
``(A) the age of hiring or retirement in effect under
applicable State or local law on March 3, 1983; or
``(B) if the age of retirement was not in effect under
applicable State or local law on March 3, 1983, 55 years of
age; and''.
(c) Retroactivity.--Subsections (a) and (b) shall take
effect immediately after the operation of section 3(b) of the
Age Discrimination in Employment Amendments of 1986 (Public
Law 99-592; 29 U.S.C. 523 note).
SEC. 2402. STUDY AND GUIDELINES FOR PERFORMANCE TESTS.
(a) Study.--Not later than 3 years after the date of
enactment of this Act, the Chairman of the Equal Employment
Opportunity Commission (in this section referred to as ``the
Chairman'') shall conduct, directly or by contract, a study
that will include--
(1) a list and description of all tests available for the
assessment of abilities important for completion of public
safety tasks performed by law enforcement officers and
firefighters,
(2) a list of such public safety tasks for which adequate
tests do not exist,
(3) a description of the technical characteristics that
performance tests must meet to be compatible with applicable
Federal civil rights Acts and policies,
(4) a description of the alternative methods available for
determining minimally acceptable performance standards on the
tests described in paragraph (1),
(5) a description of the administrative standards that
should be met in the administration, scoring, and score
interpretation of the tests described in paragraph (1), and
(6) an examination of the extent to which the tests
described in paragraph (1) are cost effective, safe, and
comply with Federal civil rights Acts and regulations.
(b) Advisory Guidelines.--Not later than 4 years after the
date of enactment of this Act, the Chairman shall develop and
issue, based on the results of the study required by
subsection (a), advisory guidelines for the administration
and use of physical and mental fitness tests to measure the
ability and competency of law enforcement officers and
firefighters to perform the requirements of their jobs.
(c) Consultation Requirement; Opportunity for Public
Comment.--(1) The Chairman shall, during the conduct of the
study required by subsection (a), consult with--
(A) the United States Fire Administration,
(B) the Federal Emergency Management Agency,
(C) organizations that represent law enforcement officers,
firefighters, and their employers, and
(D) organizations that represent older individuals.
(2) Before issuing the advisory guidelines required in
subsection (b), the Chairman shall allow for public comment
on the proposed guidelines.
(d) Development of Standards for Wellness Programs.--Not
later than 2 years after the date of the enactment of this
Act, the Chairman shall propose advisory standards for
wellness programs for law enforcement officers and
firefighters.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000.
amendment offered by mr. evans
Page 34, line 12, strike ``; and'' and insert a semicolon,
in line 16 strike the period and insert a semicolon, and
after line 16 insert the following:
(8) assurances that the State or States have implemented,
or will implement within 18 months after the date of the
enactment of this Act, policies to determine the veteran
status of inmates and to ensure that incarcerated veterans
receive the veterans benefits to which they are entitled.
amendment offered by mr. rangel
Page 233, after line 8, insert the following:
SEC. . EXTENSION OF BYRNE GRANT FUNDING.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995, 1996, 1997,
1998, and 1999, to carry out the programs under parts D and E
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968.
amendment offered by mr. manzullo
Page 233, after line 8, add the following:
SEC. . BENEFITS FOR CHAPLAINS.
(a) In General.--Section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(1) by redesignating paragraphs (2) through (7) as (3)
through (8), respectively;
(2) by inserting after paragraph (1) the following:
``(2) chaplain means any individual serving as an
officially recognized or designated member of a legally
organized volunteer fire department or legally organized
police department, or an officially recognized or designated
public employee of a legally organized fire or police
department who was responding to a fire, rescue, or police
emergency.''; and
(3) in paragraph (8), as redesignated by paragraph (1) of
this Act, by striking ``or rescue squad or ambulance crew''
and inserting ``rescue squad or ambulance crew, or
chaplain''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to injuries or deaths that occur in the line of
duty on or after such date.
The CHAIRMAN. Under the rule, the en bloc amendments are considered
as read.
Pursuant to the rule, the gentleman from Texas [Mr. Brooks] is
recognized for 5 minutes, and the gentleman from Wisconsin [Mr.
Sensenbrenner] is recognized for 5 minutes.
The Chair recognizes the gentleman from Texas [Mr. Brooks].
Mr. BROOKS. Mr. Chairman, I yield myself such time as I may consume.
(Mr. BROOKS asked and was given permission to revise and extend his
remarks.)
Mr. BROOKS. Mr. Chairman, of the amendments filed to H.R. 4092, I
believe a number are noncontroversial and can be dealt with rather
quickly. Because I think that this body should be given the chance to
vote on them, I am now offering these amendments as an en bloc
amendment.
My action is in no way meant to cut off debate on any of these
important amendments. However, we do have many amendments to deal with,
a whole bucket--I am told we may be on the floor for over 21 hours--and
with this en bloc amendment, I am simply trying to move the process
along.
The en bloc amendment before us includes amendments from both
Republicans and Democrats. It ranges widely--covering many different
subject areas--from Mr. Porter's amendment requiring that the U.S. flag
be flown at half staff on all Government buildings on Peace Officers
Memorial Day to Congressman McCandless' amendment strengthening
penalties against illegal use of a Congressional Medal of Honor; from
Congresswoman Slaughter's amendment on a National Commission To Support
Law Enforcement to Mr. Livingston's amendment requiring the Secretary
of Defense and the Attorney General to study the suitability of
converting military installations into prison facilities.
Congressman Abercrombie's amendment allows local law enforcement
officials the option to obtain Federal assistance in investigating
violent crimes against travelers; Congressman Bonilla's amendment
requires the Attorney General to study the issue of overcrowding in
prisons. Ms. Long, Mr. Ewing, and Mr. Baesler have provided a package
to help rural areas deal with crime and drugs. Mr. Rangel's amendment
reauthorizes the Byrne Grant Program for 5 years, a matter of grant
interest to many Members, I know both Republicans and Democrats. The
list of amendments goes on, and I have noted just a few.
The list has been available since yesterday around 3 p.m.
I am sure that all of the Members included in the en bloc amendment
care a lot about their individual amendments, and so do I. For those
not now included, do not fear: Your time will come--later in the
debate.
I thank all these Members for their efforts to perfect the bill and
to assist in the fight against crime. I ask your support for the
amendment.
Mr. Chairman, I reserve the balance of my time.
{time} 1050
Mr. SENSENBRENNER. Mr. Chairman, I yield myself 2 minutes.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, the procedure that is being utilized
in the consideration of these en bloc amendments is one of the things
that is really an embarrassment to the House of Representatives. There
are many very good ideas that are contained in the en bloc amendments,
but they will drag along some really pretty bad ones and there is only
going to be one vote up or down on this whole package.
First of all, this amendment further increases the unappropriated
authorizations by approximately $460 million. That is almost one-half
billion dollars more in spending, but no funding mechanism whatsoever.
So this is once again a hollow promise that is being made at this time
for some very worthwhile programs that Congress will undoubtedly not
back up its promises with dollars to implement.
But also in this amendment there are a couple of really crazy
amendments. Those who vote for this amendment will be voting for the
Federal aid for graffiti prevention and removal. Can Members imagine a
lower priority than to have the Federal Government borrow money at
interest and run up the deficit and the national debt to provide aid to
prevent and remove graffiti? But nonetheless, that is in here by a
provision shoehorned in by the gentleman from California [Mr. Filner].
I think I would be remiss in my duties as a Representative if I did
not stand up and object to this procedure and object to spending the
taxpayers' hard-earned dollars to establish a Federal program with a
whole bunch of bureaucracy to decide which communities get grants for
graffiti removal and prevention. I would hope that enough Members share
this concern of mine to cast a protest no vote when I ask for a roll
call in a few minutes.
Mr. Chairman, I yield 2 minutes to the gentleman from Florida [Mr.
McCollum].
(Mr. McCOLLUM asked and was given permission to revise and extend his
remarks.)
Mr. McCOLLUM. Mr. Chairman, I thank the gentleman for yielding the
time.
Mr. Chairman, there are many good amendments in this en bloc
provision. I do not think that many of use are going to argue with 80
or 90 percent of the amendments that are in here. I agree with the
gentleman from Wisconsin, there are two or three particularly egregious
ones in here that add to what are already in title X, and add to the
additional amount of money we are just spreading around for so-called
root cause solution.
I would like to point out while there are also two or three
amendments in here of a positive nature dealing with immigration, the
Becerra amendment which is in this en bloc provision, while billed as
something to correct the problems of illegal immigration and criminal
aliens, does not really attack the criminal alien problem. It is not a
substitute for legislation which would include authorizing a specific
increase in border patrol agents or INS investigators, imposing
effective limits on illegal alien access to Government benefits, and
reforming employer sanctions to make them both more effective and less
confusing for employers and employees alike; and criminal aliens,
substantive legislation which would include swifter and more effective
identification and deportation of deportable criminal aliens in State
and local prisons, as well as Federal prisons. And it is certainly no
substitute for asylum reform, which would include expedited exclusion,
which we have offered in committee, and some of us would like to offer
out here today.
It does include the Gilman proposal, and I would like to yield to the
gentleman from New York [Mr. Gilman] to explain that.
Mr. GILMAN. Mr. Chairman, will the gentleman yield?
