[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994--MESSAGE FROM THE 
                                 HOUSE

  Mr. BIDEN. Mr. President, I ask unanimous consent that the Senate 
proceed to the message from the House on H.R. 3355, the Violent Crime 
Control and Law Enforcement Act of 1994; that the Senate disagree to 
the House amendments and agree to the request of the House for a 
conference on the disagreeing votes of the two Houses.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BIDEN. Mr. President, I ask that the Chair lay before the Senate 
a message from the House of Representatives on H.R. 3355, a bill to 
amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow 
grants to increase police presence, to expand and improve cooperative 
efforts between law enforcement agencies and members of the community 
to address crime and disorder problems, and otherwise to enhance public 
safety.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:
       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 3355) entitled ``An Act to amend the 
     Omnibus Crime Control and Safe Streets Act of 1968 to allow 
     grants to increase police presence, to expand and improve 
     cooperative efforts between law enforcement agencies and 
     members of the community to address crime and disorder 
     problems, and otherwise to enhance public safety'', with the 
     following amendments:
       In lieu of the matter inserted by said amendment, insert:

     SECTION 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 OFFENDER INCARCERATION

                        TITLE VII--DEATH PENALTY

                    TITLE VIII--TRUTH IN SENTENCING

          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 XXIV--IMMIGRATION RELATED PROVISIONS AND CRIMINAL ALIENS

                         TITLE XXV--RURAL CRIME

              TITLE XXVI--COMMISSION ON CRIME AND VIOLENCE

     TITLE XXVII--POLICE CORPS AND LAW ENFORCEMENT SCHOLARSHIP ACT

     TITLE XXVIII--NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

   TITLE XXIX--PROTECTING THE PRIVACY OF INFORMATION IN STATE MOTOR 
                            VEHICLE RECORDS

                        TITLE XXX--MISCELLANEOUS

                       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) striking paragraph (4) and inserting the following:
       ``(4) The Director may retain any portion of the Fund that 
     was deposited during a fiscal year that is in excess of 110 
     percent of the total amount deposited in the Fund during the 
     preceding fiscal year as a reserve for use in a year in which 
     the Fund falls below the amount available in the previous 
     year. Such reserve may not exceed $20,000,000.''; and
       (4) striking paragraph (5).
       (b) Conforming Cross Reference.--Section 1402(g)(1) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is 
     amended by striking ``(d)(2)(D)'' and inserting ``(d)(2)''.
       (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) by modifying the left margin of each of paragraphs (a) 
     through (f) so that they are indented 2 ems;
       (5) by redesignating paragraphs (a) through (f) as 
     paragraphs (1) through (6); and
       (6) by inserting ``(a)'' before ``Whoever''.
       (d) Definitions.--Section 113 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(b) As used in this subsection--
       ``(1) the term `substantial bodily injury' means bodily 
     injury which involves--
       ``(A) a temporary but substantial disfigurement; or
       ``(B) a temporary but substantial loss or impairment of the 
     function of any bodily member, organ, or mental faculty; and
       ``(2) the term `serious bodily injury' has the meaning 
     given that term in section 1365 of this title.''.
       (e) Assaults in Indian Country.--Section 1153(a) of title 
     18, United States Code, is amended by inserting ``(as defined 
     in section 1365 of this title), an assault against an 
     individual who has not attained the age of 16 years'' after 
     ``serious bodily injury''.
                     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 Criminals.--
       ``(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 or a serious 
     drug offense 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 serious violent 
     felonies or serious drug offenses, or any combination of such 
     felonies and 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, 
     2113, or 2118 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 used in the 
     offense and no threat of use of a firearm or other dangerous 
     weapon was involved in the offense; and
       ``(ii) the offense did not result in death or serious 
     bodily injury (as defined in section 1365) to any person.
       ``(B) Arson in certain cases.--Arson shall not serve as a 
     basis for sentencing under this subsection if the defendant 
     establishes by clear and convincing evidence that--
       ``(i) the offense posed no threat to human life; and
       ``(ii) the defendant reasonably believed the offense posed 
     no threat to human life.
       ``(4) Information filed by united states attorney.--The 
     provisions of section 411(a) of the Controlled Substances Act 
     (21 U.S.C. 851(a)) shall apply to the imposition of sentence 
     under this subsection.
       ``(5) Rule of construction.--This subsection shall not be 
     construed to preclude imposition of the death penalty.
       ``(6) Special provision for indian country.--No person 
     subject to the criminal jurisdiction of an Indian tribal 
     government shall be subject to this subsection for any 
     offense for which Federal jurisdiction is solely predicated 
     on Indian country as defined in section 1151 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 two ems;
       (2) by inserting a one-em dash after ``that'' the second 
     place it appears;
       (3) by inserting a semicolon after ``reduction'' the first 
     place it appears;
       (4) by indenting the first line of the matter referred to 
     in paragraph (1) and designating that matter as clause (i); 
     and
       (5) by inserting after such matter the following:
       ``(ii) the defendant is at least 70 years of age, has 
     served at least 30 years in prison, pursuant to a sentence 
     imposed under section 3559(c) 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 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 
     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, 
     including truth in sentencing laws that ensure that violent 
     offenders serve a substantial portion of the sentences 
     imposed, that are designed to provide sufficiently severe 
     punishment for violent ofenders, including violent juvenile 
     offenders, and that the prison time served is appropriately 
     related to the determination that the inmate is a violent 
     offender and for a period of time deemed necessary to protect 
     the public;
       (2) assurances that the State or States have implemented 
     policies that provide for the recognition of the rights and 
     needs of crime victims;
       (3) assurances that funds received under this section will 
     be used to develop, expand, modify, or improve correctional 
     facilities and programs to ensure that prison cell space is 
     available for the confinement of violent offenders;
       (4) assurances that the State or States have a 
     comprehensive correctional plan which represents an 
     integrated approach to the management and operation of 
     correctional facilities and programs and which includes 
     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) 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.
       (d) 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 1995 through 1999 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.
       ``(d) Aggravating Factors for Drug Offense Death Penalty.--
     In determining whether to recommend a sentence of death for 
     an offense described in paragraph (3), (4), or (5) of section 
     3591, the jury, or if there is no jury, the court, shall 
     consider any aggravating factor for which notice has been 
     provided under section 3593 of this title, including the 
     following factors:
       ``(1) Previous conviction of offense for which a sentence 
     of death or life imprisonment was authorized.--The defendant 
     has previously been convicted of another Federal or State 
     offense resulting in the death of a person, for which a 
     sentence of life imprisonment or death was authorized by 
     statute.
       ``(2) Previous conviction of other serious offenses.--The 
     defendant has previously been convicted of two or more 
     Federal or State offenses, each punishable by a term of 
     imprisonment of more than one year, committed on different 
     occasions, involving the importation, manufacture, or 
     distribution of a controlled substance (as defined in section 
     102 of the Controlled Substances Act (21 U.S.C. 802)) or the 
     infliction of, or attempted infliction of, serious bodily 
     injury or death upon another person.
       ``(3) Previous serious drug felony conviction.--The 
     defendant has previously been convicted of another Federal or 
     State offense involving the manufacture, distribution, 
     importation, or possession of a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)) for which a sentence of five or more years of 
     imprisonment was authorized by statute.
       ``(4) Use of firearm.--In committing the offense, or in 
     furtherance of a continuing criminal enterprise of which the 
     offense was a part, the defendant used a firearm or knowingly 
     directed, advised, authorized, or assisted another to use a 
     firearm, as defined in section 921 of this title, to 
     threaten, intimidate, assault, or injure a person.
       ``(5) Distribution to persons under twenty-one.--The 
     offense, or a continuing criminal enterprise of which the 
     offense was a part, involved conduct proscribed by section 
     418 of the Controlled Substances Act which was committed 
     directly by the defendant or for which the defendant would be 
     liable under section 2 of this title.
       ``(6) Distribution near schools.--The offense, or a 
     continuing criminal enterprise of which the offense was a 
     part, involved conduct proscribed by section 419 of the 
     Controlled Substances Act which was committed directly by the 
     defendant or for which the defendant would be liable under 
     section 2 of this title.
       ``(7) Using minors in trafficking.--The offense or a 
     continuing criminal enterprise of which the offense was a 
     part, involved conduct proscribed by section 420 of the 
     Controlled Substances Act which was committed directly by the 
     defendant or for which the defendant would be liable under 
     section 2 of this title.
       ``(8) Lethal adulterant.--The offense involved the 
     importation, manufacture, or distribution of a controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802)) mixed with a potentially 
     lethal adulterant, and the defendant was aware of the 
     presence of the adulterant.

     The jury, or if there is no jury, the court, may consider 
     whether any other aggravating factor for which notice has 
     been given exists.

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

       ``(a) Notice by the Government.--If, in a case involving an 
     offense described in section 3591, the attorney for the 
     government believes that the circumstances of the offense are 
     such that a sentence of death is justified under this 
     chapter, the attorney shall, a reasonable time before the 
     trial or before acceptance by the court of a plea of guilty, 
     sign and file with the court, and serve on the defendant, a 
     notice--
       ``(1) stating that the government believes that the 
     circumstances of the offense are such that, if the defendant 
     is convicted, a sentence of death is justified under this 
     chapter and that the government will seek the sentence of 
     death; and
       ``(2) setting forth the aggravating factor or factors that 
     the government, if the defendant is convicted, proposes to 
     prove as justifying a sentence of death.

     The factors for which notice is provided under this 
     subsection may include factors concerning the effect of the 
     offense on the victim and the victim's family, and may 
     include oral testimony, a victim impact statement that 
     identifies the victim of the offense and the extent and scope 
     of the injury and loss suffered by the victim and the 
     victim's family, and any other relevant information. The 
     court may 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, an aggravating factor required to be considered under 
     section 3592 is found to exist, the jury, or if there is no 
     jury, the court, shall then consider whether the aggravating 
     factor or factors found to exist outweigh any mitigating 
     factors. The jury, or if there is no jury, the court shall 
     recommend a sentence of death if it unanimously finds at 
     least one aggravating factor and no mitigating factor or if 
     it finds one or more aggravating factors which outweigh any 
     mitigating factors. In any other case, it shall not recommend 
     a sentence of death. The jury shall be instructed that it 
     must avoid any influence of sympathy, sentiment, passion, 
     prejudice, or other arbitrary factors in its decision, and 
     should make such a recommendation as the information 
     warrants. The jury shall be instructed that its 
     recommendation concerning a sentence of death is to be based 
     on the aggravating factor or factors and any mitigating 
     factors which have been found, but that the final decision 
     concerning the balance of aggravating and mitigating factors 
     is a matter for the jury's judgment.
       ``(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, 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--
       ``(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 Mariana 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''.

     SEC. 716. KIDNAPPING.

       Section 1201(g)(1) of title 18, United States Code, is 
     amended by inserting ``to the penalty of death if the death 
     of the victim results and, in any other case,'' after ``shall 
     be subject''.
                    TITLE VIII--TRUTH IN SENTENCING

     SEC. 801. GRANTS.

       The Attorney General is authorized to provide grants to 
     States to build, expand, or operate space in correctional 
     facilities in order to increase the prison bed capacity in 
     such facilities in order to reach the goals set forth in 
     section.

     SEC. 802. FEDERAL FUNDS.

       (a) Distribution of Funds in Fiscal Year 1995.--Of the 
     total amount of funds appropriated under this title in fiscal 
     year 1995, there shall be allocated to each State an amount 
     which bears the same ratio to the amount of funds 
     appropriated pursuant to this title as the number of part I 
     violent crimes reported by the States to the Federal Bureau 
     of Investigation for 1993 bears to the number of part I 
     violent crimes reported by all States to the Federal Bureau 
     of Investigation for 1993.
       (b) Distribution of Funds in Fiscal Years 1996 Through 
     1999.--75 percent of the total amount of funds appropriated 
     under this title in fiscal years 1996, 1997, 1998, and 1999 
     shall be allocated to each State according to the formula 
     established in subsection (a) adjusted to reflect in each 
     year the most recent data from the Federal Bureau of 
     Investigation reporting part I violent crimes.
       (c) Good Faith Effort.--In order to be eligible for funding 
     under subsections (a) and (b), a State shall submit an 
     application and give the Attorney General assurances that it 
     will make a good faith and cost effective effort to become 
     eligible for a grant under subsection (d).
       (d) Truth in Sentencing Incentive Fund.--25 percent of the 
     total amount of funds appropriated under this title in each 
     of the fiscal years 1996, 1997, 1998, and 1999 shall be 
     allocated to each eligible State according to the same ratios 
     established in subsection (b) multiplied by the percentage 
     change in the States' percentage of time to be served by the 
     persons convicted of violent crimes divided by the average of 
     all States' percentage change in percentage of time to be 
     served by the persons convicted of violent crimes. States 
     which have achieved a Truth in Sentencing standard of violent 
     criminals serving 85 percent of prison time assessed shall 
     receive the incentive funds based on the average of such 
     percentage change ratios of all States multiplied by the 
     States percentage of total Part I violent crime reported.
       (e) Eligibility for Truth in Sentencing Incentive Fund.--In 
     order to be eligible for grants under subsection (d), a State 
     must demonstrate that it has, since 1993--
       (1) increased the percentage of convicted violent offenders 
     sentenced to prison;
       (2) increased the average prison time actually to be served 
     in prison by convicted violent offenders sentenced to prison; 
     and
       (3) increased the percentage of sentence to be actually 
     served in prison by violent offenders sentenced to prison.
       (f) Law Changes.--As evidence of such good faith effort to 
     meet the goals contained in subsection (e), a State may make 
     changes to its laws and regulations which may include--
       (1) truth in sentencing laws which will require persons 
     convicted of violent crimes to serve not less than 85 percent 
     of the sentence imposed;
       (2) mandatory prison sentences for persons convicted of the 
     most serious violent crimes;
       (3) pretrial detention for persons whose release it can be 
     shown would pose a danger to any other person or the 
     community;
       (4) sentencing authority to allow the defendant's victims 
     or the family of victims the opportunity to be heard 
     regarding the issue of sentencing and provide that the victim 
     or the victim's family will be notified whenever such 
     defendant is to be released; or
       (5) that a person who is convicted of a serious violent 
     crime shall be sentenced to life imprisonment if--
       (A) The person has been convicted on 2 or more prior 
     occasions in a court of the United States or of a State of a 
     serious violent crime, or of 1 or more serious violent crimes 
     and 1 or more serious drug offenses; and
       (B) each serious violent crime or serious drug offense used 
     as a basis for sentencing under this subsection, other than 
     the fist, was committed after the defendant's conviction of 
     the preceding serious violent crime or serious drug offense.

     SEC. 803. DEFINITIONS.