Mr. McCOLLUM. I yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I welcome the opportunity to discuss and help to enact
today the essence of legislation I have introduced, H.R. 3302, the
Passport and Visa Offenses Penalties Improvement Act of 1993, as part
of the en bloc amendments to the Violent Crime Control And Law
Enforcement Act now before the House. I want to thank Chairman Brooks,
Mr. Solomon, Mr. Hyde, Mr. McCollum, and Mr. Smith of Texas of the
Judiciary Committee, for their outstanding efforts to help enable most
of the provisions of my bill being included in the en bloc amendments
now before us. I was pleased the State Department also supported these
increased penalties.
I look forward to working with the distinguished chairman of the
Committee on Judiciary, and the other cosponsors and supporters of this
important bill in exploring the possibility of providing badly needed
asset forfeiture authority to the State Department, once the planned
reform and current examination of our asset forfeiture laws are
completed. I understand that such reform legislation is in the process
of being developed following the uncertainty after a recent Supreme
Court case and additional examinations of how this authority is being
used today by our Federal law enforcement authorities.
Hopefully, any reform legislation moved through the Judiciary
Committee, will present the opportunity to also provide this badly
needed asset forfeiture authority to the State Department Diplomatic
Security agents out there on the streets fighting today's massive visa
and passport fraud problems.
Mr. Speaker, my amendment to the crime bill in the form of H.R. 3302,
in essence which is included in the en bloc amendment, will help
modernize our Nation's Federal laws as they relate to the outdated
criminal penalties dealing with visa and passport fraud, and other
offenses involving the misuse of these vital travel and entry
documents.
There will be much debate about what crimes the House bill should be
dealing with on the Federal, versus the State or local levels. This
will not be the case with regard to my amendment. The U.S. State
Department is solely charged with protecting the integrity of U.S.
passports and visas, a role the Federal Government must and has to play
in this particular area of Federal crime.
One of the main purposes of a crime bill is to increase Federal
criminal penalties where appropriate and needed. The Senate crime bill
already raises criminal penalties for visa and passport offenses. My
amendment is a much stronger version of the criminal penalties for
these offenses. It will give the State Department's Diplomatic Security
agents the tough criminal sentences they need to help get a handle on
these fraudulent travel and entry documents.
Our Nation received a terrorist wake-up call last February which we
can not ignore. The World Trade Center bombing in New York made it
vividly clear that this Nation can be the target of international
terrorism, especially on the streets and in the offices of our cities.
Some of the defendants in that case have been charged with possession
and use of fraudulent travel documents. In fact, 9 of the 35 indictable
counts in the Trade Center case, and the subsequent terrorist plots
against commuter tunnels and other targets, were for passport and visa
fraud. These events have shaken our confidence in our very safety and
internal security from acts of international terrorism.
In light of these events, we must be more vigilant and concerned
about international terrorism. In particular, we need to be concerned
about the thousands of illegal travel documents that are out there,
which facilitate terrorism, and other serious criminal activity such as
drug trafficking, all directed at the United States.
The Inspector General of the State Department in a September 1993
Audit of the Department's Machine Readable Visa Program said, ``The use
of fraudulent nonimmigrant visas [NIV's] to enter the United States
illegally is a serious and growing problem.'' Earlier, Newsweek in an
August 9, 1993, article on our out-of-control borders stated, ``The lax
controls have spawned a robust market for counterfeit documents. Stolen
U.S. passports, usually altered with a new photograph, are in special
demand.'' So we all know the extent of the problem. Now, let us fix it
and help restore America's security and control over illegal entry into
this great Nation.
A post Trade Center bombing review of the Federal criminal penalties
currently on the books regarding visa and passport fraud, which
facilitate the entry of illegal aliens capable of committing acts of
terrorism against the United States, reveals a serious need for
improvement.
Recently, for example, it was reported that agents of the State
Department's Bureau of Diplomatic Security arrested in Newark, NJ, a
document counterfeiter who had produced numerous forged U.S. travel
visas, using a color copier, whose inauthenticity were almost
undetectable. Some of these rather excellent forged U.S. visas were
sold to followers of radical Sheik Rahman. This is a serious and deadly
business.
Yet, it is currently not unusual for major criminals convicted of
passport and visa crimes--most of which are felonies--to receive light
sentences, even probation. Few U.S. Attorneys are willing to take such
low-level penalty cases involving 5 years or less under current law.
Now is the time to change that. My amendment does so effectively by
making the punishment fit the crime.
My amendment increases the maximum imprisonment time for these
offenses specified in title 18 United States Code sections 1541 and
1546 to 10 years in most cases. The penalties have not been raised
since 1948; more than 45 years ago. In addition, I have also added a
new maximum 15-year term for offenses committed to facilitate drug
trafficking, and a 20-year term for offenses done to facilitate
terrorism.
With regard to the asset forfeiture penalties in my original bill
that would have made the tools of these crimes, as well as the fruits,
subject to civil forfeiture, I look forward to working with the
gentleman from Texas [Mr. Brooks], the distinguished Judiciary
Committee chairman and the other members in the context of the planned
reform of our asset forfeiture laws and procedures. So, for example the
next time, in the Newark case of the many forged U.S. visas that I
referenced, such items as the copier or printer, the vehicles used to
transport them, and any illicit gains can all be seized by the
Government as an additional deterrent to these crimes.
The victims of the Trade Center bombing in New York last year, will
be pleased that their elected Representatives here in the Congress are
closing some of the loopholes in our Federal laws that that bombing
exposed. It is gratifying that today we have started to address an area
of Federal criminal law that cries out for reform, and which may help
protect all of us from another terrorist attack in the future.
Mr. BROOKS. Mr. Chairman, I yield 30 seconds to the gentleman from
California [Mr. Fazio].
Mr. FAZIO. Mr. Chairman, I want to thank Chairman Brooks for allowing
Members from rural areas to include in this en block amendment the
reauthorization of the Byrne Act and language offered by the gentleman
from West Virginia [Mr. Wise] and the gentleman from Michigan [Mr.
Stupak] and myself on behalf of rural communities that truly need to
continue to have Federal assistance to fight crime and drugs. We are
concerned certainly about suburban and urban problems, but this
amendment which the gentleman from Texas [Mr. Brooks] has put together
will give the assurance to rural communities that they are not going to
be left out. And I want to thank him and the gentleman from New York
[Mr. Schumer] for their assistance.
Mr. Chairman, I rise in support of the provision which my colleague
from Michigan [Mr. Stupak] and I are offering as part of the chairman's
en block amendment. Our noncontroversial, but necessary, measure will
help ensure that rural communities do not lose ground as the rest of
the country moves forward on new anti-crime strategies.
The Fazio-Stupak amendment expresses the sense of Congress that rural
areas should continue to receive the level of support that they had
prior to enactment of this crime bill. It says that rural America
should not receive less funding than it did in fiscal year 1994, and
that the formula portion of the Edward Byrne Memorial State and Local
Law Enforcement Assistance Program should be maintained at its fiscal
year 1994 level.
Rural America relies heavily on Byrne formula grants for support for
its law enforcement efforts. Sheriffs and police chiefs in my district
have stressed how critical these funds are to their operations. Without
Byrne formula grants, Tehama, Glenn, Colusa, Yolo, and other counties
would have to do away with their narcotics task forces, leaving these
communities wide open to drugs and the violence that accompanies this
persistent problem.
Although, in response to input from rural law enforcement, a portion
of these funds has been restored, it is critical that we maintain our
previous level of support for this critical component of the rural
anticrime effort. The amendment puts Congress firmly on record that, as
we attempt to attack crime in the cities and suburbs throughout
America, rural communities do not get left behind. I therefore thank
both Chairman Brooks and Chairman Schumer for including this provision
in the en bloc amendment, and encourage my colleagues to support its
passage.
Mr. BROOKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Illinois [Mr. Rostenkowski].
(Mr. ROSTENKOWSKI asked and was given permission to revise and extend
his remarks.)
Mr. ROSTENKOWSKI. Mr. Chairman, I rise in support of Chairman Brooks'
en bloc amendment. Among the many important provisions included is my
proposal to increase the number of Boys & Girls Clubs in public
housing. For the young people growing up in public housing projects,
one of the only safe havens from gang violence, drug abuse, and crime
is their Boys & Girls Club.
Many of the most pressing problems of our inner cities are magnified
and intensified in public housing developments. Young people living in
this environment must be provided alternatives and hope for their
future. Of the approximately 2,000 public housing sites that could
sustain a Boys & Girls Club, only 251 sites currently have an active
club. At those sites where clubs have been established, thee have been
remarkable results.
A recent Columbia University study of the effects of Boys & Girls
Clubs in public housing found 25 percent less presence of crack, 22
percent less drug activity, and 13 percent fewer juvenile crime.
Mr. Chairman, I will submit the executive summary of this report for
publishing in the Record.
I could go on at great length about the merits of Boys & Girls Clubs
in my district and in my State, but most of the Members are familiar
with this organization's experience in helping high-risk boys and
girls. Their track record has been impressive and it should be
expanded.
My amendment would authorize the appropriation of $12 million per
year for the next 3 years. With these funds, approximately 250 new
clubs could be up and running in public housing. It is my understanding
that the Secretary of Housing and Urban Development supports this
proposal.
Mr. Chairman, as we move forward on this important crime legislation
I feel that it is imperative that we enable more of America's neediest
young people to build trust and confidence, acquire honest values, and
pursue a better destiny. I urge my colleagues to support this
amendment.
Mr. Chairman, I include for the Record the Executive Summary of the
Final Research Report on the Effects of Boys & Girls Clubs on Alcohol
and Other Drug Use and Related Problems in Public Housing.
Executive Summary of the Final Research Report on the Effects of Boys &
Girls Clubs on Alcohol and Other Drug Use and Related Problems in
Public Housing
purpose and design
This comparative study evaluated the effects of Boys &
Girls Clubs on children and adolescents who live in public
housing and on the overall quality of life in public housing.
Focused on alcohol and other drug use, crime, delinquency and
vandalism, the study involved 15 public housing developments
in a representative sample of American cities.
Beginning in September of 1987 and spanning three years,
the study's external evaluation team compared rates of
alcohol and other drug use and related problems among three
groups of youth who live in public housing. Youth in the
first group did not have access to Boys & Girls Clubs; youth
in the second group had access to newly established Clubs
with a core program and a comprehensive alcohol and other
drug prevention program known as SMART Moves; and youth in
the third group had access to older, existing Clubs with a
core program that often included alcohol and other drug
prevention programs other than SMART Moves.
To evaluate the five Boys & Girls Clubs initiated through
OSAP funding, each of the Clubs with SMART Moves was assigned
two control sites: one public housing site with a Boys &
Girls Club without SMART Moves, and one public housing site
without a Boys & Girls Club. These control sites were
geographically and demographically matched with the Clubs
with SMART Moves. Matching criteria included the size of the
public hosing site, its geographic locale, and demographics
of the population served.
An outside evaluation team of researchers from Columbia
University and from the American Health Foundation in New
York gathered qualitative and quantitative outcome data in
all of the sites. The evaluators, using a standard interview
protocol, polled local community leaders, housing authority
administrators and residents, and school and police officials
to learn the extent of problems and the effects of Boys &
Girls Clubs on youth in public housing.
The outside evaluation team examined crime statistics in
each site. They also conducted observations, noting the
presence of graffiti, garbage, vandalism, drug-related
paraphernalia and drug dealing. Through interviews, police
officers and community leaders helped to interpret the
statistics and assisted evaluators in explaining changes that
occurred throughout the evaluation. In addition, housing
authority managers and Boys & Girls Club directors profiled
each site for the evaluators.
findings
For youth who live in public housing and who have excess to
a Boys & Girls Club, the influence of Boys & Girls Clubs is
manifest in their involvement in healthy and constructive
educational, social, and recreational activities. Relative to
their counterparts who do not have access to a Club, these
youth are less involved in unhealthy, deviant, and dangerous
activities.
Organized sports, one key element of Boys & Girls Clubs,
prevail in neighborhoods that contain Clubs. Such support for
youth in public housing without Boys & Girls Clubs is
relatively rare. When a facility does exist for youth in
public housing without Boys & Girls Clubs, it is usually not
staffed by professionals or other trained personnel. These
unregulated facilities are susceptible to drug dealing and
other illicit activities. In contrast, the Boys & Girls Club
staff are committed to enriching their Club members' social,
emotional, educational, vocational and recreational well
being. Most significantly, participation in organized sports
and other after school activities have been linked to
decreased use of alcohol and other drugs.
Data from the evaluation show that adult residents of
public housing are also beneficially affected by Boys & Girls
Clubs. Compared with parents in public housing sites that do
not have Club programs and facilities, adult family members
in communities with Boys & Girls Clubs are more involved in
youth-oriented activities and school programs.
For adults and youth alike, Boys & Girls Clubs appear to be
associated with an overall reduction in alcohol and other
drug use, drug trafficking, and other drug-related criminal
activity. The presence of crack cocaine is lowest in public
housing sites with Boys & Girls Clubs that have the SMART
Moves prevention program. The rates of drug dealing activity
are also lowest in those sites that are served by Boys &
Girls Clubs with the SMART Moves prevention program.
Further, the study demonstrated that public housing sites
with Boys & Girls Clubs, when compared to public housing
sites without Boys & Girls Clubs, experienced: 13% fewer
juvenile crimes; 22% less drug activity; and 25% less crack
presence.
Although school data are too preliminary to appear in the
body of this report, they are suggestive of the potential
environmental effects of Boys & Girls Clubs on school
performance. Evidence for the positive environmental effects
of Boys & Girls Clubs is suggested by lower percentages of
school academic failure, repeated grades and behavior
problems in schools attended by girls and boys from public
housing sites that have Clubs, relative to schools serving
public housing sites without Clubs.
conclusion
Based on analyses of data collected from public housing
sites that have newly established Boys & Girls Clubs,
existing Boys & Girls Clubs, or no Clubs, several conclusions
from the longitudinal study are empirically warranted.
Foremost among those conclusions is that Boys & Girls Clubs
exert a positive and palpable influence on the human and
physical environment of the indexed public housing sites.
Through interviews, members of the evaluation team
discovered that the presence of Boys & Girls Clubs in public
housing encourages residents to organize and improve their
community. The Clubs stimulate communication between public
housing residents, the police, housing authority managing
personnel, and other community groups. The increase in
communication seems to have enriched the social quality of
life in public housing. This informal interaction and
communication is perhaps the most important effect of Boys &
Girls Clubs and it is also the most difficult to measure.
On a qualitative and intuitive level the researchers find
dramatic differences between public housing sites with Boys &
Girls Clubs and those without Clubs. These indicators of
potential for Boys & Girls Clubs merit further funding and
further research.
Social support services are critical for youth in public
housing. Yet comprehensive and sensitive services for young
people in public housing are practically nonexistent. Public
housing communities urgently need the kind of attention,
community organization, and carefully designed intervention
programs that Boys & Girls Clubs offer.
Although the long-term impact of Boys & Girls Clubs in
public housing is yet to be seen, our evaluation reveals the
positive influence of Clubs. Public and private agencies
providing and/or supporting prevention efforts urgently need
the kind of cost-effective strategy that Clubs provide in
order to prevent alcohol and other drug use and maladaptive
behavior before they are too costly to treat.
Steven P. Schinke, Ph.D.
Mario A. Orlandi, M.PH., Ph.D.
Kristin C. Cole.
Mr. BROOKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Michigan [Mr. Stupak].
(Mr. STUPAK asked and was given permission to revise and extend his
remarks.)
Mr. STUPAK. Mr. Chairman, I would like to thank Chairman Brooks for
yielding this time and for offering these en bloc amendments.
I am pleased to rise today in favor of the Fazio-Wise-Stupak
amendments to H.R. 4092. The purpose of the amendments are to express
the sense of the Congress on the fund for rural communities, the
formula portion of the Byrne grants which we ask be fully funded at the
fiscal year 1994 level.
I am dismayed that I have to be here today to plead for the
restoration of these much needed funds when there is already an
insufficient amount of financial support to wage even the drug war
effectively. These funds serve a great purpose at the State level. They
fund 881 multijurisdictional drug task forces like SANE, UPSET, TNT,
and HUNT in northern Michigan. Furthermore, this money may be used for
up to 21 other programs administered by the Bureau of Justice
administration. Most importantly, we know this is money well spent--
that this program works. Earlier this year, law enforcement officials
from California to Alabama to Michigan came before the Government
Operations Subcommittee on Information, Justice, Agriculture and
Transportation, of which I am a member, and testified as to the merits
of this program.
Apparently, the administration has also recently recognized this
program's value. They have decided to fund the formula portion of the
Byrne memorial grant at one-third of its 1994 level. Unfortunately, Mr.
Chairman, as many Members of this body know, this one-third proposal is
not going to be sufficient.
We are here today trying to fashion legislation that will be tough on
the criminal but easy on the crime fighter. Let us not take away one of
our law enforcement officials' best weapons. Support full restoration
of the Byrne formula grant. Support Fazio-Stupak and the en bloc
amendments.
Mr. BROOKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Illinois [Mr. Evans].
(Mr. EVANS asked and was given permission to revise and extend his
remarks.)
Mr. EVANS. Mr. Chairman, I want to salute the chairman for including
in the amendments the amendment dealing with incarcerated veterans.
This would require States seeking grants for correctional facilities
under this act to determine the veteran status of inmates and take
appropriate steps to ensure that incarcerated veterans receive the
veteran benefits to which they are currently entitled.
This has the support of the major veterans' organizations, and I
appreciate the support of the chairman.
Mr. Chairman, let me begin by thanking our distinguished colleagues,
Chairman Brooks and Chairman Moakley, for allowing the provisions
offered by Congressmen Don Edwards, David Bonior, George Brown, and me
dealing with incarcerated veterans to be included in the en bloc
amendment.
Convicted criminals deserve to be punished for their offenses, but it
is criminal on our part to deprive incarcerated veterans of the
benefits that they have earned.
Our provisions do not excuse the behaviors of incarcerated veterans,
they simply seek to ensure that the Government meets its obligations to
all veterans. The provisions would require States seeking grants for
correctional facilities under this act to determine the veteran status
of inmates and take appropriate steps to ensure that incarcerated
veterans receive the veteran benefits to which they are currently
entitled.
The provisions have the strong support of the Vietnam Veterans of
America, the American Legion, the Veterans of Foreign War, the Disabled
American Veterans, AMVETS, the National Coalition for Homeless
Veterans, and CURE.
There is little, if any, cost associated with the provisions since
they would not alter the current eligibility criteria for veterans'
benefits. The language simply ensures that those men and women who
served and sacrificed for our Nation receive the veterans benefits to
which they are entitled.