       For purposes of this title--
       (1) the term ``violent crime'' means--
       (A) a felony offense that has as an element the use, 
     attempted use, or threatened use of physical force against 
     the person of another, or
       (B) any other offense that is a felony and that, by its 
     nature, involves substantial risk that physical force against 
     the person of another may be used in the course of committing 
     the offense;
       (2) the term ``serious drug offender'' has the same meaning 
     as that is used in section 924(e)(2)(A) of title 18, United 
     States Code;
       (3) the term ``State'' means any of the United States and 
     the District of Columbia;
       (4) the term ``convicted'' means convicted and sentenced to 
     a term in a State corrections institution or a period of 
     formal probation; and
       (5) the term ``Part I violent crimes'' means murder, rape, 
     robbery, and aggravated assault as those offenses are 
     reported to the Federal Bureau of Investigation for purposes 
     of the Uniform Crime Reports.

     SEC. 804. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--For purposes of this title, there are 
     authorized to be appropriated--
       (1) $2,500,000,000 for fiscal year 1995;
       (2) $2,000,000,000 for fiscal year 1996;
       (3) $2,000,000,000 for fiscal year 1997;
       (4) $2,000,000,000 for fiscal year 1998; and
       (5) $2,000,000,000 for fiscal year 1999.
       (b) Limitations on Funds.--
       (1) Nonsupplanting requirement.--Funds made available under 
     this section shall not be used to supplant State funds, but 
     shall be used to increase the amount of funds that would, in 
     the absence of Federal funds, be made available from State 
     sources.
       (2) Administrative costs.--Not more than 3 percent of the 
     funds available under this section may be used for 
     administrative costs.
       (3) Matching funds.--The portion of the costs of a program 
     provided by a grant under this section may not exceed 90 
     percent of the total costs of the program as described in the 
     application.
       (4) Carry over of appropriations.--Any funds appropriated 
     but not expended as provided by this section during any 
     fiscal year shall be carried over and will be made available 
     until expended.
          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 inserting after chapter 176 the following new 
     chapter:

       ``CHAPTER 177--RACIALLY DISCRIMINATORY CAPITAL SENTENCING

``Sec.
``3501. Prohibition against the execution of a sentence of death 
              imposed on the basis of race.
``3502. Access to data on death eligible cases.
``3503. Enforcement of the chapter.
``3504. Construction of chapter.

     ``Sec. 3501. 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. 3502. 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. 3503. 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 3501 shall 
     be presumed to be correct unless--
       ``(1) the State is in compliance with section 3502;
       ``(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. 3504. 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 3501.''.
       (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..........3501.''.....

     SEC. 902. ACTIONS BEFORE ENACTMENT.

       No person shall be barred from raising any claim under 
     section 3501 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;
       (2) vary in approach to ensure that comparisons of 
     different models may be made; and
       (3) coordinate crime prevention programs funded under this 
     program with other existing Federal programs to address the 
     overall needs of communities that benefit from grants 
     received under this title.

     SEC. 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 by the Attorney General. The criteria used 
     by the Attorney General in promulgating such regulations 
     shall ensure administrative efficiency and accountability in 
     the expenditure of funds and execution of funded projects 
     under this subtitle.

     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, the 
     Secretary of the Interior, 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 
     Services.

      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 shall include supervised sports programs, and 
     extracurricular and academic programs, that are offered--
       (A) after school and on weekends and holidays, during the 
     school year; and
       (B) 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 subtitle.

     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 subtitle, 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 a 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).
       (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, the 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 to 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 section 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 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 title 
     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 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 the program;
       (D) a description of the resources (including matching 
     funds, in-kind services, and other resources) available in 
     the community to implement the program's 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 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;
       (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 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;
       ``(B) substance abuse treatment to prevent crime;
       ``(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; or
       ``(D) job program 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 subparagraph 
     (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 paragraph (2)(B) may 
     be waived if the cost of publishing the information would be 
     unreasonably burdensome in relation to the amount allocated 
     to the government from amounts available for payment under 
     this chapter, or if publication is otherwise impracticable.
       ``(d) Exception to 10-Day Limitation.--If the Secretary is 
     satisfied that a unit of general local government will 
     provide adequate notice of the proposed use of a payment 
     received under this chapter, the 10-day period under 
     subsection (b)(1) may be changed to the extent necessary to 
     comply with applicable State or local law.
       ``(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, United 
     States Code. By the 30th day after the beginning of the 
     proceeding, the judge shall issue a preliminary decision 
     based on the record at the time on whether the unit of 
     general local government is likely to prevail in showing 
     compliance with section 6711 (a) or (b).
       ``(2) 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, United States Code, issues a 
     preliminary decision in a proceeding under section 6712(d)(1) 
     that the government is not likely to prevail in showing 
     compliance with section 6711 (a) and (b);
       ``(B) if the administrative law judge decides at the end of 
     the proceeding that the government has not complied with 
     section 6711 (a) or (b), unless the government makes a 
     compliance agreement under section 6714 by the 30th day after 
     the decision; or
       ``(C) if required under section 6712(c).
       ``(2) 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, United States Code.

     ``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 subsections (a), (b), and (d) of section 6718;
       ``(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, United States 
     Code, that a unit of general local government expending 
     amounts received under this chapter has--
       ``(A) excluded a person in the United States from 
     participating in, denied the person the benefits of, or 
     subjected the person to discrimination under, a program or 
     activity because of race, color, national origin, or sex; or
       ``(B) violated a prohibition against discrimination 
     described in section 6711(b); and
       ``(9) `Secretary' means the Secretary of 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--Youth 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 the 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 youths of age 14 or 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.
       (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 young 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 youths 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 youths 
     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 the 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 the 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 the 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 the 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 the 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, 
     United States Code.
                       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 ``victims 
     assistance programs, or multijurisdictional gang task 
     forces'' after ``drug task forces''.

     SEC. 1098A. 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.

     SEC. 1098B. 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 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.
                   Subtitle L--Hope in Youth Program

     SEC. 1099A. FINDINGS.

       The Congress finds the following:
       (1) Larger cities around the country, particularly 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. 1099B. 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 organizations in low-income 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. 1099C. PROGRAM REQUIREMENTS.

       Each advisory organization established as described in 
     section 1099B 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 work 
     cooperatively to meet the collective needs of low-income 
     communities, and
       (6) create a training program to foster community-based 
     leadership in low-income communities.

     SEC. 1099D. 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 1099B.

     SEC. 1099E. 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. 1099F. 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. 1099G. 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 M--Gang Prevention Services for Boys and Girls

     SEC. 1099H. 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 on 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. 1099I. 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. 1099J. PROGRAM REQUIREMENTS.

       The eligible service providers receiving a grant under 
     section 1099I 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. 1099K. 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. 1099L. 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. 1099M. 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. 1099N. 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 evalutions.

     SEC. 1099O. 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 N--Anticrime Youth Councils

     SEC. 1099P. 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. 1099Q. 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 public 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. 1099R. APPLICATIONS FOR GRANTS.

       To request a grant under section 1099Q, 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, law 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 1099Q, 
     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, and
       (I) describes 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. 1099S. SELECTION OF GRANT RECIPIENTS.

       For the purpose of selecting eligible applicants to receive 
     grants under section 1099Q, 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. 1099T. 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.
             Subtitle O--Urban Recreation and At-Risk Youth

     SEC. 1099U. 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 from engaging in criminal 
     behavior.''.

     SEC. 1099V. 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 juvenile justice 
     system.''.

     SEC. 1099W. 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. 1099X. 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. 1099Y. 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. 1099Z. 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 Act of 1978 is amended by striking ``for 
     a period of five years'' and by striking `short-term''.
           Subtitle P--Boys and Girls Clubs in Public Housing

     SEC. 1099AA. 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. 1099BB. 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. 1099CC. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated the following sums 
     to carry out this subtitle--
       (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,
    Subtitle Q--Community-Based Justice Grants for Local Prosecutors

     SEC. 1099DD. 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. 1099EE. 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. 1099FF. 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 1099EE;
       (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. 1099GG. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

       (a) Administrative Cost Limitation.--The Attorney General 
     shall use not more than 5 percent of the funds available 
     under this program for the purposes of administration and 
     technical assistance.
       (b) Renewal of Grants.--A grant under this part may be 
     renewed for up to 2 additional years after the first fiscal 
     year during which the recipient receives its initial grant 
     under this part, subject to the availability of funds, if--
       (1) the Attorney General determines that the funds made 
     available to the recipient during the previous years were 
     used in a manner required under the approved application; and
       (2) the Attorney General determines that an additional 
     grant is necessary to implement the community prosecution 
     program described in the comprehensive plan required by 
     section 2.

     SEC. 1099HH. AWARD OF GRANTS.

       The Attorney General shall consider the following facts in 
     awarding grants:
       (1) Demonstrated need and evidence of the ability to 
     provide the services described in the plan required under 
     section 1099FF.
       (2) The Attorney General shall attempt, to the extent 
     practicable, to achieve an equitable geographic distribution 
     of grant awards.

     SEC. 1099II. REPORTS.

       (a) Report to Attorney General.--Local prosecutors that 
     receive funds under this subtitle shall submit to the 
     Attorney General a report not later than March 1 of each year 
     that describes progress achieved in carrying out the plan 
     described under section 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 subtitle which shall 
     contain a detailed statement regarding grant awards, 
     activities of grant recipients, a compilation of statistical 
     information submitted by applicants, and an evaluation of 
     programs established under this subtitle.

     SEC. 1099JJ. 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 subtitle.

     SEC. 1099KK. 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.
                        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(1) 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 W (as added by section 2301(a)) the 
     following new part:

   ``PART X--PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE BEAT'

     ``SEC. 2401. 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 2402(c)(8) of this part.
       ``(i) Allocation of Funds.--The funds available under this 
     part shall be allocated as provided in section 1001(a)(19)(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. 2402. 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. 2403. 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. 2404. 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. 2405. 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 
     2403(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. 2406. 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. 2407. REVOCATION OR SUSPENSION OF FUNDING.

       ``If the Attorney General determines, as a result of the 
     reviews required by section 2406 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 2402 of this part, 
     the Attorney General may revoke or suspend funding of that 
     grant, in whole or in part.

     ``SEC. 2408. 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. 2409. GENERAL REGULATORY AUTHORITY.

       ``The Attorney General is authorized to promulgate 
     regulations and guidelines to carry out this part.

     ``SEC. 2410. 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 W (as added by section 2301(b)) the 
     following:

   ``Part X--Public Safety and Community Policing; `Cops on the Beat'

``Sec. 2401. Authority to make public safety and community policing 
              grants.
``Sec. 2402. Applications.
``Sec. 2403. Review of applications by State office.
``Sec. 2404. Renewal of grants.
``Sec. 2405. Limitation on use of funds.
``Sec. 2406. Performance evaluation.
``Sec. 2407. Revocation or suspension of funding.
``Sec. 2408. Access to documents.
``Sec. 2409. General regulatory authority.
``Sec. 2410. 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, Q, R, S, T, U, V, W, and X.''; and
       (2) by adding after paragraph (18) (as added by section 
     2302) the following:
       ``(19)(A) There are authorized to be appropriated to carry 
     out part X, 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 X in any fiscal year, 
     up to 5 percent may be used for technical assistance under 
     section 2401(e) or for evaluations or studies carried out or 
     commissioned by the Attorney General in furtherance of the 
     purposes of part X, and up to 5 percent may be used for the 
     costs of States in carrying out the functions described in 
     section 2403(b) or other administrative costs. Of the 
     remaining funds, 50 percent shall be allocated for grants 
     pursuant to applications submitted as provided in section 
     2403(a) or (d), and 50 percent shall be allocated for grants 
     pursuant to applications submitted as provided in section 
     2403(c). Of the funds available in relation to grants 
     pursuant to applications submitted as provided in section 
     2403(a) or (d), at least 85 percent shall be applied to 
     grants for the purposes specified in section 2401(b), and no 
     more than 15 percent may be applied to other grants in 
     furtherance of the purposes of part X. Of the funds available 
     in relation to grants pursuant to applications submitted as 
     provided in section 2403(c), at least 85 percent shall be 
     applied to grants for the purposes specified in section 
     2401(b), and no more than 15 percent may be applied to other 
     grants in furtherance of the purposes of part X.
       ``(C) Notwithstanding the provisions of section 2403, no 
     funds allocated for grants pursuant to applications submitted 
     as provided under subsections (a) or (d) of section 2403 
     shall be allocated for grants to a municipality (as defined 
     in section 2403(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 a semicolon, 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; 
     and''.
       (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

     SEC. 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, providing specialized domestic violence court 
     advocates in courts where a significant number of protective 
     orders are granted, and increasing reporting and reducing 
     attrition rates for cases involving violent crimes against 
     women, including crimes of sexual assault and domestic 
     violence; 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);
       ``(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 section 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 at the end the 
     following:
       ``(12) 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, Q,''.
       (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, 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 at the end the 
     following:
       ``(13) 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 1602 of this Act, is amended by 
     striking ``O, and Q'' and inserting ``O, Q, and R''.
       (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. 2247. 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:

``2247. 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 victim's losses, not to exceed 
     90 days after sentencing. If the victim subsequently 
     discovers further losses, the victim shall have 90 days after 
     discovery of those losses in which to petition the court for 
     an amended restitution order. Such order may be granted only 
     upon a showing of good cause for the failure to include such 
     losses in the initial claim for restitutionary relief.
       ``(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 of part I of title 18, United States Code, is 
     amended by inserting after the item for chapter 110 the 
     following new item:

``110A. Domestic violence..................................2261.''.....

     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; and
       ``(2) the term `protection order' includes any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence including temporary and final 
     orders issued by civil 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 at the end the 
     following:
       ``(14) 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 1606 of this Act, is amended by 
     striking ``O, Q, and R'' and inserting ``O, Q, R, and S''.
       (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:
       ``(30) 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 at the end the following:
       ``(15) 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''.
       (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.''.
           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 by adding at the end the 
     following:
       ``(23) 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 provided 
     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, 
     behavioral, 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.), as amended 
     by section 1654 of this Act is amended--
       (1) by redesignating part U as part Y;
       (2) by redesignating section 2101 as section 2501; and
       (3) by inserting after part T the following:

         ``PART U--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

     ``SEC. 2101. 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. 2102. 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. 2103. 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 2101(a) to carry out the projects 
     described in the application submitted by such applicant 
     under section 2102 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 
     2102 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 2101(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. 2104. 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 2102(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 2101 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. 2105. 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 2101 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 2101.
       ``(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 2101, 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 2102(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; and
       ``(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. 2106. 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 inserting after the 
     matter relating to part T (as added by section 1654) the 
     following:

         ``Part U--Alternative Punishments for Young Offenders

``Sec. 2101. Grant authorization.
``Sec. 2102. State applications.
``Sec. 2103. Review of State applications.
``Sec. 2104. Local applications.
``Sec. 2105. Allocation and distribution of funds.
``Sec. 2106. Evaluation.