When our colleague, George Brown, testified before the Judiciary
Committee in 1990, he stated that ``most veterans who are in prison are
effectively prevented from receiving or even knowing about their
rightfully due veterans services.'' He also explained that we have a
special obligation to incarcerated veterans because their war-time
experiences and PTSD may have been factors leading up to the crimes
that they committed.
Adopting these provisions is not only the right thing to do, it's
also the smart thing to do. Veterans are veterans no mater what else
has transpired in their lives. These men and women served our Nation.
Providing them with their rightful benefits can only remind them of
their prior commitment to society, promote their sense of self, and
further their rehabilitation.
I urge you to vote ``yes'' on the en bloc amendment.
The CHAIRMAN. The gentleman from Texas [Mr. Brooks] has the right to
close debate.
Mr. SENSENBRENNER. Mr. Chairman, I yield back the balance of my time.
Mr. BROOKS. Mr. Chairman, I yield 30 seconds to the gentleman from
West Virginia [Mr. Wise] to close debate.
Mr. WISE. Mr. Chairman, I thank the gentleman for yielding time to
me. I too join to thank the chairman and to urge support of this en
bloc amendment, including the amendments offered by the gentleman from
California [Mr. Fazio], the gentleman from Washington [Mr. Swift], the
gentleman from California [Mr. Condit], the gentleman from Michigan
[Mr. Stupak], and myself, which would restore integrity to the Byrne
program for our area, particularly in West Virginia, but for all areas
across the country.
This guarantees that the multijurisdictional drug task forces which
have been so successful, and the DARE Program, the Drug Abuse
Resistance Education Program can continue.
This has been a bipartisan effort to restore these programs. They are
very essential to our rural areas, so I urge support of these en bloc
amendments. This gets the money to our State and local law enforcement
where it does the most good.
Mr. Chairman, as many of you know, I have supported the Byrne Formula
Grant Program since its inception. In my home State of West Virginia
this program provides critical resources for local law enforcement
efforts that could not be funded otherwise.
I look forward to working with the administration in their efforts to
increase the police presence on the streets. I recognize the importance
of providing adequate levels of law enforcement personnel for community
policy activities and I have supported many of the President's
anticrime initiatives.
However, in the interest of our communities, we must look to the
existing programs that work. I believe that the Byrne Formula Grant
Program should serve as the model for the administration's new
anticrime initiatives, not be eliminated. While there is a need for
additional attention to crime and law enforcement efforts, we don't
need to reinvent the wheel--we should take the success of this program,
and build on them.
The Byrne Formula Grant Program's flexibility and administration are
in keeping with the Vice President's National Performance Review [NPR].
The NPR concluded that the President should empower communities by
being ``committed to solutions that respect bottom-up initiatives
rather than top-down requirements.'' The 21 broad program purposes
enable local law enforcement agencies to focus their resources on the
tough problems in their communities; ranging from combating violent
crime to drug control to prison alternatives and rehabilitation.
This program is the largest Federal crime-fighting resource for
States, and I can attest that the grants are utilized by communities of
all sizes. There are communities in my district that received grants of
less than $1,000, but to those communities that is the difference
between having a program like DARE or a neighborhood program which
assists citizens in preventing crimes.
This program reaches the communities that most need it and the
communities that are willing to make a commitment to the program. The
Byrne Formula program requires that at least 25 percent of the cost of
the program be paid with non-Federal funds--these matching funds ensure
that the communities have a vested interest in seeing these programs
succeed.
The most important aspect of the administration's crime package is
the 100,000 additional cops on the beat. It is important to point out
that the largest share, about one-third of the $1.4 million Byrne
Formula Grant Funds, was used to pay expenses related to
multijurisdictional task forces in the past 5 years, and 57 percent of
those funds were used to pay the salaries of law enforcement officers.
Eliminating the Byrne Program would take cops off the beat, in theory,
to fund putting them on the beat.
During the last week in March, Attorney General Reno announced that
$125 million has been restored to the Byrne Formula Program--last year
funding for the Byrne Formula Program was $358 million. At the present
time, the Department of Justice [DOJ] has focused this money on
multijurisdictional task forces. While I believe that the task forces
are of the utmost importance, I feel that all 21 of the general
purposes under Byrne are important and that the States and local
communities know best how to utilize these funds.
As you know, the Byrne Formula Grant Program is probably the single
most important Federal program for the State of West Virginia. This
year the Justice Department awarded $3,056,000 to West Virginia through
the Byrne Memorial State and Local Law Enforcement Assistance Program.
I have supported the Byrne Formula Grant Program since its inception,
because this program provides critical resources for local law
enforcement efforts that could not be funded otherwise.
The proposed elimination of the Byrne Formula Program would have the
unintended effect of disbanding operational criminal task forces and
threaten the existence of the highly successful DARE program. While I
support enhanced law enforcement efforts in the community, I do not
support eliminating active task forces or jeopardizing existing drug
resistance efforts to do so. This administration is committed to
finding ways to eliminate waste and improve efficiency--keeping this
program in place would be another step in that direction.
I will continue to focus my efforts on restoring full funding for
this vital program.
Mr. BARCA of Wisconsin. Mr. Chairman, first I'd like to thank
Chairman Brooks and the distinguished chairman of the subcommittee, Mr.
Schumer, as well as the Rules Committee for their support in allowing
me to offer this important amendment on violence against truckers.
The challenges truckers and their families must face was called to my
attention at a townhall meeting by a local chapter of the Families of
Truckers Support Group. They suggested that violence against truckers
is pervasive and after researching the issue I agree.
In short, adoption of my amendment would result in no cost to the
taxpayers, no additional federalization of crimes, but would benefit
truckers on the road in every congressional district by:
First, raising public awareness of increase in crimes affecting this
industry and its workers;
Second, reinforcing the protection truckers receive under current
Federal law and encouraging increased Federal prosecution;
Third, encouraging further evaluation by the public and private
sector of how to best deter these crimes and apprehend those involved.
Multijurisdictional authorities and private organizations have
successfully used technology to reduce these crimes. My amendment
encourages the extension of these efforts.
The threat of violence makes the rigorous job of truck drivers even
harder. The Federal Government which is responsible for the collection
of Federal highway taxes and the distribution of commercial driver
licenses [CDL], at significant cost to the driver, must recognize the
surge in violent crimes perpetrated against truckers and reaffirm that
truckers who are victimized while working have a right to full
protection under Federal laws.
This amendment is important to the 8 million workers in the U.S.
trucking industry who earn their living by performing services vital to
our Nation's economy. It has been drafted in consultation with and has
received overwhelming support from many groups and government agencies
concerned with violence against truckers.
In closing, I would urge Members to support truckers and owner
operators who are victims of violent crime by passing this amendment.
Mr. MANTON. Mr. Chairman, I rise today to join my friend, Mr. Rangel,
in support of an amendment to authorize the extension of the Edward
Byrne Memorial State and Local Law Enforcement Assistance Program. This
grant program is an essential part of our fight against drug abuse,
drug trafficking, and drug-related violent crime.
The Byrne Program was named for Eddie Byrne, a 22-year-old rookie New
York City police officer, who was brutally killed in 1988 while on duty
in the 103d precinct in Queens. Eddie Byrne was one of several officers
assigned to around-the-clock protection of the home of a witness in a
major drug trafficking trial. The young officer's murder was ordered by
a drug kingpin from his Riker's Island cell, as a message to those
citizens who are brave enough to stand up for their rights against drug
dealers.
Failing to reauthorize this vitally important program would serve a
crippling blow to our efforts to fight drug abuse and drug related
crime. In New York, the Byrne Program funds drug interdiction efforts
at JFK Airport, one of the principal points of entry into the United
States, an alternative sentencing program providing drug treatment for
two-time drug felony offenders, and the COMBAT antidrug program,
combining local law enforcement with community groups to develop ways
to combat drug crime in neighborhoods with a high incidence of drug
trafficking.
Reauthorization of the Edward Byrne Memorial Grant Program is
necessary to ensure that these successful antidrug programs will
continue to help make our streets safer. I urge my colleagues to
approve the amendment to restore full funding for the Eddie Byrne
Memorial Grant Program. The program is an important weapon in our war
on drugs, and fitting tribute to a young man who gave him life in a
fight to make his neighborhood safe from crime and drugs.
Mr. BONILLA. Mr. Chairman, this amendment is a simple, common sense,
low cost measure to make our streets just a little bit safer than
before. We often hear that prisons are overcrowded. And that
overcrowding is in violation of prisoners' civil rights. Well, if you
talk to any of my constituents out in Texas--they'll ask, ``What about
our rights?'' ``If they don't have room in jail, put them in tents or
barracks.'' I have introduced this amendment, because I hear the voices
of my constituents and I promised them, that I would act on their
behalf.
Weekend family campers sleep outdoors in canvas tents; American
soldiers, airmen, and marines live in barracks; many of our Nation's
high school students are instructed and do their school work in
temporary buildings. So, why I ask, can't we house criminals in the
very same structures that other Americans relax, live and learn in?
Unfortunately, in the past, my State of Texas has been prevented from
putting criminals in safe temporary housing to ease the problem of
overcrowding. At least one Federal judge, it seems, has shown more
concern for the comfort of our criminals than the safety of our
citizens.
We all know that the best form of criminal control is keeping the
people who steal, rape and murder in jail. Unfortunately, our prisons
are full, forcing prison authorities to go to early release programs
for criminals. In fact, many criminals never ever go behind bars
because of prison overcrowding. Judges know that there is simply no
room. This is at all levels of the penal system. Most of the country's
most violent criminals only serve a third of their actual time
sentenced. Murderers often are out in 4 years, rapists are out in 3 and
armed robbers sometimes only serve 2 or even less. Our jails are
revolving doors for criminals. Lack of space is no reason for early
withdrawal. Fortunately though, tents don't have revolving doors.
That is why I have proposed this amendment. We need to have the
Attorney General study and implement ways to house elderly, nonviolent,
newly processed and short term Federal, State, and local inmates in
prefabricated, temporary, or portable structures within a secure area,
so that we can keep the murderers, rapists and robbers behind thick
jailhouse walls. This amendment is a low cost measure to help keep our
friends and families safe. I thank my colleagues for your time,
consideration and support.
Mr. EWING. Mr. Chairman, I rise in support of the en bloc amendment
and wish to thank Chairman Brooks for including the rural caucus
amendment in his amendment. I would also like to thank Congresswoman
Long and Congressman Baesler for cosponsoring this amendment with me.
Crime is an overwhelming problem in small-town America. I have walked
the beat with police officers in towns with a population under 40,000,
and I've seen firsthand how gangs and drugs are chipping away at the
safety of these small towns. There is an organized effort on behalf of
gangs to recruit members in small towns and infiltrate these
communities with drugs.
The rural caucus amendment will target $385 million in crime fighting
dollars to rural areas where, according to the Federal Bureau of
Investigation, violent crime increased by 5 percent from January to
June 1993. This amendment will provide additional Drug Enforcement
Agency agents to rural areas; allow the Attorney General to cross-
designate Federal law enforcement agents for use in rural areas, and
create rural antidrug task forces.
Our amendment will also increase prevention efforts for rural
domestic violence and child abuse. Also, penalties will be increased
for drug distribution at or near truck stops and safety rest areas.
As a former prosecutor, I know how beneficial these resources will be
to apprehend, prosecute, and convict violent criminals. I urge my
colleagues to support Chairman Brooks amendment and help fight crime in
rural America.
Mr. PORTER. Mr. Chairman, I would like to thank the gentleman from
Texas and the gentleman from Wisconsin for including in the en bloc
amendment legislation that I have introduced to fly the U.S. flag at
half-staff on all Government buildings on Peace Officers Memorial Day
to recognize the dedication and sacrifices made by police officers in
our increasingly violent society.
For the past 32 years, May 15 has been designated by law as Peace
Officers Memorial Day in honor of the Federal, State, and municipal
officers who have been killed or disabled in the performance of their
duties. My legislation would simply add a provision for lowering the
flag on this important day; 13,256 law enforcement officers have died
in the line of duty. A much greater number have incurred permanent
disabilities. In 1992 alone, 144 law enforcement officers were killed.
Lowering the flag to half-staff is an appropriate way to show our
appreciation to those officers who have made the ultimate sacrifice to
ensure our safety and security.
My legislation has gained bipartisan support in Congress and
widespread support from the law enforcement community. It has been
endorsed by the National Association of Police Organizations, Concerns
of Police Survivors, the Fraternal Order of Police, the American
Federation of Police, the National Law Enforcement Council, the
National Troopers Coalition, the United Federation of Police Officers,
the Law Enforcement Memorial Association, the Law Enforcement Alliance,
and many others.
This provision is a rather simple gesture, yet it is a very
meaningful demonstration of our regard for those who put their lives on
the line for us every day. Most significantly, perhaps, seeing the flag
at half-staff on each May 15 will remind all of us of how fortunate we,
as Americans, are to live in a society devoted to the rule of law and
to be served by men and women of honor and courage dedicated to
upholding and enforcing it and to our safety and security.
I thank you again and commend both gentlemen for including this
legislation in the en bloc amendment.
Mr. OLVER. Mr. Chairman, I rise today in support of the amendment.
Included is my amendment to authorize a grant program for court
advocates for victims of domestic violence.
Domestic violence is among the most insidious of crimes. It is
committed in the privacy of one's own home, behind drawn curtains and
closed doors. The victims do not suffer on our streets or in our public
parks but in their kitchens, their living rooms, and bedrooms all
across America.
Despite the private scene of these crimes, they are violent
nonetheless. The brutality of this violence is clear in my own State
where in just the first quarter of 1992 alone, 22 women and 5 children
were killed in what authorities labeled domestic violence but what were
more specifically crimes of assault, rape, mutilation, and murder.
This amendment addresses the need for physical safety of the victims
when they are most vulnerable. Studies prove the most dangerous time
for victims of abuse is immediately after receiving a protective order
or when they are attempting to leave an abusive relationship. Victims
seeking protective orders need to know their legal options. They also
need help designing a personal safety plan before leaving court with a
protective order.
Victims may stay in a dangerous situation because they are more
fearful of the court process than of their abuser. The abuse may
intensify to extreme proportions before the victim is finally motivated
to seek court protection.
My amendment would authorize the Director of the Bureau of Justice
Assistance to provide grants to States for at least one specialized
domestic violence court advocate in every court where a significant
number of protective orders are granted.
Court advocates are needed to assist victims of domestic violence who
seek court protection from their abusers. They have an urgent need for
information on legal options; support through an intimidating court
system; help with safety planning, and referrals to various support
services.
This amendment is a result of a roundtable on crime I had with
several of my local law enforcement officials. They said we must pay
more attention to domestic violence. This led me to discussions with
organizations in my district and throughout the State of Massachusetts
focused on finding effective solutions for domestic violence. All of
these organizations agreed that court advocates can be extremely
effective in assisting domestic violence victims.
I ask for your support of this amendment.
Ms. SLAUGHTER. Mr. Chairman, just after Christmas last year, my area
of upstate New York was rocked by a wave of bombings in which five
people were killed. Since that time, I have been concerned that Federal
law does not take explosives crimes as seriously as it should. While
the plague of gun violence has motivated us to reform our firearms
code, we have not made explosives laws nearly as tough.
In a few moments we will consider my amendment to the crime bill,
which will rectify this imbalance. For example, I was shocked to
discover that, under current law, unlawful possession of explosives is
not a Federal felony. For years, we've said that certain people should
not be allowed to carry guns, such as convicted felons. Yet these same
people can drive around with 100 pounds of gunpowder in their trunk and
that's not even a crime.
Similarly, theft of explosives is not a Federal crime, while stealing
a gun is one.
Bombers commit murder by remote control. They don't have to be in the
same room as their victims, or even in the same city. They never have
to see the death and destruction they cause. And their ruthless method
of murder often kills random bystanders--such as John O'Donnell of
Cheektowaga, NY, who was killed by a bomb intended for his coworker.
Mr. Chairman, in recent years, we have seen mail bomb attacks on a
judge and a civil rights activist in the South, a string of bombings at
abortion clinics, and the terrorist attack on the World Trade Center.
These cowardly crimes are clearly becoming more widespread. For the
people of Rochester and for all Americans, we need to take this urgent
corrective action now.
Mr. LIVINGSTON. Mr. Chairman, I would like to take this opportunity
and thank Chairman Brooks for incorporating my base conversation
amendment as part of his en bloc amendment.
Mr. Chairman, my amendment originally was a provision of what I call
my LIFER Plus bill, H.R. 3336. This measure puts hardened, violent
criminals in jail for life and converts closed military installations
into Federal prisons.
In order to properly address our growing crime problem, I believe
that we need recognize that a very small percentage of violent felons
commit the lion's share of all violent crime. By simply removing these
criminals, we can have a profound impact on the prevalence of violent
crime. Just 6 percent of all violent offenders commit a full 70 percent
of violent crimes. Furthermore, there is a 76 percent recidivism rate
among those with three or more convictions. Removing these one-man
crime waves is a vital first step in reclaiming our streets.
According to the Justice Department, the bill's ``Three Strikes''
measure could possibly lockup 200 to 300 criminals a year. I feel it is
important to ensure that we have ample space for these thugs. My
amendment would do just that. Specifically, the amendment would require
the Secretary of Defense and the Attorney General to study all military
installations selected to be closed pursuant to the base closure law
and evaluate the suitability of any of these military installations for
conversion into Federal prison facilities. The amendment directs that
they identify three of them most suitable for such conversion.
Upon the completion of this endeavor, the amendment directs the
Secretary of Defense to transfer jurisdiction over the three
installations to the Attorney General for conversion into Federal
prison facilities designed to incarcerate persons convicted of a
Federal violent felony.
The amendment will also help the States by authorizing the Attorney
General to accept transfers from overcrowded State prisons of persons
previously convicted of a Federal violent felony or are serving a
sentence of more than 20 years.
Mr. HOYER. Mr. Chairman, I want to thank the gentleman from Texas,
Chairman Brooks and the gentleman from New York, Mr. Schumer for giving
me the opportunity to speak on the two amendments I have offered to the
Violent Crime Control and Law Enforcement Act. I rise today to urge my
fellow colleagues to adopt these two amendments as part of the Violent
Crime Control and Law Enforcement Act.
Mr. Chairman, my first amendment would provide the Treasury
Department with a $210 million annual authorization for the next 5
fiscal years from the Violent Crime Reduction Trust Fund. In addition,
it would allow the Treasury Department law enforcement bureaus to
expand many of their programs that are directed toward combating and
preventing crime.