             ``Part Y--Transition--Effective Date--Repealer

``Sec. 2501. 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; 
     and''.
       (d) Technical Amendments.--Section 901(a) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3791(a)) is amended--
       (1) in paragraph (21), by adding a semicolon at the end;
       (2) in paragraph (22), by striking ``and'' at the end; and
       (3) in paragraph (23) by striking the period at the end and 
     inserting a semicolon.

     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 at the end the following:
       ``(16) 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 U.''.

     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 U (as added by section 
     2101(a)) the following new part:

     ``PART V--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

     ``SEC. 2201. 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.
       ``(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.
       ``(14) To reduce the incidence of graffiti and to promote 
     graffiti removal, prevention, and education programs.
       ``(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. 2202. 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 U (as added by section 2101(b)) the 
     following:

     ``Part V--Juvenile Drug Trafficking and Gang Prevention Grants

``Sec. 2201. Grant authorization.
``Sec. 2202. 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 at the end the following:
       ``(17) 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 V.''.
 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 V (as added by section 2201(a)) the following:

  ``PART W--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

     ``SEC. 2301. 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. 2302. 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 this 
     section; and
       ``(2) shall administer grant funds received under this 
     part, including review of spending, processing, progress, 
     financial reporting, technical assistance, grant adjustments, 
     accounting, auditing, and fund disbursement.

     ``SEC. 2303. REVIEW OF STATE APPLICATIONS.

       ``(a) In General.--The Director shall make a grant under 
     section 2301 to carry out the projects described in the 
     application submitted under section 2302 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 
     2302 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. 2304. 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 2302 for the fiscal year for which the projects 
     receive assistance under this part.

     ``SEC. 2305. 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 V (as added by section 2201(b)) the 
     following:

     ``Part W--Residential Substance Abuse Treatment for Prisoners

``Sec. 2301. Grant authorization.
``Sec. 2302. State applications.
``Sec. 2303. Review of State applications.
``Sec. 2304. Allocation and distribution of funds.
``Sec. 2305. 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 at the end the following:
       ``(18) 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 W.''.
     TITLE XXIV--IMMIGRATION RELATED PROVISIONS AND CRIMINAL ALIENS
                      Subtitle A--Criminal Aliens

     SEC. 2401. 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. 2402. 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 exercise 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.

     SEC. 2403. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

       (a) Incarceration.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended by adding at the 
     end the following:
     ``(j) Incarceration.--
       ``(1) If the chief official of the State (or, if 
     appropriate, a political subdivision of the State) exercising 
     authority with respect to the incarceration of an 
     undocumented criminal alien (sentenced to a determinate term 
     of imprisonment) submits a written request to the Attorney 
     General, the Attorney General shall, as determined by the 
     Attorney General--
       ``(A) enter into a contractual arrangement which provides 
     for compensation to the State or a political subdivision of 
     the State, as may be appropriate, with respect to the 
     incarceration of such undocumented criminal alien for such 
     determinate sentence of imprisonment, or
       ``(B) take the undocumented criminal alien into the custody 
     of the Federal Government and incarcerate such alien for such 
     determinate sentence of imprisonment.
       ``(2) Compensation under paragraph (1)(A) shall be 
     determined by the Attorney General and may not exceed the 
     median cost of incarceration of a prisoner in all maximum 
     security facilities in the United States as determined by the 
     Bureau of Justice Statistics.
       ``(3) For purposes of this subsection, the term 
     `undocumented criminal alien' means an alien who--
       ``(A) has been convicted of a felony and sentenced to a 
     term of imprisonment, and
       ``(B)(i) entered the United States without inspection or at 
     any time or place other than as designated by the Attorney 
     General,
       ``(ii) was the subject of exclusion or deportation 
     proceedings at the time he or she was taken into custody by 
     the State or a political subdivision of the State, or
       ``(iii) was admitted as a nonimmigrant and at the time he 
     or she was taken into custody by the State or a political 
     subdivision of the State has failed to maintain the 
     nonimmigrant status in which the alien was admitted or to 
     which it was changed under section 248, or to comply with the 
     conditions of any such status.
       ``(4)(A) In carrying out paragraph (1), the Attorney 
     General shall give priority to the Federal incarceration of 
     undocumented criminal aliens who have committed aggravated 
     felonies.
       ``(B) The Attorney General shall ensure that undocumented 
     criminal aliens incarcerated in Federal facilities pursuant 
     to this subsection are held in facilities which provide a 
     level of security appropriate to the crimes for which they 
     were convicted.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect October 1, 1994.
       (c) Limitation.--The authority created in section 242(j) of 
     the Immigration and Nationality Act (as added by subsection 
     (a)) shall be subject to appropriation until October 1, 1998.
                   Subtitle B--Immigration Provisions

     SEC. 2411. 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 applicants 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 
     years 1994, 1995, 1996, 1997, and 1998.

     SEC. 2412. 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 Deportation Branch to apprehend illegal 
     aliens who attempt clandestine entry into the United States 
     or entry into the United States with fraudulent documents or 
     who remain in the country after their nonimmigrant visas 
     expire.
       (b) The Attorney General shall report to the Congress every 
     two years on the programs referred to in subsection (a).

     SEC. 2413. 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 Nationality 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. 2414. 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.
                    Subtitle C--Border Patrol Agents

     SEC. 2421. BORDER PATROL AGENTS.

       In addition to such amounts as are otherwise authorized to 
     be appropriated, there is authorized to be appropriated for 
     each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for 
     salaries and expenses of the Border Patrol such amounts as 
     may be necessary to provide for an increase in the number of 
     agents of the Border Patrol by 6,000 full-time equivalent 
     agent positions (and necessary support personnel positions) 
     beyond the number of such positions authorized for the Border 
     Patrol as of October 1, 1993.
     Subtitle D--Passport and Visa Offenses Penalties Improvements

     SEC. 2431. 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 
     years''; 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.''.
                         TITLE XXV--RURAL CRIME
              Subtitle A--Drug Trafficking in Rural Areas

     SEC. 2501. 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 inserting 
     ``$250,000''.

     SEC. 2502. 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. 2503. 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. 2504. RURAL DRUG ENFORCEMENT TRAINING.

       (a) Specialized Training for Rural Officers.--The Director 
     of the Federal Law Enforcement Training Center shall develop 
     a specialized course of instruction devoted to training law 
     enforcement officers from rural agencies in the investigation 
     of drug trafficking and related crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out subsection (a) $1,000,000 for 
     each of fiscal years 1994, 1995, 1996, 1997, and 1998.

     SEC. 2505. 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. 2511. 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--
       ``(1) the term `safety rest area' means a roadside facility 
     with parking facilities for the rest or other needs of 
     motorists; and
       ``(2) the term `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. 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. 2521. 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, the term ``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 1402 to 
     accomplish the objectives of this section.
    Subtitle D--Sense of Congress Regarding Funding for Rural Areas

     SEC. 2531. 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 received in fiscal year 1994 for anti-crime initiatives 
     as a result of any legislative or administrative actions; and
       (3) to the maximum extent possible, funding for the Edward 
     Byrne Memorial State and Local Law Enforcement Assistance 
     Program should be maintained at its fiscal year 1994 level.
              TITLE XXVI--COMMISSION ON CRIME AND VIOLENCE

     SEC. 2601. 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. 2602. 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 reflect 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 section 5702 and 5703 of 
     title 5, United States Code.

     SEC. 2603. 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. 2604. STAFF AND SUPPORT SERVICES.

       (a) Director.--
       (a) Appointment.--After consultation with the members of 
     the Commission, the Chairperson shall appoint a director of 
     the Commission (referred to in this title 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. 2605. 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. 2606. 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 
     subsectin (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. 2607. 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.
     TITLE XXVII--POLICE CORPS AND LAW ENFORCEMENT SCHOLARSHIP ACT

     SEC. 2701. PURPOSES.

       The purposes of this title are to--
       (1) address violent crime by increasing the number of 
     police with advanced education and training on community 
     patrol; and
       (2) provide educational assistance to law enforcement 
     personnel and to students who possess a sincere interest in 
     public service in the form of law enforcement.

     SEC. 2702. DEFINITIONS.

       For purposes of this title--
       (1) the term ``academic year'' means a traditional academic 
     year beginning in August or September and ending in the 
     following May or June;
       (2) the term ``dependent child'' means a natural or adopted 
     child or stepchild of a law enforcement officer who at the 
     time of the offer's death--
       (A) was no more than 21 years old; or
       (B) if older than 21 years, was in fact dependent on the 
     child's parents for at least one-half of the child's support 
     (excluding educational expenses), as determined by the 
     Director;
       (3) the term ``Director'' means the Director of the Office 
     of the Police Corps and Law Enforcement Education appointed 
     under section 2711;
       (4) the term ``educational expenses'' means expenses that 
     are directly attributable to--
       (A) a course of education leading to the award of the 
     baccalaureate degree in legal- or criminal justice-related 
     studies; or
       (B) a course of graduate study legal or criminal justice 
     studies following award of a baccalaureate degree,

     including the cost of tuition, fees, books, supplies, 
     transportation, room and board and miscellaneous expenses.

       (5) the term ``institution of higher education'' has the 
     meaning stated in the first sentence of section 1201(a) of 
     the Higher Education Act of 1965 (20 U.S.C. 1141(a));
       (6) the term ``participant'' means a participant in the 
     Police Corps program selected pursuant to section 2714;
       (7) the term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Virgin Islands, American Samoa, Guam, and the 
     Commonwealth of the Northern Mariana Islands; and
       (8) the term ``State Police Corps program'' means a State 
     police corps program that meets the requirements of section 
     2717.
                        Subtitle A--Police Corps

     SEC. 2711. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND 
                   LAW ENFORCEMENT EDUCATION.

       (a) Establishment.--There is established in the Department 
     of Justice, under the general authority of the Attorney 
     General, an Office of the Police Corps and Law Enforcement 
     Education.
       (b) Appointment of Director.--The Office of the Police 
     Corps and Law Enforcement Education shall be headed by a 
     Director who shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       (c) Responsibilities of Director.--The Director shall be 
     responsible for the administration of the Police Corps 
     program established by this subtitle and shall have authority 
     to promulgate regulations to implement this subtitle.

     SEC. 2712. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE 
                   PLAN.

       (a) Lead Agency.--A State that desires to participate in 
     the Police Corps program under this subtitle shall designate 
     a lead agency that will be responsible for--
       (1) submitting to the Director a State plan described in 
     subsection (b); and
       (2) administering the program in the State.
       (b) State Plans.--A State plan shall--
       (1) contain assurances that the lead agency shall work in 
     cooperation with the local law enforcement liaisons, 
     representatives of police labor organizations and police 
     management organizations, and other appropriate State and 
     local agencies to develop and implement interagency 
     agreements designed to carry out the program;
       (2) contain assurances that the State shall advertise the 
     assistance available under this subtitle;
       (3) contain assurances that the State shall screen and 
     select law enforcement personnel for participation in the 
     program; and
       (4) meet the requirements of section 2717.

     SEC. 2713. SCHOLARSHIP ASSISTANCE.

       (a) Scholarships Authorized.--(1) The Director may award 
     scholarships to participants who agree to work in a State or 
     local police force in accordance with agreements entered into 
     pursuant to subsection (d).
       (2)(A) Except as provided in subparagraph (B), each 
     scholarship payment made under this section for each academic 
     year shall not exceed--
       (i) $7,500; or
       (ii) the cost of the educational expenses related to 
     attending an institution of higher education.
       (B) In the case of a participant who is pursuing a course 
     of educational study during substantially an entire calendar 
     year, the amount of scholarship payments made during such 
     year shall not exceed $10,000.
       (C) The total amount of scholarship assistance received by 
     any one participant under this section shall not exceed 
     $30,000.
       (3) Participants who receive scholarship assistance under 
     this section shall continue to receive such scholarship 
     payments only during such periods as the Director finds that 
     the recipient is maintaining satisfactory progress as 
     determined by the institution of higher education the 
     recipient is attending.
       (4)(A) The Director shall make scholarship payments under 
     this section directly to the institution of higher education 
     that the student is attending.
       (B) Each institution of higher education receiving a 
     payment on behalf of a participant pursuant to subparagraph 
     (A) shall remit to such student any funds in excess of the 
     costs of tuition, fees, and room and board payable to the 
     institution.
       (b) Reimbursement Authorized.--(1) The Director may make 
     payments to a participant to reimburse such participant for 
     the costs of educational expenses if the student agrees to 
     work in a State or local police force in accordance with the 
     agreement entered into pursuant to subsection (d).
       (2)(A) Each payment made pursuant to paragraph (1) for each 
     academic year of study shall not exceed--
       (i) $7,500; or
       (ii) the cost of educational expenses related to attending 
     an institution of higher education.
       (B) In the case of a participant who is pursuing a course 
     of educational study during substantially an entire calendar 
     year, the amount of scholarship payments made during such 
     year shall not exceed $10,000.
       (C) The total amount of payments made pursuant to 
     subparagraph (A) to any 1 student shall not exceed $30,000.
       (c) Use of Scholarship.--Scholarships awarded under this 
     under subsection shall only be used to attend a 4-year 
     institution of higher education, except that--
       (1) scholarships may be used for graduate and professional 
     study; and
       (2) if a participant has enrolled in the program upon or 
     after transfer to a 4-year institution of higher education, 
     the Director may reimburse the participant for the 
     participant's prior educational expenses.
       (d) Agreement.--(1)(A) Each participant receiving a 
     scholarship or a payment under this section shall enter into 
     an agreement with the Director.
       (B) An agreement under subparagraph (A) shall contain 
     assurances that the participant shall--
       (i) after successful completion of a baccalaureate program 
     and training as prescribed in section 2715, work for 4 years 
     in a State or local police force without there having arisen 
     sufficient cause for the participant's dismissal under the 
     rules applicable to members of the police force of which the 
     participant is a member;
       (ii) complete satisfactorily--
       (I) an educational course of study and receipt of a 
     baccalaureate degree (in the case of undergraduate study) or 
     the reward of credit to the participant for having completed 
     one or more graduate courses (in the case of graduate study); 
     and
       (II) Police Corps training and certification by the 
     Director that the participant has met such performance 
     standards as may be established pursuant to section 2715; and
       (iii) repay all of the scholarship or payment received plus 
     interest at the rate of 10 percent if the conditions of 
     clauses (i) and (ii) are not complied with.
       (2)(A) A participant who receives a scholarship or payment 
     under this section shall not be considered to be in violation 
     of the agreement entered into pursuant to paragraph (1) if 
     the recipient--
       (i) dies; or
       (ii) becomes permanently and totally disabled as 
     established by the sworn affidavit of a qualified physician.
       (B) If the participant who has received a scholarship is 
     unable to comply with the repayment provision set forth in 
     paragraph (1)(B)(ii) because of a physical or emotional 
     disability or for good cause as determined by the Director, 
     the Director may substitute community service in a form 
     prescribed by the Director for the required repayment.
       (C) The Director shall expeditiously seek repayment from a 
     participant who violates an agreement described in paragraph 
     (1).
       (e) Dependent Child.--(1) A dependent child of an 
     individual referred to in paragraph (2) shall be entitled to 
     the scholarship assistance authorized in this section for any 
     course of study in any accredited institution of higher 
     education. Such dependent child shall not incur any repayment 
     obligation in exchange for the scholarship assistance 
     provided in this section.
       (2) For purposes of paragraph (1), an individual is a law 
     enforcement officer--
       (A) who is a member of a State or local police force or is 
     a Federal criminal investigator or uniformed police officer;
       (B) who is not a participant in the Police Corps program, 
     but who serves in a State for which the Director has approved 
     a State Police Corps plan; and
       (C) who is killed in the course of performing police 
     duties.
       (f) Application.--Each participation desiring a scholarship 
     or payment under this section shall submit an application as 
     prescribed by the Director in such manner and accompanied by 
     such information as the Director may reasonably require.