These include programs such as Project Uptown, an ATF initiative
which assists the New York City Police and Housing Authority deal with
armed violent offenders and armed narcotics traffickers who operate in
public housing projects. Other programs include Operation Ceasefire and
Achilles Task Forces. Operation Ceasefire provides advanced computer
technology to State and local police to identify weapons used in crimes
in cities with large numbers of organized criminal gang and drug
related shootings. The Achilles Task Forces which aims to make the
unlawful possession and use of firearms the achilles heel of the small
percentage of violent offenders that commit the majority of violent
crimes. These are only a representative sample of the types of programs
which would be funded.
Mr. Chairman, my second amendment provides for an extension of
financial institutions fraud jurisdiction for the Secret Service.
In November of 1990, we passed Public Law 101-509 which gave the
Secret Service concurrent jurisdiction with the FBI over financial
institutions fraud cases. That authority is set to expire when the RTC
is closed in December of 1995. The amendment would extend the time
frame for Secret Service jurisdiction from December 31, 1995, to
December 31, 2004.
The initial reason behind giving Secret Service the authority to
investigate financial institutions fraud was the abundance of cases
that came about as result of the savings and loans crisis. Although
many of the institutions that caused the crisis have been closed, there
are still far too many bank fraud cases reported each year for the FBI
to handle alone.
Given that the FBI intends to move 25 percent of its current bank
fraud resources to health care fraud cases, there is even greater need
than ever for Secret Service to continue its work in this area.
Secret Service has been able to successfully investigate hundreds of
cases that otherwise would have been below the FBI's threshold for
opening an investigation.
Since the beginning of the program, the Secret Service has made over
600 arrests, seized over $20 million in assets, and scored a 97-percent
conviction rate.
Mr. Chairman, both of these amendments coincide with the balanced
approach Chairmen Brooks and Schumer have taken in crafting the House
crime bill. Again, I want to urge my colleagues to adopt these two
amendments.
Mr. WHEAT. Mr. Chairman, I want to thank Chairman Brooks for the
opportunity to offer my amendment to create a National Commission on
Crime and Violence as part of the en bloc. I rise to support the en
bloc amendment and to discuss my amendment, which is contained therein.
It has been 27 years since the Brown Commission defined the Federal
Government's response to crime in our society. Since that time, crime
has been transformed by guns, drugs, and gangs into an ultra-violent
epidemic that has left no neighborhood feeling safe. The Nation's
police, courts, and prisons are overwhelmed, and every week seems to
bring a new, unthinkable outrage into bloody reality.
The Brown Commission could not have envisioned the nature of criminal
activity in today's society. The men and women who form the thin blue
line that protects us are improvising desperately in a continual effort
to gain the upper hand in the fight against crime. It's time that the
Federal Government take active steps to assist them. My amendment would
create a National Commission on Crime and Violence that would use the
experience of a cross-section of talented Americans to seek innovative
crime fighting and prevention techniques for the 21st century.
In my own hometown of Kansas City, MO, the city just inaugurated
three neighborhood resource centers that are staffed with an innovative
mix of bicycle patrol officers, city zoning officials, and neighborhood
citizens serving as mobilizers and conducting liaison between police
and residents. The city of St. Louis is expected to graduate a record
six classes of police academy cadets this year, in an effort to greatly
increase the visible police presence on the streets.
In the State of Illinois it was recently reported that the police are
experimenting with an innovative community policing concept, and are
creating strategies that could also help other towns and police forces.
Neighborhood resource centers are made mobile in one community, so the
police can show the flag in a variety of troubled areas. In another
community, a police officer finds that gang members who once would have
scattered at the sight of a police cruiser are now coming into his NRC
to chat and share information about illegal activities they have
observed. These are just a few examples of local initiatives that could
eventually form the basis of a future national crime fighting strategy.
The Commission on Crime and Violence will be a 22-member panel, with
appointments made by the President and congressional leaders of both
parties. The panelists will be experts at crime fighting and crime
prevention, and will hold hearings with citizens, crime victims, and
police officials to discuss the nature of crime and the innovations
needed to fight the crime epidemic. The commission will issue a mid-
term report in 1 year, and will terminate after 2-years' work, issuing
a final report detailing its findings.
The Commission on Crime will allow us to carefully examine the
answers to some very important questions. How can we better coordinate
local, State, and Federal resources to get the most bang for our crime-
fighting dollars? What is the best way to address youth violence and
gang activity? How effective are current criminal justice institutions
in meeting the challenges posed by drugs, gun violence, and recidivism?
What are some innovative solutions created by individuals on the front
lines of America's fight against crime? The commission will examine the
causes and effects, and its findings will help every level of
government make critical decisions about how to protect the lives and
property of the Nation's citizens.
The Commission on Crime and Violence will not solve our crime
problem. It will, however, allow us to attack the epidemic with renewed
efficiency and vigor, and it will demonstrate that all levels of
government are fully committed to restoring order to our streets and
neighborhoods.
Again, I offer my thanks to Chairman Brooks for his assistance in
bringing this amendment before the House.
Mr. CONDIT. Mr. Chairman, I rise today to express my strong support
for an amendment offered by myself and my colleagues from West Virginia
and New Mexico. The purpose of our amendment is simple, but the message
it sends is profound.
Our amendment specifies that the anti-crime programs created by this
bill are not intended to serve as a replacement for those already
funded by the pre-existing Edward Byrne Memorial grant. The amendment
also states that nothing in this bill shall be construed to exclude any
Byrne participant from applying for a grant under any title created by
this bill.
Mr. Chairman, the Edward Byrne Memorial grant is one of the things
that the Federal Government is going right in its attempt to combat
crime and narcotics abuse and the social problems that arise from them.
The administration requested no funds for this program in its budget
request for fiscal year 1995. I think it is safe to say many Members
were somewhat surprised by that.
The Byrne grant can be used for 21 broad criminal justice purposes.
To qualify, each State must submit a comprehensive State plan to the
Justice Department. This assures both the involvement of as many
jurisdictions as possible and that communities will have funding for
the purposes that best suits their needs.
My home State of California has selected 10 of these categories for
funding. These programs were selected after a series of town meetings
to discuss possible options. My constituents decided on a variety of
programs ranging from task forces to increasing criminal history
accuracy. I find it hard to believe that Washington-based bureaucrats
would know better how they should spend these funds.
This program is currently funding about 1,000 law enforcement task
forces across the country. This fosters cooperation between Federal,
State, county, and city law enforcement. If we are serious about
fighting crime; we have to work together to fight it. The days of the
Lone Ranger have long past. We have to spend our precious resources in
the manner that proves most effective. The evidence shows that task
forces work.
Besides task forces, there are 20 other purposes for which Byrne
funds can be used. Some locations have opted for assistant prosecutors
to handle small drug cases, others have opted for DARE programs in
their schools and still others have found that drug treatment or money
laundering programs are what is needed in their communities. Why on
Earth would we want to deprive our constituents of the choice?
I chair the Government Operations Subcommittee on Information,
Justice, Transportation and Agriculture. On March 2, 1994, I conducted
a hearing on the potential impact of the loss of Byrne grant funds.
Once word of our hearing got out, interest was so great, we literally
had to turn away witnesses.
During the hearing representatives of State Government in California,
Texas, and Illinois; Governors from West Virginia and Arkansas; police
officials from Maryland, Alabama, and Virginia; prosecutors from New
Jersey; and testimony from every major police agency in the United
States all said the same thing: ``Please do not take away what works,
preserve the Byrne Program.''
I understand that the White House has softened its stance on the
Byrne grant; and for that they should be commended. I have worked with
many of my colleagues in the House as well as with the House Budget
Committee to make sure that the Appropriations Committee is aware of
the need to continue funding this important program. I am also aware
that there is considerable interest in the Senate in the preservation
of this program and my subcommittee has been in contact with a number
of our colleagues in the other body on this issue.
As we debate this important crime bill today we will hear great and
detailed discussion about the right and wrong way to go about solving
some of our most serious problems. The aim of our amendment is to save
a program that has proven to be effective, efficient, and flexible.
Please support this amendment and I urge my friends on the
Appropriations Committee to provide funding for this program as you
prepare the Commerce, State, Justice, and Judiciary appropriations bill
for fiscal year 1995.
Mr. MANZULLO. Mr. Chairman, I rise in support of the en bloc package
which contains my amendment that corrects what I perceive as an
oversight of past Congress'--Federal death and disability compensation
for police and fire chaplains.
Under current law, the family of any Federal, State, or local public
safety officer killed in the line of duty is entitled to a one-time
$100,000 Federal benefit. My amendment expand this coverage to include
families of police and fire chaplains killed in the line of duty so
that they can receive these well-deserved death benefits.
This provision will not cost very much money because there has only
been one such documented death in the last 20 years of a police
chaplain. Should, then, this rare occurrence take place, the families
of these courageous men and women under my amendment will be treated
the same as other public safety officers. I can think of nothing more
important than spending this money on someone who has paid the highest
price to public service--their lives. These chaplains will have the
assurance of knowing that their loved ones will be taken care of with
the one-time $100,000 Federal death benefit.
Police and fire chaplains are often called upon to enter dangerous
circumstances. They walk into situations where criminals hold hostages,
drive an ambulance if needed, and even pick up a fire ax. These men and
women go to work every day and perform their duties diligently and
quietly, responding to the same crime and fire scenes as their
counterparts do. Most chaplains are volunteers and do not receive any
pay from a governmental source.