     SEC. 2714. SELECTION OF PARTICIPANTS.

       (a) In General.--Participants in State Police Corps 
     programs shall be selected on a competitive basis by each 
     State under regulations prescribed by the Director.
       (b) Selection Criteria and Qualifications.--(1) In order to 
     participate in a State Police Corps program, a participant 
     shall--
       (A) be a citizen of the United States or an alien lawfully 
     admitted for permanent residence in the United States;
       (B) meet the requirements for admission as a trainee of the 
     State or local police force to which the participant will be 
     assigned pursuant to section 2717 (c)(5), including 
     achievement of satisfactory scores on any applicable 
     examination, except that failure to meet the age requirement 
     for a trainee of the State or local police shall not 
     disqualify the applicant if the applicant will be of 
     sufficient age upon completing an undergraduate course of 
     study;
       (C) possess the necessary mental and physical capabilities 
     and emotional characteristics to discharge effectively the 
     duties of a law enforcement officer;
       (D) be a good character and demonstrate sincere motivation 
     and dedication to law enforcement and public service;
       (E) in the case of an undergraduate, agree in writing that 
     the participant will complete an educational course of study 
     leading to the award of a baccalaureate degree and will then 
     accept an appointment and complete 4 years of service as an 
     officer in the State police or in a local police department 
     within the State;
       (F) in the case of a participant desiring to undertake or 
     continue graduate study, agree in writing that the 
     participant will accept an appointment and complete 4 years 
     of service as an officer in the State police or in a local 
     police department within the State before undertaking or 
     continuing graduate study;
       (G) contract, with the consent of the participant's parent 
     or guardian if the participant is a minor, to serve for 4 
     years as an officer in the State police or in a local police 
     department, if an appointment is offered; and
       (H) except as provided in paragraph (2), be without 
     previous law enforcement experience.
       (2)(A) Until the date that is 5 years after the date of 
     enactment of this title, up to 10 percent of the applicants 
     accepted into a State Police Corps program may be persons 
     who--
       (i) have had some law enforcement experience; and
       (ii) have demonstrated special leadership potential and 
     dedication to law enforcement.
       (B)(i) The prior period of law enforcement of a participant 
     selected pursuant to subparagraph (A) shall not be counted 
     toward satisfaction of the participant's 4-year service 
     obligation under section 2716, and such a participant shall 
     be subject to the same benefits and obligations under this 
     subtitle as other participants, including those stated in 
     subsection (b)(1)(E) and (F).
       (ii) Clause (i) shall not be construed to preclude counting 
     a participant's previous period of law enforcement experience 
     for purposes other than satisfaction of the requirements of 
     section 2716, such as for purposes of determining such a 
     participant's pay and other benefits, rank, and tenure.
       (3) It is the intent of this subtitle that there shall be 
     no more than 20,000 participants in each graduating class. 
     The Director shall approve State plans providing in the 
     aggregate for such enrollment of applicants as shall assure, 
     as nearly as possible, annual graduating classes of 20,000. 
     In a year in which applications are received a number greater 
     than that which will produce, in the judgment of the 
     Director, a graduating class of more than 20,000, the 
     Director shall, in deciding which applications to grant, give 
     preference to those who will be participating in State plans 
     that provide law enforcement personnel to areas of greatest 
     need.
       (c) Recruitment of Minorities.--Each State participating in 
     the Police Corps program shall make special efforts to seek 
     and recruit applicants from among members of all racial, 
     ethnic or gender groups. This subsection does not authorize 
     an exception from the competitive standards for admission 
     established pursuant to subsections (a) and (b).
       (d) Enrollment of Applicant.--(1) An applicant shall be 
     accepted into a State Police Corps program on the condition 
     that the applicant will be matriculated in, or accepted for 
     admission at, a 4-year institution of higher education--
       (A) as a full-time student in an undergraduate program; or
       (B) for purposes of taking a graduate course.
       (2) If the applicant is not matriculated or accepted as set 
     forth in paragraph (1), the applicant's acceptance in the 
     program shall be revoked.
       (e) Leave of Absence.--(1) A participant in a State Police 
     Corps program who requests a leave of absence from 
     educational study, training or service for a period not to 
     exceed 1 year (or 18 months in the aggregate in the event of 
     multiple requests) due to temporary physical or emotional 
     disability shall be granted such leave of absence by the 
     State.
       (2) A participant who requests a leave of absence from 
     educational study, training or service for a period not to 
     exceed 1 year (or 18 months in the aggregate in the event of 
     multiple requests) for any reason other than those listed in 
     paragraph (1) may be granted such leave of absence by the 
     State.
       (3) A participant who requests a leave of absence from 
     educational study or training for a period not to exceed 30 
     months to serve on an official church mission may be granted 
     such leave of absence.
       (f) Admission of Applicants.--An applicant may be admitted 
     into a State Police Corps program either before commencement 
     of or during the applicant's course of educational study.

     SEC. 2715. POLICE CORPS TRAINING.

       (a) In General.--(1) The Director shall establish programs 
     of training for State Police Corps participants. Such 
     programs may be carried out at up to 3 training centers 
     established for this purpose and administered by the 
     Director, or by contracting with existing State training 
     facilities. The Director shall contract with a State training 
     facility upon request of such facility if the Director 
     determines that such facility offers a course of training 
     substantially equivalent to the Police Corps training program 
     described in this subtitle.
       (2) The Director may enter into contracts with individuals, 
     institutions of learning, and government agencies (including 
     State and local police forces) to obtain the services of 
     persons qualified to participate in and contribute to the 
     training process.
       (3) The Director may enter into agreements with agencies of 
     the Federal Government to utilize on a reimbursable basis 
     space in Federal buildings and other resources.
       (4) The Director may authorize such expenditures as are 
     necessary for the effective maintenance of the training 
     centers, including purchases of supplies, uniforms, and 
     educational materials, and the provision of subsistence, 
     quarters, and medical care to participants.
       (b) Training Sessions.--A participant in a State Police 
     Corps program shall attend two 8-week training sessions at a 
     training center, one during the summer following completion 
     of sophomore year and one during the summer following 
     completion of junior year. If a participant enters the 
     program after sophomore year, the participant shall complete 
     16 weeks of training at times determined by the Director.
       (c) Further Training.--The 16 weeks of State Police Corps 
     training authorized in this section is intended to serve as 
     basic law enforcement training but not to exclude further 
     training of participants by the State and local authorities 
     to which they will be assigned. Each State plan approved by 
     the Director under section 2717 shall include assurances that 
     following completion of a participant's course of education 
     each participant shall receive appropriate additional 
     training by the State or local authority to which the 
     participant is assigned. The time spent by a participant in 
     such additional training, but not the time spent in State 
     Police Corps training, shall be counted toward fulfillment of 
     the participant's 4-year service obligation.
       (d) Course of Training.--The training sessions at training 
     centers established under this section shall be designed to 
     provide basic law enforcement training, including vigorous 
     physical and mental training to teach participants self-
     discipline and organizational loyalty and to impart knowledge 
     and understanding of legal processes and law enforcement.
       (e) Evaluation of Participants.--A participant shall be 
     evaluated during training for mental, physical, and emotional 
     fitness, and shall be required to meet performance standards 
     prescribed by the Director at the conclusion of each training 
     session in order to remain in the Police Corps program.
       (f) Stipend.--The Director shall pay participants in 
     training sessions a stipend of $250 a week during training.

     SEC. 2716. SERVICE OBLIGATION.

       (a) Swearing In.--Upon satisfactory completion of the 
     participant's course of education and training program 
     established in section 2715 and meeting the requirements of 
     the police force to which the participant is assigned, a 
     participant shall be sworn in as a member of the police force 
     to which the participant is assigned pursuant to the State 
     Police Corps plan, and shall serve for 4 years as a member of 
     that police force.
       (b) Rights and Responsibilities.--A participant shall have 
     all of the rights and responsibilities of and shall be 
     subject to all rules and regulations applicable to other 
     members of the police force of which the participant is a 
     member, including those contained in applicable agreements 
     with labor organizations and those provided by State and 
     local law.
       (c) Discipline.--If the police force of which the 
     participant is a member subjects the participant to 
     discipline such as would preclude the participant's 
     completing 4 years of service, and result in denial of 
     educational assistance under section 2713, the Director may, 
     upon a showing of good cause, permit the participant to 
     complete the service obligation in an equivalent alternative 
     law enforcement service and, if such service is 
     satisfactorily completed, section 2713(d)(1)(B)(iii) shall 
     not apply.
       (d) Layoffs.--If the police force of which the participant 
     is a member lays off the participant such as would preclude 
     the participant's completing 4 years of service, and result 
     in denial of educational assistance under section 2713, the 
     Director may permit the participant to complete the service 
     obligation in an equivalent alternative law enforcement 
     service and, if such service is satisfactorily completed, 
     section 2713(d)(1)(B)(iii) shall not apply.

     SEC. 2717. STATE PLAN REQUIREMENTS.

       A State Police Corps plan shall--
       (1) provide for the screening and selection of participants 
     in accordance with the criteria set out in section 2714;
       (2) State procedures governing the assignment of 
     participants in the Police Corps program to State and local 
     police forces (no more than 10 percent of all the 
     participants assigned in each year by each State to be 
     assigned to a statewide police force or forces);
       (3) provide that participants shall be assigned to those 
     geographic areas in which--
       (A) there is the greatest need for additional law 
     enforcement personnel; and
       (B) the participants will be used most effectively;
       (4) provide that to the extent consistent with paragraph 
     (3), a participant shall be assigned to an area near the 
     participant's home or such other place as the participant may 
     request;
       (5) provide that to the extent feasible, a participant's 
     assignment shall be made at the time the participant is 
     accepted into the program, subject to change--
       (A) prior to commencement of a participant's fourth year of 
     undergraduate study, under such circumstances as the plan may 
     specify; and
       (B) from commencement of a participant's fourth year of 
     undergraduate study until completion of 4 years of police 
     service by participant, only for compelling reasons or to 
     meet the needs of the State Police Corps program and only 
     with the consent of the participant;
       (6) provide that no participant shall be assigned to serve 
     with a local police force--
       (A) whose size has declined by more than 5 percent since 
     June 21, 1989; or
       (B) which has members who have been laid off but not 
     retired;
       (7) provide that participants shall be placed and to the 
     extent feasible kept on community and preventive patrol;
       (8) ensure that participants will receive effective 
     training and leadership;
       (9) provide that the State may decline to offer a 
     participant an appointment following completion of Federal 
     training, or may remove a participant from the State Police 
     Corps program at any time, only for good cause (including 
     failure to make satisfactory progress in a course of 
     educational study) and after following reasonable review 
     procedures stated in the plan; and
       (10) provide that a participant shall, while serving as a 
     member of a police force, be compensated at the same rate of 
     pay and benefits and enjoy the same rights under applicable 
     agreements with labor organizations and under State and local 
     law as other police officers of the same rank and tenure in 
     the police force of which the participant is a member.

     SEC. 2718. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING 
                   POLICE CORPS OFFICERS.

       Each jurisdiction directly employing State Police Corps 
     participants during the 4-year term of service prescribed by 
     section 2716 shall receive $10,000 on account of each such 
     participant at the completion of each such year of service, 
     but--
       (1) no such payment shall be made on account of service in 
     any State or local police force--
       (A) whose average size, in the year for which payment is to 
     be made, not counting State Police Corps participants 
     assigned under section 2715, has declined more than 2 percent 
     since January 1, 1993; or
       (B) which has members who have been laid off but not 
     retired; and
       (2) no such payment shall be made on account of any State 
     Police Corps participant for years of service after the 
     completion of the term of service prescribed in section 2716.

     SEC. 2719. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $100,000,000 for fiscal year 1995 and $250,000,000 for 
     fiscal year 1996; and
       (2) such sums as are necessary for each of the fiscal years 
     1997, 1998, and 1999.

     SEC. 2720. REPORTS TO CONGRESS.

       (a) In General.--Not later than April 1 of each year, the 
     Director shall submit a report to the Attorney General, the 
     President, the Speaker of the House of Representatives, and 
     the President of the Senate.
       (b) Contents.--A report under subsection (a) shall--
       (1) state the number of current and past participants in 
     the State Police Corps program, broken down according to the 
     levels of educational study in which they are engaged and 
     years of service they have served on police forces (including 
     service following completion of the 4-year service 
     obligation);
       (2) describe the geographic, racial, and gender dispersion 
     of participants in the State Police Corps program; and
       (3) describe the progress of the State Police Corps program 
     and make recommendations for changes in the program.
            Subtitle B--Law Enforcement Scholarship Program

     SEC. 2731. ALLOTMENT.

       From amounts appropriated under section 2739, the Director 
     shall allot--
       (1) 80 percent of such amounts to States on the basis of 
     the number of law enforcement officers in each State compared 
     to the number of law enforcement officers in all States; and
       (2) 20 percent of such amounts to States on the basis of 
     the shortage of law enforcement personnel and the need for 
     assistance under this subtitle in the State compared to the 
     shortage of law enforcement personnel and the need for 
     assistance under this subtitle in all States.

     SEC. 2732. ESTABLISHMENT OF PROGRAM.