This was undoubtedly an oversight when Congress debated and passed
the Public Safety Officers' Benefits Act of 1976, which was also
amended in 1988 to include those public safety officers 100 percent
permanently disabled. However, while Congress asks the law enforcement
community to do more with less, chaplains are indeed doing much more
now than ever before. It is time to include and recognize these
chaplains for who they are: public safety officers.
Day by day, the amendment I offer, which is H.R. 3660, gains more
bipartisan support. I thank all 27 Members who cosponsored my
legislation.
For the Record, I would like to submit a letter from Father William
Wentink, a Rockford, IL, police chaplain. It was in my discussion with
him that I discovered this obvious oversight in the law.
Mr. Chairman, I ask my colleagues to vote for the Manzullo amendment
to the crime bill.
Saint Anthony Medical Center,
Rockford, IL, March 23, 1994.
Congressman Donald A. Manzullo,
Cannon House Office Building, Washington, DC.
Dear Congressman Manzullo: For over 24 years I have served
as Chaplain for the Rockford Police Department. I am also
Chaplain for the Illinois State Police as well as the Federal
Bureau of Investigation.
The City of Rockford Police Department has approximately 30
Police Chaplains. There is a Chaplain on duty 24 hours a day
every day of the year. These are all volunteer positions. Our
Chaplains are involved in many areas of Police work. This
includes helping people who need a place to stay, food or
medicine. We also talk with people who might be lonely or
suicidal. We are also involved in death situations. Our
Chaplains are on the scenes of major disturbances and
incidents in our City.
More and more Law Enforcement Agencies are utilizing the
expertise and professionalism of Police Chaplains. Estimates
are that between 25% and 50% of the 17,000 Law Enforcement
agencies in our County have Police Chaplains on Staff.
Approximately 1,200 of these Police Chaplains belong to the
International Conference of Police Chaplains. Of these 1,200
Police Chaplains over 93% are volunteer. They offer their
time, talents and service to the Citizens of their
Communities.
In the United States there are over 100 Police Officers
killed in the line of duty each year. There is a Federal
death benefit of over $100,000.00 that goes to the estate of
a Police Officer whose life is taken in the performance of
duty.
I am asking if it would be possible to include Police
Chaplains in this benefit. Even though most are volunteer,
they are officially appointed to their Departments and carry
out their obligations and duties under the command and
direction of the head of the agency.
Thank you for the consideration and efforts in this
important matter.
Very truly yours,
Rev. William R. Wentink,
Chaplain.
Mr. FILNER. Mr. Chairman, I rise today to urge support of my
amendment to the omnibus crime bill of 1994, an amendment to authorize
the use of juvenile trafficking and gang prevention grants for programs
that reduce the incidence of graffiti and promote the removal and
prevention of graffiti.
This may seem to be a minor amendment--but it addresses a very
important piece in the fight against juvenile crime.
Graffiti is a huge problem in our cities. Gangs use it to mark
territory and to challenge other gangs. It contributes to the decline
of neighborhoods and leads to a sense of hopelessness in our
communities.
As a former member of the San Diego City Council, I discovered that
any attempt to regain control of our neighborhoods began with an attack
on graffiti. I formed a graffiti patrol with a graffiti hotline to
address the problem. We not only helped to paint out graffiti but to
mobilize neighbors to continue to keep their neighborhoods clean and
graffiti free.
The approval of this extremely important amendment will help to make
the Federal Government a partner with local government in the fight
against blight, against juvenile crime, and the fight to restore hope
to our communities.
Many local government officials are overwhelmed by this problem.
Let's give them a hand.
Ms. LONG. Mr. Chairman, I rise in support of the en bloc amendments.
On behalf of the Congressional Rural Caucus, I commend Chairman Brooks
and Congressman Fish for their work to ensure that rural America is a
full partner in this crime bill.
The amendment offered on behalf of the Congressional Rural Caucus
attacks crime in rural America on three fronts: First, it authorizes
significant funds for rural anticrime and antidrug initiatives; second,
it provides for increased rural domestic violence and child abuse
enforcement; third, it enhances penalties for drug distribution at or
near truck stops and safety rest areas. In past anticrime legislation,
rural areas have not received the attention or focus that the more
visible crime problems in larger urban areas have received. This
amendment will help alleviate the troubling crime trends in rural
America and will send a strong signal to rural residents that we
understand the problems facing them.
On behalf of Congressman Ewing and Congressman Baesler, I again thank
the Chairman, and I thank the ranking minority member, Mr. Fish, for
working to make this anticrime legislation fair for all areas of the
country.
Mr. SPRATT. Mr. Chairman, I wish to express my strong support for
Congressman Hoyer's amendment No. 49 to H.R. 4092 to provide extra
resources for Treasury Department law enforcement activities. The Hoyer
amendment would authorize $210 million for each of fiscal year 1995-99
to fund Treasury's increased law enforcement activities. This amendment
has received broad support from a variety of sources, including the
Clinton administration.
I believe that this enforcement money will, in the long run, more
than pay for itself. For example, Customs personnel help catch
importers who are evading tariff payments. If past experience is any
guide, the resulting penalties and tariff should be worth many times
the cost of the extra personnel. This money will also help Customs slow
the import of narcotics and other contraband into our country. No one
needs to be reminded of the enormous social and economic cost we pay
because of easy availability of drugs on the streets of our country.
The House Government Operations Committee's Subcommittee on Commerce,
Consumer and Monetary Affairs, which I chair, has held hearings which
confirm that existing Treasury enforcement resources, particularly for
international trade enforcement, are inadequate to police the growth in
trade. Furthermore, our subcommittee found that in constant dollars,
Customs' total budget has remained the same since 1987 even though the
total value of goods imported into the United States in that period
increased by 20 percent. Because of inadequate resources, Customs had
less import specialists in fiscal year 1993--1,140--than it had 20
years ago--1,304-- even though import specialists are critical to
detect import fraud. The enactment of NAFTA and likely adoption of the
GATT Uruguay round will result in even greater volumes of foreign goods
for Customs to inspect. Yet Customs is not being given the resources or
manpower it needs for its extra workload.
Let me illustrate the challenges facing Customs by describing the
problems in the textile/apparel/fabric industry. In 1974, the total
value of textile and apparel imports was $4.2 billion. By 1993, the
value of imports grew by 1000 percent to $42 billion. Despite this
exponential growth, textile enforcement resources and manpower has not
even begun to keep pace. Customs agents have told me that in the
1970's, they inspected 10 percent of the containers crossing our
borders. Now they are lucky if they inspect 1 percent. What has been
the result? Today, foreign countries and foreign companies smuggle as
much as $4 billion every year in illegal textiles and apparel. These
illegal imports violate international trade agreements and take
thousands of jobs away from American workers.
Extra funding for Customs will not eliminate the textile
transshipment problem or stop all drugs from entering our country. But
I believe that the money provided in the Hoyer amendment will help
reduce these problems. I urge my colleagues to support the Hoyer
amendment.
Mr. MILLER of California. Mr. Chairman, I rise to draw the attention
of the House to a crime bill provision that came out of the Natural
Resources Committee. Those of us who believe this bill should address
more than the aftermath of crime are convinced that recreation can be
an effective tool in weaning young people away from a life of gangs,
drugs and the streets.
The Urban Parks and Recreation Recovery Program of the National Park
Service was authorized in 1978 to provide matching grants to
economically distressed cities to build parks and recreation centers
and provide programs aimed at inner city youth. It did a great job
until 1985, when the administration and Congress stopped funding it. In
the last 2 years, it has gotten a paltry $5 million per year.
The Natural Resources Committee has updated the program to make sure
that high-crime urban neighborhoods are targeted and that programs
directed at youth considered at-risk receive priority.
I have been simply amazed and gratified at the outpouring of support
for this notion in the very short period of time since we launched this
initiative. More than 60 organizations have endorsed it including
government leaders like the U.S. Conference of Mayors, service and
professional leaders like the Boys and Girls Clubs of America, the
National Association of Police Athletic Leagues and the Child Welfare
League of America, retailers, manufacturers and organizations
representing thousands of businesses including Nike, Reebok, REI,
Patagonia, the Sporting Goods Manufacturers Association and the
National Sporting Goods Association, as well as environmental groups
like the National Recreation and Parks Association and the Wilderness
Society.
Before the recess, the House voted 361-59 for this provision as
independent legislation and Chairman Brooks has graciously agreed to
incorporate its provisions in the en bloc amendments he will be
offering to the crime bill later in the proceedings.
The issue of crime, and especially juvenile crime, has understandably
angered and outraged our Nation. Today, perhaps 60 percent of violent
crimes are committed by young people between the ages of 10 and 20
years old.
For millions of these young people, the only social network and
family structure they know are the urban gangs that deal drugs, foster
crime, and slaughter each other in our Nation's streets.
For many, the most promising avenue away from this life is through
recreation, sports and other activities operated out of parks and
recreation centers run by cities, schools and non-profit organizations.
These programs bring at-risk youth in contact with caring adult
mentors who teach them the kind of personal skills and job skills they
need to stay out of the gangs and in school.
When I was growing up there was no question that we would have places
to play ball, ride a bike, get in a sports league or have a place to go
to be with friends and adults. Many of us can, to this day, point to
experiences like this that were defining moments in our lives. But
today that has all changed and our children, their families, the
communities they live in and our Nation are much the worse for it.
We need to turn this around or you will never be able to build enough
prisons and courtrooms and bootcamps to contain the criminals.
Fortunately, we can do so without creating new mandates, new policies
or new administrative costs. We can build on an existing, effective but
undersupported program, the Urban Park and Recreation Recovery Program.
In its 15 years, only $192 million of the $750 million authorized for
UPARR has been spent despite successful projects in more than 500
cities across America and a backlog of applications that always far
exceeded the funds available. Using the program's established network
and administrative infrastructure and by updating the program and
funding it through the crime bill, we can literally get this money on
the streets and young people off the streets in just 4 months. This is
crucial.
Mr. Chairman, some provisions in the Senate and House Judiciary
Committee bills recognize that if we don't do something to get young
people off the track that puts them on a collision course with police,
courts and prisons we are doomed. Programs like Ounce of Prevention,
Midnight Basketball and community schools are important, necessary
steps in the right direction.
I strongly believe that the updated urban park program is highly
compatible with and even necessary to these other laudable efforts and
the breadth and depth of support this idea has generated in such a
short period of time is ample testimony to the fact that this is simply
the right thing to do.
I urge my colleagues to continue their support for this important
effort.
An article from the San Francisco Examiner follows:
Taking Back Mission Playground--Kids Are In, Drug Dealers Out
(By Leslie Goldberg)
For Cathy Courtney and her neighbors, the sound of the
crack of the bat is indeed sweet. Because when nearby
residents hear kids playing baseball, basketball or tennis in
Mission Playground, they know they won't be seeing drug
dealers and their customers in the area.
``It's this very weird balance,'' said Courtney, who lives
across the street from the park. ``When the kids are there,
the dealers are gone. But if for some reason the kids aren't
in the park for a couple of days, the dealers start coming
back.''
Keeping kids playing in the park is no small feat in these
times of scarce public funds for recreation. But it is
crucial not only to the children themselves but to the safety
and well-being of this working-class neighborhood.
Taking back this tiny space once dominated by drug dealers
has been a year-long struggle that has required special
effort by police, residents and especially the Recreation and
Park workers who staff the rec center and playground.
``My cousin worked as a substitute recreation director at
Mission Playground for one day about three years ago,'' said
Lorraine Hanks, a rec worker. ``She said she went into the
center and locked the door. I asked her, `But what about the
kids?' She said, `There were no kids--only these really scary
guys hanging out outside.'''
Like many inner-city neighborhoods, the Mission Playground
area was devastated when drug dealers moved in about three
years ago. The ordinarily quiet street became clogged with
traffic from buyers.
Brakes screeched. Fights broke out. Hypodermic needles were
found in the sand beneath the play equipment. Broken glass
littered the sidewalk.
Now, on most days, Mission Playground is filled with
youngsters. In the morning, children from a nearby day-care
center play on the wooden climbing structure. Later, older
children play basketball, tennis and baseball.
``It's beautiful,'' said Courtney's husband, Frank Morales,
who helped organize citizen street patrols to discourage
loitering and crime in the neighborhood. ``When the kids are
here there's no room for dealers,'' Hanks said.
Like other rec centers in San Francisco, Mission Playground
struggles with meager sports equipment.
``We have three basketballs for the 40 kids who have signed
up on four teams,'' Hanks said. Those three balls have to
also be shared among the children who are not on teams but
just want to play. ``Sometimes kids come in here (the rec
center) wanting to check out a basketball and we have none.
It gets to be embarrassing.''
Right now Mission Playground has no kickball for the
children, said Hanks.
The basketball teams also have to share 20 jerseys.
``Sometimes there might be three different games in one day,
so there's no time to take the jerseys home and wash them,''
said Hanks. ``The girls really hate that if they have to put
on a jersey that a boy just wore.''
Nick Jacoban, another recreation worker, paid for the
jerseys out of his own pocket--$20 each.
sometimes the balls pop
The baseball used for practice is worn and looks like an
ancient, petrified ball of string. A part-time worker and a
graduate student in social work at San Francisco State
University, Jacoban personally put down a $200 deposit paid
to Recreation and Parks so that the 13- and 14-year-old
baseball players could have uniforms.
Two times a year, the Department of Recreation and Parks
issues equipment to the playgrounds. This winter, Mission
Playground got 8-10 kickballs and a box of 12 baseballs.
``Sometimes the balls pop,'' said Jacoban. ``Sometimes they
go over the fence and get lost; sometimes kids don't return
them to the equipment room.'' Children who check out a ball
are asked to leave a deposit of a key or a jacket, said the
recreation worker.
To keep up with the constant demand for balls, bats and
gloves, Jacoban scrounges thrift stores and flea markets.
Whatever he can find, he pays for, again out of his own
pocket.
He also sometimes pays the teams' league fees. Jacoban
showed a $100 receipt from Daly City Parks and Recreation for
a girls' softball team.
``San Francisco doesn't charge league fees, but it doesn't
offer anything for girls after basketball (season),'' he
said. ``If I didn't do this, they'd be sitting around with
nothing to do.''
Rec and Park does have a girls' softball league during the
summer. But during the winter and spring, not enough girls
sign up to have a league. Jacoban thinks the problem may be a
lack of promotion.
On his own time Jacoban visits schools in the surrounding
area to spread the word among youngsters about activities
offered in Mission Park playground. ``A little extra effort
on the part of the recreation director can go a long way,''
he said.
difference in a child's life
Jacoban isn't the only one putting in extra effort at
Mission Playground. Once a week, rec worker Lorraine Hanks, a
single mother of two who works part-time making $12.75 an
hour, buys food and cooks up a big pot of spaghetti or gumbo
for the kids who show up to play.
``I know some of them are not getting enough to eat,'' she
said. ``They don't say anything; they have their pride. But
you can just tell.''
Both Hanks and Jacoban know what growing up poor is like.
``I know their pain--I've been there,'' said Hanks.
Her mother, the family's sole support, worked as a bus
driver and for Hanks, the Milton Meyer Recreation Center in
Bayview Hunters Point became a second home. To this day Hanks
fondly remembers a recreation worker, Jacqueline Battle.
``She went out of her way to keep me off the streets,'' said
Hanks.
Jacoban and his brothers and sisters also were raised by a
single mother, who worked as a bookkeeper. ``She signed us up
for everything--Boys Club, scouts and rec center sports
teams,'' he said. ``I didn't have time to get in trouble. . .
. I think staying active enabled me to do well in school.
``I see the difference it can make in a child's life when
an adult makes a commitment,'' he said. ``We have most of
these kids from 3 to 6 p.m. Those are prime hours in their
day.''
Others, too, are making a commitment to the children and
the neighborhood. Frank Morales paid $245 for a VCR so
Mission Playground could offer ``movie night'' on Wednesdays.
Courtney has bought paint and repeatedly painted over
graffiti. The couple has helped organize a Mission Playground
clean-up day and potluck barbecue, April 16 from 9 a.m. to 2
p.m.
Other neighbors, many of whom have no children, bought food
and art supplies so the playground could stage a Children's
Day barbecue a few months ago.
Morales said he's gone door-to-door asking for old baseball
gloves for Mission Playground's children. He got five.
``If I had more equipment, I could have many more teams,''
said Jacoban. ``We need more teams. I've got kids on waiting
lists.''
The CHAIRMAN. The question is on the amendments en bloc offered by
the gentleman from Texas [Mr. Brooks].
The question was taken; and the Chairman announced that the ayes
appeared to have it.
recorded vote
Mr. SENSENBRENNER. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 395,
noes 25, not voting 17, as follows:
[Roll No. 104]
AYES--395
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Bryant
Bunning
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Gordon
Goss
Grams
Green
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamburg
Hamilton
Hansen
Harman
Hastert
Hastings
Hefley
Hefner
Herger
Hilliard
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pickle
Pombo
Pomeroy
Porter
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
Rostenkowski
Roth
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stenholm
Stokes
Strickland
Studds
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOES--25
Archer
Armey
Barton
Burton
Coble
Condit
Cox
Crane
DeLay
Duncan
Fields (TX)
Gekas
Goodling
Hancock
Johnson, Sam
Penny
Petri
Rohrabacher
Schaefer
Sensenbrenner
Stearns
Stump
Taylor (NC)
Walker
Zimmer
NOT VOTING--17
Bacchus (FL)
Brown (CA)
Brown (OH)
Fish
Gallo
Grandy
Greenwood
Hayes
Hinchey
Johnson (GA)
Neal (NC)
Portman
Rangel
Roukema
Stark
Washington
Whitten
{time} 1120
Messrs. COX, PENNY, COBLE, CONDIT, and ZIMMER changed their vote from
``aye'' to ``no.''
Mr. LINDER changed his vote from ``no'' to ``aye.''
So the amendments en bloc were agreed to.
The result of the vote was announced as above recorded.
Personal Explanation
Mr. HINCHEY. Mr. Speaker, during rollcall vote No. 104 on H.R. 4092 I
was unavoidably detained. Had I been present I would have voted
``yes.''
personal explanation
Mr. PORTMAN. Mr. Chairman, as a result of a family emergency, I
missed two votes. Had I been in attendance for the vote on the en block
amendment to H.R. 4092, rollcall No. 104, I would have voted ``aye.''
Had I been in attendance for the Journal vote, rollcall No. 105, I
would have voted ``no.''
Mr. BROOKS. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Mazzoli) having assumed the chair, Mr. Torricelli, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee having had under consideration the bill (H.R. 4092) to
control and prevent crime, had come to no resolution thereon.
____________________