       (a) Use of Allotment.--
       (1) In general.--A State that receives an allotment 
     pursuant to section 2731 shall use the allotment to pay the 
     Federal share of the costs of--
       (A) awarding scholarships to in-service law enforcement 
     personnel to enable such personnel to seek further education; 
     and
       (B) providing--
       (i) full-time employment in summer; or
       (ii) part-time (not to exceed 20 hours per week) employment 
     for a period not to exceed 1 year.
       (2) Employment.--The employment described in paragraph 
     (1)(B)--
       (A) shall be provided by State and local law enforcement 
     agencies for students who are juniors or seniors in high 
     school or are enrolled in an institution of higher education 
     and who demonstrate an interest in undertaking a career in 
     law enforcement;
       (B) shall not be in a law enforcement position; and
       (C) shall consist of performing meaningful tasks that 
     inform students of the nature of the tasks performed by law 
     enforcement agencies.
       (b) Payments; Federal Share; Non-Federal Share.--
       (1) Payments.--The Secretary shall pay to each State that 
     receives an allotment under section 2731 the Federal share of 
     the cost of the activities described in the application 
     submitted pursuant to section 2735.
       (2) Federal share.--The Federal share shall not exceed 60 
     percent.
       (3) Non-federal share.--The non-Federal share of the cost 
     of scholarships and student employment provided under this 
     subtitle shall be supplied from sources other than the 
     Federal Government.
       (c) Responsibilities of Director.--The Director shall be 
     responsible for the administration of the programs conducted 
     pursuant to this subtitle and shall, in consultation with the 
     Assistant Secretary for Postsecondary Education, issue rules 
     to implement this subtitle.
       (d) Administrative Expenses.--A State that receives an 
     allotment under section 2731 may reserve not more than 8 
     percent of the allotment for administrative expenses.
       (e) Special Rule.--A State that receives an allotment under 
     section 2731 shall ensure that each scholarship recipient 
     under this subtitle be compensated at the same rate of pay 
     and benefits and enjoy the same rights under applicable 
     agreements with labor organizations and under State and local 
     law as other law enforcement personnel of the same rank and 
     tenure in the office of which the scholarship recipient is a 
     member.
       (f) Supplementation of Funding.--Funds received under this 
     subtitle shall only be used to supplement, and not to 
     supplant, Federal, State, or local efforts for recruitment 
     and education of law enforcement personnel.

     SEC. 2733. SCHOLARSHIPS.

       (a) Period of Award.--Scholarships awarded under this 
     subtitle shall be for a period of 1 academic year.
       (b) Use of Scholarships.--Each individual awarded a 
     scholarship under this subtitle may use the scholarship for 
     educational expenses at an institution of higher education.

     SEC. 2734. ELIGIBILITY.

       (a) Scholarships.--A person shall be eligible to receive a 
     scholarship under this subtitle if the person has been 
     employed in law enforcement for the 2-year period immediately 
     preceding the date on which assistance is sought.
       (b) Ineligibility for Student Employment.--A person who has 
     been employed as a law enforcement officer is ineligible to 
     participate in a student employment program carried out under 
     this subtitle.

     SEC. 2735. STATE APPLICATION.

       (a) In General.--Each State desiring an allotment under 
     section 2731 shall submit an application to the Director at 
     such time, in such manner, and accompanied by such 
     information as the Director may reasonably require.
       (b) Contents.--An application under subsection (a) shall--
       (1) describe the scholarship program and the student 
     employment program for which assistance under this subtitle 
     is sought;
       (2) contain assurances that the lead agency will work in 
     cooperation with the local law enforcement liaisons, 
     representatives of police labor organizations and police 
     management organizations, and other appropriate State and 
     local agencies to develop and implement interagency 
     agreements designed to carry out this subtitle;
       (3) contain assurances that the State will advertise the 
     scholarship assistance and student employment it will provide 
     under this subtitle and that the State will use such programs 
     to enhance recruitment efforts;
       (4) contain assurances that the State will screen and 
     select law enforcement personnel for participation in the 
     scholarship program under this subtitle;
       (5) contain assurances that under such student employment 
     program the State will screen and select, for participation 
     in such program, students who have an interest in undertaking 
     a career in law enforcement;
       (6) contain assurances that under such scholarship program 
     the State will make scholarship payments to institutions of 
     higher education on behalf of persons who receive 
     scholarships under this subtitle;
       (7) with respect to such student employment program, 
     identify--
       (A) the employment tasks that students will be assigned to 
     perform;
       (B) the compensation that students will be paid to perform 
     such tasks; and
       (C) the training that students will receive as part of 
     their participation in the program;
       (8) identify model curriculum and existing programs 
     designed to meet the educational and professional needs of 
     law enforcement personnel; and
       (9) contain assurances that the State will promote 
     cooperative agreements with educational and law enforcement 
     agencies to enhance law enforcement personnel recruitment 
     efforts in institutions of higher education.

     SEC. 2736. LOCAL APPLICATION.

       (a) In General.--A person who desires a scholarship or 
     employment under this subtitle shall submit an application to 
     the State at such time, in such manner, and accompanied by 
     such information as the State may reasonably require.
       (b) Contents.--An application under subsection (a) shall 
     describe--
       (1) the academic courses for which a scholarship is sought; 
     or
       (2) the location and duration of employment that is sought.
       (c) Priority.--In awarding scholarships and providing 
     student employment under this subtitle, each State shall give 
     priority to applications from persons who are--
       (1) members of racial, ethnic, or gender groups whose 
     representation in the law enforcement agencies within the 
     State is substantially less than in the population eligible 
     for employment in law enforcement in the State;
       (2) pursuing an undergraduate degree; and
       (3) not receiving financial assistance under the Higher 
     Education Act of 1965.

     SEC. 2737. SCHOLARSHIP AGREEMENT.

       (a) In General.--A person who receives a scholarship under 
     this subtitle shall enter into an agreement with the 
     Director.
       (b) Contents.--An agreement described in subsection (a) 
     shall--
       (1) provide assurances that the scholarship recipient will 
     work in a law enforcement position in the State that awarded 
     the scholarship in accordance with the service obligation 
     described in subsection (c) after completion of the 
     scholarship recipient's academic courses leading to an 
     associate, bachelor, or graduate degree;
       (2) provide assurances that the scholarship recipient will 
     repay the entire scholarship in accordance with such terms 
     and conditions as the Director shall prescribe if the 
     requirements of the agreement are not complied with, unless 
     the scholarship recipient--
       (A) dies;
       (B) becomes physically or emotionally disabled, as 
     established by the sworn affidavit of a qualified physician; 
     or
       (C) has been discharged in bankruptcy; and
       (3) set forth the terms and conditions under which the 
     scholarship recipient may seek employment in the field of law 
     enforcement in a State other than the State that awarded the 
     scholarship.
       (c) Service Obligation.--
       (1) In general.--Except as provided in paragraph (2), a 
     person who receives a scholarship under this subtitle shall 
     work in a law enforcement position in the State that awarded 
     the scholarship for a period of 1 month for each credit hour 
     for which funds are received under the scholarship.
       (2) Special rule.--For purposes of satisfying the 
     requirement of paragraph (1), a scholarship recipient shall 
     work in a law enforcement position in the State that awarded 
     the scholarship for not less than 6 months but shall not be 
     required to work in such a position for more than 2 years.

     SEC. 2738. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``Director'' means the Director of the Bureau 
     of Justice Assistance;
       (2) the term ``educational expenses'' means expenses that 
     are directly attributable to--
       (A) a course of education leading to the award of an 
     associate degree;
       (B) a course of education leading to the award of 
     baccalaureate degree; or
       (C) a course of graduate study following award of a 
     baccalaureate degree,

     including the cost of tuition, fees, books, supplies, and 
     related expenses;
       (3) the term ``institution of higher education'' has the 
     meaning stated in the first sentence of section 1201(a) of 
     the Higher Education Act of 1965 (20 U.S.C. 1141(a));
       (4) the term ``law enforcement position'' means employment 
     as an officer in a State or local police force or 
     correctional institution; and
       (5) the term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Virgin Islands of the United States, American Samoa, 
     Guam, and the Commonwealth of the Northern Mariana Islands.

     SEC. 2739. AUTHORIZATION OF APPROPRIATIONS.

       (a) General Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this subtitle 
     $30,000,000 for each of fiscal years 1995, 1996, 1997, 1998, 
     and 1999.
       (b) Uses of Funds.--Of the funds appropriated under 
     subsection (a) for a fiscal year--
       (1) 80 percent shall be available to provide scholarships 
     described in section 2732(a)(1)(A); and
       (2) 20 percent shall be available to provide employment 
     described in sections 2732(a)(1)(B) and 2732(a)(2).
     TITLE XXVIII--NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

     SEC. 2801. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION 
                   DATABASES.

       (a) Access.--The Attorney General shall amend existing 
     regulations (published at 28 C.F.R. 20.33(a)) to authorize 
     the dissemination of information from existing national crime 
     information databases, including the National Crime 
     Information Center and III (``Triple I''), to courts and 
     court personnel, civil or criminal, for use in domestic 
     violence or stalking cases. Nothing in this subsection shall 
     be construed to permit any person or court access to criminal 
     history record information for any other purpose or for any 
     other civil case other than for use in a stalking or domestic 
     violence case.
       (b) Entry.--The Attorney General shall amend existing 
     regulations to permit Federal and State criminal justice 
     agencies, assigned to input information into national crime 
     information databases, to include arrests, warrants, and 
     orders for the protection of parties from stalking or 
     domestic violence, whether issued by a criminal, civil, or 
     family court. Such amendment shall include a definition of 
     criminal history information that covers warrants, arrests, 
     and orders for the protection of parties from stalking or 
     domestic violence. Nothing in this subsection shall be 
     construed to permit access to such information for any 
     purpose which is different than the purposes described in 
     subsection (a).
       (c) Procedures.--The regulations required by subsection (a) 
     shall be proposed no later than 90 days after the date of 
     enactment of this Act, after appropriate consultation with 
     the Director of the Federal Bureau of Investigation, the 
     officials charged with managing the National Crime 
     Information Center, and the National Crime Information Center 
     Advisory Policy Board. Final regulations shall be issued no 
     later than 180 days after the date of the enactment of this 
     Act.

     SEC. 2802. NONSERIOUS OFFENSE BAR.

       The Attorney General shall amend existing regulations to 
     specify that the term ``nonserious offenses'', as used in 28 
     C.F.R. 20.32, does not include stalking or domestic violence 
     offenses. Nothing in this section is intended to change 
     current regulations requiring that juvenile offenses shall be 
     excluded from national crime information databases unless the 
     juvenile has been tried as an adult.

     SEC. 2803. PERFORMANCE GRANT PROGRAM.

       (a) In General.--The Attorney General, through the Director 
     of the Bureau of Justice Assistance, is authorized to provide 
     performance grants to the States to improve processes for 
     entering data about stalking and domestic violence into 
     national crime information databases.
       (b) Eligibility.--Eligible grantees under subsection (a) 
     are States that provide, in their application, that all 
     criminal justice agencies within their jurisdiction shall 
     enter into the National Crime Information Center all records 
     of (1) warrants for the arrest of persons violating civil 
     protection orders intended to protect victims from stalking 
     or domestic violence; (2) arrests of persons violating civil 
     protection orders intended to protect victims from stalking 
     or domestic violence; and (3) orders for the protection of 
     persons from violence, including stalking and domestic 
     violence.
       (c) Performance-Based Distribution.--Eligible grantees 
     under subsection (a) shall be awarded 25 percent of their 
     grant moneys upon application approval as ``seed money'' to 
     cover start-up costs for the project funded by the grant. 
     Upon successful completion of the performance audit provided 
     in subsection (d), the grantees shall be awarded the 
     remaining sums in the grant.
       (d) Performance Audit.--Within 6 months after the initial 
     25 percent of a grant is provided, the State shall report to 
     the Federal Bureau of Investigation and the Bureau of Justice 
     Assistance, the number of records included in national crime 
     information databases as a result of the grant funding, 
     including separate data for warrants, arrests, and protective 
     orders. If the State can show a substantial increase in the 
     number of records entered, then it shall be eligible for the 
     entire amount. However, the Director shall suspend funding 
     for an approved application if an applicant fails to submit a 
     6 month performance report or if funds are expended for 
     purposes other than those set forth under this title. Federal 
     funds may be used to supplement, not supplant, State funds.
       (e) Grant Amount.--From amounts appropriated, the amount of 
     grants under subsection (a) shall be--
       (1) $75,000 to each State; and
       (2) that portion of the then remaining available money to 
     each State that results from a distribution among the States 
     on the basis of each State's population in relation to the 
     population of all States.

     SEC. 2804. APPLICATION REQUIREMENTS.

       The application requirements provided in section 513 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3711 et seq.) shall apply to grants made under this title. In 
     addition, applications shall include documentation showing--
       (1) the need for grant funds and that State funding does 
     not already cover these operations;
       (2) intended use of the grant funds, including a plan of 
     action to increase record input; and
       (3) an estimate of expected results from the use of the 
     grant funds.

     SEC. 2805. DISBURSEMENT.

       (a) General Rule.--No later than 30 days after the receipt 
     of an application under this title, the Director shall either 
     disburse the appropriate sums provided for under this title 
     or shall inform the applicant why the application does not 
     conform to the terms of section 513 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 or to the requirements 
     of section 2804 of this title.
       (b) Regulations.--In disbursing moneys under this title, 
     the Director of the Bureau of Justice Assistance shall issue 
     regulations to ensure that grantees give priority to the 
     areas with the greatest showing of need.

     SEC. 2806. FEDERAL NONMONETARY ASSISTANCE.

       In addition to the assistance provided under the 
     performance grant program, the Attorney General may direct 
     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) in support of 
     State and local law enforcement efforts to combat stalking 
     and domestic violence.

     SEC. 2807. AUTHORIZATION.

       There are authorized to be appropriated for each of the 
     fiscal years 1994, 1995, and 1996, $2,000,000 to carry out 
     the purposes of the Performance Grant Program under this 
     title.

     SEC. 2808. TRAINING PROGRAMS FOR JUDGES.

       The National Institute of Justice, in conjunction with a 
     nationally recognized nonprofit organization expert in 
     stalking and domestic violence cases, shall conduct training 
     programs for judges to ensure that any judge issuing an order 
     in stalking or domestic violence cases has all available 
     criminal history and other information, whether from State or 
     Federal sources.

     SEC. 2809. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.

       The National Institute of Justice, after consulting a 
     nationally recognized nonprofit associations expert in data 
     sharing among criminal justice agencies and familiar with the 
     issues raised in stalking and domestic violence cases, shall 
     recommend proposals about how State courts may increase 
     intrastate communication between family courts, juvenile 
     courts, and criminal courts.

     SEC. 2810. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING 
                   SYSTEM.

       Not later than 2 years after the date of enactment of this 
     Act, the Attorney General, in coordination with the Federal 
     Bureau of Investigation and the States, shall compile data 
     regarding stalking civil protective orders and other forms of 
     domestic violence as part of the National Incident-Based 
     Reporting System (NIBRS).

     SEC. 2811. REPORT TO CONGRESS.

       The Attorney General shall submit to the Congress an annual 
     report, beginning one year after the date of the enactment of 
     this Act, that reports information on the incidence of 
     stalking and other forms of domestic violence, and evaluates 
     the effectiveness of State anti-stalking efforts and 
     legislation.

     SEC. 2812. DEFINITIONS.

       As used in this title--
       (1) the term ``national crime information databases'' 
     refers to the National Crime Information Center and its 
     incorporated criminal history databases, including III 
     (``Triple I'');
       (2) the term ``stalking'' includes any conduct that would, 
     if proven, justify the issuance of an order of protection 
     under the stalking, or other, laws of the State in which it 
     occurred; and
       (3) the term ``domestic violence'' includes any conduct 
     that would, if proven, justify the issuance of an order of 
     protection under the domestic violence, or other, laws of the 
     State in which it occurred.
   TITLE XXIX--PROTECTING THE PRIVACY OF INFORMATION IN STATE MOTOR 
                            VEHICLE RECORDS

     SEC. 2901. SHORT TITLE.

       This title may be cited as the ``Driver's Privacy 
     Protection Act of 1994''.

     SEC. 2902. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL 
                   INFORMATION FROM STATE MOTOR VEHICLE RECORDS.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 121 the following:

   ``CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL 
              INFORMATION FROM STATE MOTOR VEHICLE RECORDS

     ``Sec. 2721. Prohibition on release and use of certain 
       personal information from State motor vehicle records

       ``(a) In General.--Except as provided in subsection (b), a 
     State department of motor vehicles, and any officer, 
     employee, or contractor, thereof, shall not knowingly 
     disclose or otherwise make available to any person or entity 
     personal information about any individual obtained by the 
     department in connection with a motor vehicle record.
       ``(b) Permissible Uses.--Personal information referred to 
     in subsection (a) of this section shall be disclosed for 
     paragraphs (1) and (2) to carry out the purpose of the 
     Automobile Information Disclosure Act, the Motor Vehicle 
     Information and Cost Saving Act, the National Traffic and 
     Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 
     1992, and the Clean Air Act, and may be disclosed for 
     paragraphs (3) through (14), as follows:
       ``(1) For use by any Federal, State, or local agency, 
     including any court or law enforcement agency, in carrying 
     out its functions, or any private person or entity acting on 
     behalf of a Federal, State, or local agency in carrying out 
     its functions.
       ``(2) For use in connection with matters of motor vehicle 
     or driver safety and theft, motor vehicle emissions, motor 
     vehicle product alteration, recall or advisory, and motor 
     vehicle customer satisfaction.
       ``(3) For use in the normal course of business by a 
     legitimate business or its agents, employees, or contractors, 
     but only--
       ``(A) to verify the accuracy of personal information 
     submitted by the individual to the business or its agents, 
     employees, or contractors; and
       ``(B) if such information as so submitted is not correct or 
     is no longer correct, to obtain the correct information, but 
     only for the purposes of preventing fraud by, pursuing legal 
     remedies against, or recovering on a debt or security 
     interest against, the individual.
       ``(4) For use in connection with any civil, criminal, 
     administrative, or arbitral proceeding in any Federal, State, 
     or local court or agency or before any self-regulatory body, 
     including the service of process, investigation in 
     anticipation of litigation, and the execution or enforcement 
     of judgments and orders, or pursuant to an order of a 
     Federal, State, or local court.
       ``(5) For use in research activities, including survey 
     research, and for use in producing statistical reports, 
     provided that the personal information is not published or 
     redisclosed and provided that the personal information is not 
     used to direct solicitations or marketing offers at the 
     individuals whose personal information is disclosed under 
     this paragraph.
       ``(6) For use by any insurer or insurance support 
     organization, or by a self-insured entity, or its agents, 
     employees, or contractors, in connection with claims 
     investigation activities, antifraud activities, rating or 
     underwriting.
       ``(7) For the purpose of providing notice to the owners of 
     towed or impounded vehicles.
       ``(8) For use by any licensed private investigative agency 
     or licensed security service for any purpose permitted under 
     this subsection.
       ``(9) For use by an employer or its agent or insurer to 
     obtain or verify information relating to a holder of a 
     commercial driver's license that is required under the 
     Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 
     2710 et seq.).
       ``(10) For use in connection with the operation of private 
     toll transportation facilities.
       ``(11) For any other purpose in response to requests for 
     individual motor vehicle records if the motor vehicle 
     department has provided in a clear and conspicuous manner to 
     the individual to whom the information pertains an 
     opportunity to prohibit such disclosures.
       ``(12) For bulk distribution for marketing or solicitations 
     if the motor vehicle department has implemented methods and 
     procedures to ensure--
       ``(A) that individuals are provided an opportunity, in a 
     clear and conspicuous manner, to prohibit such disclosure; 
     and
       ``(B) that the information will be used, rented, or sold 
     solely for bulk distribution for marketing and solicitations, 
     and that such solicitations will not be directed at those 
     individuals who have requested in a timely fashion that they 
     not be directed at them.

     `Methods and procedures' includes the motor vehicle 
     department's use of a mail preference list to remove from its 
     records before bulk distribution the names and personal 
     information of those individuals who have requested that 
     solicitations not be directed at them.
       ``(13) For use by any requestor, if the requestor 
     demonstrates it has obtained the written consent of the 
     individual to whom the information pertains.
       ``(14) For any other purpose specifically authorized under 
     the law of the State that holds the record, if such purpose 
     is related to the operation of a motor vehicle or public 
     safety.
       ``(c) Resale or Redisclosure.--Any authorized recipient of 
     personal information may resell or redisclose the information 
     for any use permitted under subsection (b). Any authorized 
     recipient (except a recipient under subsections (b) (11) or 
     (12)) that resells or rediscloses personal information 
     covered by this title must keep for a period of 5 years 
     records identifying each person or entity that receives 
     information and the permitted purpose for which the 
     information will be used.
       ``(d) Waiver Procedures.--A State motor vehicle department 
     may establish and carry out procedures under which the 
     department or its agents, upon receiving a request for 
     personal information that does not fall within one of the 
     exceptions in subsection (b), may mail a copy of the request 
     to the individual about whom the information was requested, 
     informing such individual of the request, together with a 
     statement to the effect that the information will not be 
     released unless the individual waives such individual's right 
     to privacy under this section.

     ``Sec. 2722. Additional unlawful acts

       ``(a) Procurement for Unlawful Purpose.--It shall be 
     unlawful for any person knowingly to obtain or disclose 
     personal information, from a motor vehicle record, for any 
     purpose not permitted under section 2721(b) of this title.
       ``(b) False Representation.--It shall be unlawful for any 
     person to make false representation to obtain any personal 
     information from an individual's motor vehicle record.

     ``Sec. 2723. Criminal penalty

       ``Any person that knowingly violates this chapter shall be 
     fined under this title.

     ``Sec. 2724. Civil action

       ``(a) Cause of Action.--A person who knowingly obtains, 
     discloses or uses personal information, derived from a motor 
     vehicle record, for a purpose not permitted under this 
     chapter shall be liable to the individual to whom the 
     information pertains, who may bring a civil action in a 
     United States district court.
       ``(b) Remedies.--The court may award--
       ``(1) actual damages, but not less than liquidated damages 
     in the amount of $2,500;
       ``(2) punitive damages upon proof of willful or reckless 
     disregard of the law;
       ``(3) reasonable attorneys' fees and other litigation costs 
     reasonably incurred; and
       ``(4) such other preliminary and equitable relief as the 
     court determines to be appropriate.

     ``Sec. 2725. Definitions

       ``As used in this chapter--
       ``(1) the term `motor vehicle record' means any record that 
     pertains to a motor vehicle operator's permit, motor vehicle 
     title, motor vehicle registration, or identification card 
     issued by a department of motor vehicles;
       ``(2) the term `personal information' means information 
     that identifies an individual, including an individual's 
     photograph, social security number, driver identification 
     number, name, address (but not the 5-digit zip code), 
     telephone number, and medical or disability information, but 
     such term does not include information on vehicular 
     accidents, driving violations, and driver's status; and
       ``(3) the term `person' means an individual, organization 
     or entity, but does not include a State or agency thereof.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by adding at the end the following new item:

``123. Prohibition on release and use of certain personal information 
    from State motor vehicle records.........................2271''....

     SEC. 2903. EFFECTIVE DATE.

       This title shall take effect 3 years after the date of 
     enactment. In the interim, personal information covered by 
     this title may be released consistent with State law or 
     practice.
                        TITLE XXX--MISCELLANEOUS
               Subtitle A--Display of Flags at Half Staff

     SEC. 3001. 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.''.
Subtitle B--Sense of Congress With Respect to Violence Against Truckers

     SEC. 3005. 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; and
       (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.
                Subtitle C--Financial Institution Fraud

     SEC. 3011. 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''.
              Subtitle D--Authorization of Appropriations

     SEC. 3016. 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.
        Subtitle E--Conversion of Closed Military Installations

     SEC. 3021. 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 than 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 purpose 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.
           SUBTITLE F--COMMISSION MEMBERSHIP AND APPOINTMENT

     SEC. 3026. 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. 3027. CONFORMING AMENDMENT.

       Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) 
     is repealed.
                 Subtitle G--Explosives Crime Penalties

     SEC. 3031. 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. 3032. THEFT OF EXPLOSIVES.

       Section 844 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(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. 3033. 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. 3034. THEFT OF EXPLOSIVES FROM LICENSEE.

       Section 844 of title 18, United States Code, as amended by 
     section 3032 of this Act, is amended by adding at the end the 
     following:
       ``(l) A person who steals any explosive material from a 
     licensed importer, licensed manufacturer, licensed dealer, or 
     permittee shall be fined under this title, imprisoned not 
     more than 10 years, or both.''.

     SEC. 3035. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

       Section 842(d) of title 18, United States Code, is amended 
     by striking ``licensee'' and inserting ``person''.
                    Subtitle H--Traveler Protection

     SEC. 3041. 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 violence crimes against travelers.''.
            Subtitle I--Study and Report by Attorney General

     SEC. 3046. 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 than 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.
        Subtitle J--Edward Byrne Memorial Formula Grant Program

     SEC. 3048. 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.
Subtitle K--Penalties for Trafficking in Counterfeit Goods and Services

     SEC. 3051. 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''.
              Subtitle L--Military Medals and Decorations

     SEC. 3056. MILITARY MEDALS AND DECORATIONS.

       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 `Congressional Medal 
     of Honor' is a medal awarded under section 3741 of title 
     10.''.
              Subtitle M--Age Discrimination in Employment

     SEC. 3061. 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. 3062. 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.
                Subtitle N--Prison Security Enhancement

     SEC. 3066. PRISON SECURITY.

       (a) In General.--Chapter 303 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4047. Strength-training of prisoners prohibited

       ``The Bureau of Prisons shall take care that--
       ``(1) prisoners under its jurisdiction do not engage in any 
     activities designed to increase their physical strength or 
     their fighting ability; and
       ``(2) that all equipment designed for this purpose be 
     removed from Federal correctional facilities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 303 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``4047. Strength-training of prisoners prohibited.''.
       Subtitle O--Civil Rights of Institutionalized Persons Act

     SEC. 3070. EXHAUSTION REQUIREMENT.

       Section 8 of the Civil Rights of Institutionalized Persons 
     Act (42 U.S.C. 1997e) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``in any action brought'' and inserting 
     ``no action shall be brought'';
       (ii) by striking ``the court shall'' and all that follows 
     through ``require exhaustion of'' and insert ``until''; and
       (iii) by inserting ``are exhausted'' after ``available''; 
     and
       (B) in paragraph (2), by inserting ``or are otherwise fair 
     and effective'' before the period at the end.

     SEC. 3071. FRIVOLOUS ACTIONS.

       Section 8(a) of the Civil Rights of Institutionalized 
     Persons Act (42 U.S.C. 1997e(a)) is amended by adding at the 
     end the following:
       ``(3) The court shall on its own motion or on motion of a 
     party dismiss any action brought pursuant to section 1979 of 
     the Revised Statutes of the United States by an adult 
     convicted of a crime and confined in any jail, prison, or 
     other correctional facility if the court is satisfied that 
     the action fails to state a claim upon which relief can be 
     granted or is frivolous or malicious.

     SEC. 3072. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

       Section 8(b)(2) of the Civil Rights of Institutionalized 
     Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking 
     subparagraph (A) and redesignating subparagraphs (B) through 
     (E) as subparagraphs (A) through (D), respectively.

     SEC. 3073. REVIEW AND CERTIFICATION PROCEDURE CHANGES.

       Section 8(c) of the Civil Rights of Institutionalized 
     Persons Act (42 U.S.C. 1997e(c)) is amended--
       (1) in paragraph (1), by inserting ``or are otherwise fair 
     and effective'' before the period at the end; and
       (2) in paragraph (2), by inserting ``or is no longer fair 
     and effective'' before the period at the end.

     SEC. 3074. PROCEEDINGS IN FORMA PAUPERIS.

       (a) Dismissal.--Section 1915(d) of title 28, United States 
     Code, is amended--
       (1) by inserting ``at any time'' after ``counsel and may''; 
     and
       (2) by striking ``and may'' and inserting ``and shall'';
       (3) by inserting ``fails to state a claim upon which relief 
     may be granted or'' after ``that the action''; and
       (4) by inserting ``even if partial failing fees have been 
     imposed by the court'' before the period.
       (b) Prisoner's Statement of Assets.--Section 1915 of title 
     28, United States Code, is amended by adding at the end the 
     following:
       ``(f) If a prisoner in a correctional institution files an 
     affidavit in accordance with subsection (a) of this section, 
     such prisoner shall include in that affidavit a statement of 
     all assets such prisoner possesses. The court shall make 
     inquiry of the correctional institution in which the prisoner 
     is incarcerated for information available to that institution 
     relating to the extent of the prisoner's assets. The court 
     shall require full or partial payment of filing fees 
     according to the prisoner's ability to pay.''.
                    Subtitle P--Prison Overcrowding

     SEC. 3080. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.

       (a) Amendment of Title 18, United States Code.--Subchapter 
     C of chapter 229 of title 18, United States Code, is amended 
     by adding at the end the following:

     ``Sec. 3626. Appropriate remedies with respect to prison 
       crowding

       ``(a) Requirement of Showing With Respect To the Plaintiff 
     in Particular.--
       ``(1) Holding.--A Federal court shall not hold prison or 
     jail crowding unconstitutional under the eighth amendment 
     except to the extent that an individual plaintiff inmate 
     proves that the crowding causes the infliction of cruel and 
     unusual punishment of that inmate.
       ``(2) Relief.--The relief in a case described in paragraph 
     (1) shall extend no further than necessary to remove the 
     conditions that are causing the cruel and unusual punishment 
     of the plaintiff inmate.
       ``(b) Inmate Population Ceilings.--
       ``(1) Requirement of showing with respect to particular 
     prisoners.--A Federal court shall not place a ceiling on the 
     inmate population of any Federal, State, or local detention 
     facility as an equitable remedial measure for conditions that 
     violate the eighth amendment unless crowding is inflicting 
     cruel and unusual punishment on particular identified 
     prisoners.
       ``(2) Rule of construction.--Paragraph (1) of this 
     subsection shall not be construed to have any effect on 
     Federal judicial power to issue equitable relief other than 
     that described in paragraph (1) of this subsection, including 
     the requirement of improved medical or health care and the 
     imposition of civil contempt fines or damages, where such 
     relief is appropriate.
       ``(c) Periodic Reopening.--Each Federal court order or 
     consent decree seeking to remedy an eighth amendment 
     violation shall be reopened at the behest of a defendant for 
     recommended modification at a minimum of 2-year intervals.''.
       (b) Application of Amendment.--Section 3626 of title 18, 
     United States Code, as added by subsection a, shall apply to 
     all outstanding court orders on the date of enactment of this 
     Act. Any State or municipality shall be entitled to seek 
     modification of any outstanding eighth amendment decree 
     pursuant to that section.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of subchapter C of chapter 229 of title 18, United 
     States Code, is amended by adding at the end the following 
     new item:

``3626. Appropriate remedies with respect to prison crowding.''.

       (d) Sunset Provision.--This section and the amendments made 
     by this section are repealed effective as of the date that is 
     5 years after the date of enactment of this Act.
    Subtitle Q--Sense of Congress With Respect to Child Pornography

     SEC. 3083. CHILD PORNOGRAPHY.

       (a) Findings.--Congress finds that--
       (1) child pornography is the permanent record of the sexual 
     abuse or exploitation of children;
       (2) children who are victims of child pornography often 
     suffer severe physical and emotional harm;
       (3) child pornography is a serious national problem;
       (4) the Congress of the United States has a compelling 
     interest in the protection of children from sexual abuse and 
     exploitation by pornography (see New York v. Ferber, 458 U.S. 
     747 (1982));
       (5) the Congress of the United States, in pursuit of this 
     compelling interest, has taken every opportunity to 
     strengthen child pornography laws and has, in clear and 
     unambiguous language, criminalized the production, interstate 
     distribution, receipt and possession of child pornography;
       (6) the United States Department of Justice in its brief to 
     the United States Supreme Court in the case of Knox v. United 
     States, 92-1183, has failed to support the conviction of a 
     child pornographer won by the Department in the United States 
     District Court for the Middle District of Pennsylvania and 
     affirmed on appeal in the United States Court of Appeals for 
     the Third Circuit;
       (7) the Department of Justice has used its brief in the 
     Knox case as a vehicle for reinterpretation of the Federal 
     child pornography laws in contravention to legislative 
     history and past prosecution practices of the Department of 
     Justice;
       (8) the Department of Justice by declaring in its brief in 
     the Knox case that a pornographer who lasciviously exhibits 
     the genitals of children is prosecutable within the Federal 
     child pornography laws only if the depictions show a minor 
     engaged in the conduct of lasciviously exhibiting his or her 
     genitals or pubic area, creates a federally protected class 
     of child pornography; for example, child pornography 
     involving children who are not knowingly engaged in 
     lasciviously exhibiting their genitals or pubic areas but 
     whose genitals or pubic areas are nonetheless lasciviously 
     depicted by others;
       (9) the Department of Justice by declaring in its brief in 
     the Knox case in contravention to legislative history, that a 
     pornographer who lasciviously exhibits the genital or pubic 
     area of children is prosecutable within the Federal child 
     pornography laws only if the genitals are nude or visible 
     creates a federally protected class of child pornography, 
     e.g. depictions which focus on a minor child's clothed 
     genital or pubic area with the obvious intent of eliciting a 
     sexual response in pedophiles;
       (10) the plan meaning and congressional intent of the 
     language in section 2256 of title 18, United States Code, is 
     that the term ``lascivious exhibition'' refers to whether the 
     depiction is intended to elicit a sexual response from the 
     viewer, and not to the actions of the child;
       (11) the Department of Justice has employed this meaning of 
     the term ``lascivious exhibition'' since it was included in 
     the laws in 1984, and Congress has not changed the meaning of 
     the term;
       (12) Congress specifically repudiated a ``nudity'' 
     requirement for child pornography statutes (see United States 
     v. Knox, 977 F. 2d 815, at 820-823, (3rd Cir., 1992));
       (13) the ``harm Congress attempted to eradicate by enacting 
     child pornography laws is present when a photographer 
     unnaturally focuses on a minor child's clothed genital area 
     with the obvious intent to produce an image sexually arousing 
     to pedophiles.'' (see Knox at 822); and
       (14) the Congress of the United States believes that the 
     reinterpretation of the Federal child pornography laws by 
     Department of Justice, unless reversed, will bring back 
     commercial child pornography and lead to a substantial 
     increase of sexual exploitation of children.
       (b) Sense of Congress.--It is the sense of the House of 
     Representatives that the Department of Justice repudiate its 
     reinterpretation of Federal child pornography laws, defend 
     the conviction won in lower courts in the Knox case, and 
     vigorously prosecute sexual exploitation of children.
                     Subtitle R--Labels on Products

     SEC. 3086. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.

       (a) Requirements for Use of Labels.--No product may bear a 
     label which states or suggests that the product was made in 
     America unless--
       (1) the product has been registered with the Department of 
     Commerce under subsection (b); and
       (2) the Secretary of Commerce has determined that--
       (A) 60 percent of the product was manufactured in the 
     United States; and
       (B) final assembly of the product took place in the United 
     States.
       (b) Registry of American-Made Products.--Not later than 12 
     months after the Secretary has promulgated regulations 
     regarding the registration of products with the Department of 
     Commerce under this section, a person shall register with the 
     Department of Commerce any product on which there is or will 
     be affixed a label which states or suggests that the product 
     was made in America.
       (c) Penalties for Fraudulent Use of Labels.--
       (1) Civil fine.--Any person who, with an intent to defraud 
     or mislead, places on a product a label which states or 
     suggests that the product was ``made in America'' in 
     violation of this section may be assessed a civil penalty by 
     the Secretary of not more than $100,000. The Secretary may 
     issue an order assessing such civil penalty only after notice 
     and an opportunity for an agency hearing on the record. The 
     validity of such order may not be reviewed in an action to 
     collect such civil penalty.
       (2) Injunctive relief.--The Secretary may bring an action 
     to enjoin the violation of, or to compel compliance with, 
     this section, whenever the Secretary believes that such a 
     violation has occurred or is about to occur.
       (d) Regulations.--Not later than 12 months after the date 
     of the enactment of this Act, the Secretary shall promulgate 
     regulations establishing procedures under which a person 
     shall register a product under this section.
       (e) Definitions.--For purposes of this section:
       (1) Label.--The term ``label'' means any written, printed, 
     or graphic matter on, or attached to, a product or any of its 
     containers or wrappers.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       Subtitle S--Awards of Pell Grants to Prisoners Prohibited

     SEC. 3089. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.

       Section 401(b)(8) of the Higher Education Act of 1965 (20 
     U.S.C. 1070a(b)(8)) is amended to read as follows:
       ``(8) No basic grant shall be awarded under this subpart to 
     any individual who is incarcerated in any Federal or State 
     penal institution.''.

     SEC. 3090. EFFECTIVE DATE.

       The amendment made by this Act shall apply with respect to 
     periods of enrollment beginning on or after the date of 
     enactment of this Act.
                   Subtitle T--Cocaine Penalty Study

     SEC. 3092. COCAINE PENALTY STUDY.

       Not later than December 31, 1994, the United States 
     Sentencing Commission shall submit a report to the Congress 
     on issues relating to sentences applicable to offenses 
     involving the possession or distribution of all forms of 
     cocaine. The report shall address the different penalty 
     levels which apply to different forms of cocaine, and include 
     any recommendations the Commission may have for retention or 
     modification of these differences in penalties.
                   Subtitle U--Inmate Rehabilitation

     SEC. 3095. EDUCATION REQUIREMENT FOR EARLY RELEASE.

       Section 3624(b) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``behavior.--'';
       (2) by striking ``Such credit toward service of sentence 
     vests at the time that it is received. Credit that has vested 
     may not later be withdrawn, and credit that has not been 
     earned may not later be granted.'' and inserting ``Credit 
     that has not been earned may not later be granted.''; and
       (3) by adding at the end the following:
       ``(2) Credit toward a prisoner's service of sentence shall 
     not be vested unless the prisoner has earned a high school 
     diploma or an equivalent degree.
       ``(3) The Attorney General shall ensure that the Bureau of 
     Prisons has in effect an optional General Educational 
     Development program for inmates who have not earned a high 
     school diploma or its equivalent.
       ``(4) Exemptions to the General Educational Development 
     requirement may be made as deemed necessary by the Director 
     of the Federal Bureau of Prisons.''.
  Mr. BIDEN. Mr. President, it is my understanding for the benefit of 
the Members that several of our colleagues on the Republican side and 
possibly one or two on the Democratic side have motions to instruct the 
Senate conferees relative to the Senate-passed crime bill which we are 
going to take to conference.
  We could, if we decided to do this, spend days debating all the 
motions I am told that have been at least talked about being offered. 
In fact, if we want to, we can spend weeks before we got to it.
  I think we have gotten to the point now where we have pretty well 
narrowed down exactly what instructions are going to be offered as 
amendments to the appointment of conferees by our colleagues. And I 
want to just state at the outset, and I will speak to this a little 
more later, it is not my intention to spend a lot of time debating it. 
I will not move to table them, but I will make brief explanations as to 
why I disagree with some and agree with others. I would implore my 
colleagues who have these motions to present them in as succinct a 
fashion as they can. They are instructive. They are instructive, not 
dispositive.
  I cannot guarantee nor can anyone else what a House-Senate conference 
will be guaranteed to produce in order to bring back a conference 
report, but obviously, as the chairman of the committee and as the 
Senate leader in the conference, I will listen and pursue the 
instructions of the Senate as given to me based upon what may be added 
as instructions.
  I see two of my colleagues on the floor. I do not know if they have 
any amendments. But I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware yields the floor.
  The Chair recognizes the Republican leader.
  Mr. DOLE. Mr. President, I underscore what the Senator from Delaware 
has said. I do not think we want to redebate the whole crime bill 
again. I assume we will have an opportunity to do that even during the 
conference.
  I think that there are hopefully not many but a few areas where 
people on either side of the aisle feel strongly and have some 
instruction to the conferees. I think the first will be the Senator 
from New Mexico.
  We would like to proceed, as the Senator outlined, on a fairly 
orderly basis and complete the debate without hours and hours of 
debate, and if there are any votes requested I guess they have been set 
aside to some time later today--I understand at 6:30 p.m.--because of 
certain hearings.
  Mr. BIDEN. Mr. President, I say to the Republican leader that is my 
understanding. The votes are to be stacked if there are votes.
  I am prepared to accept some of these as well. My mutual experience 
is most colleagues will want to demonstrate to the folks that the 
majority of the Senate wants to agree with their position, and that is 
their right, and I expect it will happen.
  Mr. DOLE. Just so we do not have too many.
  Mr. BIDEN. I am with you.
  Mr. DOMENICI addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from New 
Mexico [Mr. Domenici].


                      Motion to Instruct Conferees

  Mr. DOMENICI. Mr. President, I am going to send a motion to instruct 
to the desk, which we will debate for just a few moments. I will read 
it because it is very short.

       I move that the conferees on behalf of the Senate on H.R. 
     3355 be instructed to insist on the Senate position with 
     regard to section 213 of the Senate amendment authorizing the 
     death penalty for gun murders during Federal crimes of 
     violence and drug trafficking crimes.

  I believe it is self-explanatory. There is much being said about the 
growing use of handguns in this country. Obviously, while some violent 
crime is coming down, violent crime that is being committed with the 
use of guns is going up and going up dramatically. And, obviously, 
teenagers, youngsters, using guns to commit murder and violent crime is 
going up even more dramatically.
  I believe that we are going to change the law of the land nationally 
for national offenses to reimpose the death penalty for a number of 
those. I believe this one stands out as one that we clearly should 
include among those kinds of crimes that can produce the death penalty 
for the individual man or woman that commits such a crime.
  Sixty percent of the murders committed in my State were committed by 
criminals using guns; 89 murders, 59 of them committed with a gun; 23 
percent of aggravated assaults in my State were committed with a gun in 
1992. Those who commit murder in the course of violations of Federal 
criminal law must face the penalty of death, and that is what this 
instruction is all about.
  I understand the distinguished chairman, who is going to undertake 
this rather enormous job of bringing some common ground to the House 
bill and the Senate bill, is prepared to indicate that this provision 
which was put into the crime bill by the Senator from New York, also 
ought to be retained in conference and is willing to accept my motion 
to instruct.
  Mr. BIDEN. If the Senator will yield, I am delighted to accept the 
motion to instruct for several reasons. I will not be able to say this 
on some of the other motions that are likely to come forward.
  No. 1, this is one I can almost assure the Senator I can deliver on 
in that chaotic conference that is about to take place, because the 
House has in their bill, section 707, literally the same as the section 
in the Senate bill sponsored by the Senator from New Mexico. The only 
difference is, we say ``a person who'' and they say ``whoever.'' So it 
is the same exact language. We will not have any disagreement on that 
score.
  More important, I think the Senator is substantively correct here. He 
has refrained from doing something that a lot of my Republican and 
Democratic colleagues have not refrained from, and that is crossing 
over the line between Federal and State jurisdictions here. What this 
does is, it says if you are guilty of committing a crime that results 
in the death of an individual through the use of a gun, you are 
eligible for the death penalty, assuming it is a Federal crime.
  So on all scores, substantively, procedurally, and practically, I can 
assure the Senator I will strongly--I now support his motion and in the 
conference I will insist upon it remaining in.
  I do not know whether he has a real preference for ``a person who,'' 
or ``whoever,'' but giving me that leeway to deal with it I can almost 
assure him we will bring back a conference report with the substance of 
that provision in.
  Mr. DOMENICI. We can perhaps even come up with another word that is 
neither of those and do the job. You can do that.
  Mr. BIDEN. Mr. President, I do not think that is going to be the big 
problem. As a matter of fact, I hope there will be no problem here, and 
I compliment the Senator on his amendment. I do not know whether or not 
he will let me accept it, and accept it by voice vote, or whether he 
wants to have a vote and stack it until later. That is his preference. 
But I assure him not only am I for it, but I am likely to be able to 
deliver because it is in both bills.
  Mr. DOMENICI. Let me just correct a bit of the Record. Senator 
D'Amato and I introduced a number of amendments on guns. This one in 
its exact language is not one I did. I should correct that. I supported 
Senator Hatch in this amendment, as he supported us in ours.
  Mr. BIDEN. Mr. President, I am not sure it is particularly relevant, 
but in the original bill I introduced, the so-called Biden bill, the 
exact language was in the bill. I know, though, the Senator from New 
Mexico has been the champion of this position and I do not claim credit 
for the idea. Many of the ideas in the original bill that I introduced 
are those of the Senator from New Mexico and others. My point is, the 
original bill I introduced contained this. I am for it. The 
administration has signed off on it. Everyone seems to be for it.
  I understand the concern of the Senator. It would not be unlikely--
getting into conference, things everybody seems to be for do not come 
back in a conference report. But this one will come back in the 
conference report. It is totally up to the Senator from New Mexico. He 
has managed many--and many controversial bills on this floor, as I 
have. He understands the process as well or better than anyone in the 
place.
  If he insists on a vote later, that is fine with me. But I would just 
as soon us accept it and assure him it will come back.
  Mr. DOMENICI. Let us accept it.
  The PRESIDING OFFICER. Is there further debate on the motion? The 
question occurs on the motion of the Senator from New Mexico [Mr. 
Domenici], to instruct conferees.
  The motion was agreed to.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Mr. BIDEN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DOMENICI addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. DOMENICI. Mr. President, first I thank the distinguished chairman 
for his kind remarks. I want to take just a couple of minutes.
  Early in the debate, as the distinguished chairman was talking a 
measure the President wants for more local law enforcement, called 
community policing, I walked onto the floor to talk about where are we 
going to get the money. I would like to say this morning it comes as no 
shock to this Senator that the front page story on the Washington Post 
is, Caps [CAPS] Begin To Pinch, wondering whether, even for the new 
domestic program for increased help for Head Start, there is going to 
be enough money for it.
  I would like to talk a little bit about whether there is going to be 
enough money for all the provisions in the House bill which has kind of 
one-upped the Senate in terms of how much money they want to spend. In 
terms of prevention programs, clearly we had a number of them and some 
were very good. The House bill has raised the expectation that we can 
do two or three prevention programs, Mr. Chairman, some of which cost 
as much as $1.5 billion a year.
  Mr. BIDEN. If the Senator will yield on that point, I concur with his 
concern. I do not mean to interrupt him. But they also upped the ante 
about $8 billion on prisons as well.
  Mr. DOMENICI. You got it.
  Mr. BIDEN. That is a gigantic chunk--excuse me, let me be precise, $7 
billion; up the ante on that.
  So he is correct, we are going to have our work cut out for us as to 
how we accommodate these major issues which, at the end of the day, I 
might say, when we finish all these instructions, I am going to have a 
single instruction relative to what I consider to be the main big 
chunks of this crime bill.
  I apologize for interrupting but I just want to make the point I 
concur with the concern of the Senator.
  Mr. DOMENICI. Let me complete the thought, because I happen to have 
either fortunately or unfortunately, the assignment this year, being 
the ranking Republican of the Commerce, State, Justice Appropriations 
Subcommittee along with Chairman Fritz Hollings. That is the 
subcommittee that is going to pay for most of what the U.S. Government 
does in crime and most of the new programs, if we can afford any, that 
are contemplated by the very, very extensive debate at the national 
level, and maybe I should say extensive amount of rhetoric about the 
Federal Government's role in all the local crime that is occurring out 
there.
  I want to put some numbers on the table and talk about the difficulty 
of funding programs. First of all, the House bill does not, nor do the 
allocations in the appropriations process, necessarily adopt the 
position that Senator Byrd took on the floor, with the help of Senator 
Gramm of Texas, where a trust fund was set up. It was a unique process 
in the appropriations and budgeting process, where $22 billion was set 
aside in a trust fund. And it was the savings that were going to come 
from the full-time equivalent reduction in the President's reinventing 
Government program, that money was going to then be used only for--and 
I think the language is, I paraphrase--``for programs in the crime 
bill.''
  So we will all get our bearings straight, if that were to occur--and 
I understand it is not in the House bill--there will be an instruction 
down here by one of the Senators to ask that it be included. But let me 
give a couple of numbers.
  In the year 1995, the year everybody thinks we are going to start 
down the path of paying for a whole lot of these new programs, that 
entire trust fund is $700 million in outlays for the whole year of 
1995. You see we are talking about terms of $1.5 billion here, and $1 
billion there and $700 million there and maybe a billion to pay for 
prisons. I am not even arguing with the chairman--maybe that is what is 
in there. I do not know how much there is on prevention now, it might 
be more than $8 billion. Anyway, we have $2.4 billion in program 
authority and $700 million in outlays for everything, for the entire 
year of 1995.
  I really believe expectations are so high about what we are going to 
be able to afford, I thought it was time just once again to come to the 
floor, as I did that day, and say: Where is the money going to come 
from? Everybody understands the President's favorite program is to add 
more local policemen, local cops, community policemen. Frankly, that is 
a very big program. If it were funded to the tune of 100,000 policemen, 
my recollection is that alone would cost about $1.7 billion, just to 
put it in perspective.
  Frankly, I do not think we are going to be able to do that. We are 
not going to be able to pay for it. But I want to add a couple of other 
caveats.
  The American people are coming to a very, very rational conclusion 
and it is, just how much does the Federal Government have to do with 
crime in our neighborhoods? Just how much of this crime bill is going 
to stop the murders in the Northeast Heights of Albuquerque or in one 
of your main cities where perhaps you have gangs, I say to the 
chairman, like we do. They are beginning to say, ``Well, we understand 
that most of that kind of crime is not even within the purview of what 
the Federal Government is doing in crime.'' They are more worried about 
how we are going to help the local district attorney and the local 
district courts and the penal system locally, which is overcrowded, and 
perhaps the local effort in the schools on gangs and the like.
  So while we are concerned about new expenditures of money, let me 
say, there are three things the Federal Government does that we ought 
to support fully; and that is, for one, the Federal Bureau of 
Investigation. We ought to fund them fully. The President's budget cuts 
the FBI and, for the second year in a row, has no new FBI agents. 
Obviously, the committee and the Congress are probably going to fund 
the FBI, and that means some of this new money is going to go there.
  Second, and I think the distinguished chairman is aware of this, one 
of the best programs around is the Byrne Grant Program--named after a 
law enforcement officer in New York, as I recall. The good thing about 
that program is that it helps local law enforcement. All of it goes 
into grants to the cities and States to help with local law 
enforcement.
  I cannot understand how the President of the United States cut that 
more than in half in his budget. Clearly, it would be very, very 
hypocritical on our part to talk about new programs and not fund the 
Byrne Grant Program. The President has now, I think, asked that we put 
back $125 million of those cuts. It does not bring it all the way to 
where it ought to be. But the point I am making is, before we spend 
money on some new programs, the people have properly expected that we 
ought to do more to help local governments, local law enforcement, in 
their dilemma of the day, which is enormous.
  I believe that means you have to keep the Byrne Grant Program, which 
helps them immensely--not cut it, and that has nothing to do with this 
bill; that has to do with the bill that came out of the Judiciary 
Committee years ago, which I assume the distinguished chairman had 
something to do with, and it is a very, very good bill.
  The other program or activity, the Drug Enforcement Administration, 
has become very modern. It has been built into a very good partner to 
the FBI. Instead of drugs going down, drug usage is going up. Instead 
of heroin leaving the scene, it is back on the scene; everybody knows 
it, and it is becoming the drug of choice for many. The President cuts 
the DEA in his basic budget. We are not going to be able to do that. We 
are going to have to spend some of this money that we have nationally 
for crime to just continue to do the things that we have been doing 
that are working well that need more, not less, resources.
  Why did I bring that up? The President's budget for the Commerce, 
Justice, and State Subcommittee has $400 million in fees that we are 
supposed to spend for crime programs and the like. But the truth of the 
matter is, nobody is going to impose those fees. So there is $400 
million that we do not have to spend as we attempt to put some reality 
into how much money we will have.
  So I chose these few moments to say that we ought to put the trust 
fund in. But even if we do, clearly, that is not going to permit us to 
fund the programs that we have been talking about with such assurance 
in terms of how we are going to put these in and help the American 
people and help crime prevention at the local level.
  I know the chairman is fully aware of this. This is in no way 
intended to discount or diminish the very good provisions, some of 
which are contentious--some Republicans want more than the Democrats 
and vice versa--but many of these things in the crime bill ought to 
become law.
  Just to recap, to close up on what the President asked for in new 
money that could come from the trust fund, it is $2.4 billion in new 
budget authority. The President asked for $700 million in new outlays, 
$2.4 billion in budget authority, and those now are rather consistent 
with what the trust fund will produce if we get it. I think it is 
pretty obvious that is not going to pay for all the programs everybody 
has been talking about.
  I yield the floor.
  Mr. BIDEN addressed the Chair.
  The PRESIDING OFFICER (Mr. Dorgan). The Chair recognizes Senator 
Biden.
  Mr. BIDEN. Mr. President, I want to thank the ranking member of the 
Budget Committee for his comments about the cost of these programs. 
That is one of the things I am going to have to be coming back to the 
floor with during the debate on some of the instructions, to remind my 
colleagues.
  There are certain things that are obvious, it seems to me. One is 
that there will be a trust fund in this legislation. Not only have I 
received assurance personally from the Speaker of the House and the 
chairman of the Judiciary Committee that they will support the 
establishment of such a fund, but I ask unanimous consent that the 
House Congressional Record of March 23, 1994, page H1944, be printed in 
the Record.
  The bottom line is, both Congressman Brooks and the Speaker of the 
House say they will intend to support the adoption of a trust fund in 
conference and fully expect that such a fund will be included in the 
conference report accompanying the crime bill when it comes back to 
both Houses.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Mr. BROOKS. Mr. Speaker, I believe that a carefully crafted 
     trust fund represents the most viable means of financing the 
     thoughtful and innovative crime control and prevention 
     initiative included in H.R. 4092. I therefore intend to 
     support the adoption of a trust fund in conference and fully 
     expect that such a fund will be included in the conference 
     report on the crime bill when we go to conference.

  Mr. BIDEN. Mr. President, again, without debating all of the detail 
or discussing all of the detail, because there is not much of a debate 
between the Senator from New Mexico and myself, the President is on 
target in terms of $2.43 billion in budget authority and $700 million 
in outlays for fiscal year 1995. But that should make it clear to 
everyone what I have been saying since last October; and that is that 
we are going to end up having to push out some of these programs.
  First of all, some will not spend out very quickly. In the States of 
North Dakota, South Dakota, Iowa, Delaware, New Hampshire--wherever--
when the police money comes for community policing, it is going to take 
time. We will authorize that each State will get x amount of dollars 
and compete for the rest, but it is going to take time for these folks 
to get trained, on the payroll, and for spendout to occur.
  We are going to have to be in the situation where we are going to 
have to be thoughtful and precise about how we reconcile the total 
dollars we spend, the access of real dollars for the trust fund, and 
the spendout rate at which all of this occurs.
  I predict we will come back with a conference report that 
contemplates a 6th year, although we cannot guarantee that we will have 
that language, it will be part of the thrust--we can only go for 5 
years--there will be the use of somewhere--I am guessing--between $3 
and $7 billion of the savings that will occur from the reduction in the 
number of bureaucrats that work for the Federal Government 6 years out. 
That savings will amount to $10 billion, roughly. Part of that will 
have to be taken to fund the crime bill we bring back to the Senate.
  So the Senator is right to once again, as I have been doing all along 
here, sound the alarm that whatever we bring back here has to be real 
dollars.
  I have been involved with this process, being the primary author of I 
think every major crime bill that has come out of this institution, on 
the Senate side at least, for the last decade, and one of the things my 
colleagues are probably tired of hearing me say, my greatest criticism 
of this place, the Congress, and Washington generally, is it 
overpromises, it overpromises. And then when the promises cannot be 
kept, and we know darned well they cannot be kept, what happens is the 
public is further disillusioned about their Government.
  I wish to make a couple of broad points, especially while we are 
waiting for others to come in and introduce amendments. No. 1, this is 
the most significant crime bill, House or Senate version, or whatever 
we come back with from conference, ever to have been introduced, the 
most innovative, the most well rounded, and the most balanced, the 
toughest at all once. I do not think anyone denies that. But it will 
not stop crime in our time.
  All these folks who stand up and talk about this war on crime; we are 
going to end crime; we are going to end this, we are going to end 
violence; this will not do it. The Lord Almighty could come down and 
sit in this seat, draft us a crime bill that He brought from Heaven, or 
She brought from Heaven--sit there, write it, and could not stop crime 
in our time except through divine intervention.
  A crime bill will not do that. I have said from the outset, and I 
wish to reiterate to everyone, once we pass this bill, which will be a 
major achievement, when we all go back home and talk about this bill, 
it is one of at least four constituent parts of what is necessary to be 
done to deal with violence in America.
  Mr. DOMENICI. Will the Chairman yield?
  Mr. BIDEN. Surely.
  Mr. DOMENICI. I just wanted to say, would the Senator not agree the 
Lord does not have to come down here; if we just kind of all decided to 
do what the Lord told us to do, we would not have any crime?
  Mr. BIDEN. I think that is correct, Mr. President. The problem is the 
Lord speaks in many tongues, based on the verbal utterances I hear from 
my colleagues. Some I feel are less enlightened by the Lord than others 
based on what they say. And so I have great difficulty.
  I have no doubt the Lord speaks to me and the Senator from New 
Mexico. I am not sure who the devil is speaking to some of these other 
folks in the Chamber.
  Mr. DOMENICI. Did the Senator say the Devil?
  Mr. BIDEN. I said I am not sure who in the devil is speaking. Let me 
be precise. I am not suggesting anyone in the Senate is spoken to by 
the Devil. I am just suggesting I do not know who is speaking to them. 
But based on their utterances, I doubt it is the Lord. I doubt the Lord 
comes down and says, ``Keep those assault weapons; we need them.'' I do 
not think He or She says things like that. But who knows.
  The point I wish to make here is important and serious. This crime 
bill, although I take great pride in actually authoring the bulk of 
this crime bill--the bill that was offered here I wrote in my own 
little hands with nobody's help--a lot of other people's ideas were put 
in this bill. It is the basic core of everything that passed both 
Houses. I am very proud of that. I have worked in this area for 14 
years. I think I know a lot about it. I would be presumptuous to say I 
know as much about crime and violence, the judicial system, and the 
Constitution as anybody in this body, but I wish to hasten to add I 
also know that this crime bill will not stop crime. I also know this 
crime bill will not end violence in our time.
  We have a fundamental structural problem in this Nation that has to 
do with everything from what my friend from Iowa spoke to earlier this 
morning, from illegitimacy rates to the lack of a sense of personal 
responsibility adopted by wealthy as well as poor, black as well as 
white, Latino as well as Asian-Americans.
  We have a serious problem. One of the things that is not even 
addressed in this bill, as the Senator from New Mexico knows because he 
is the fellow across whose desk on the Budget Committee all of these 
macrobudget issues arrive--we are spending over $12 billion a year on 
the drug enforcement problem in America. Now, we are only talking 
about, in terms of budget authority, $2.4 billion for this gigantic 
crime bill in 1995.
  Yet, at the same time, we are going to be spending, if we continue 
what we have been doing, over $12 billion on drugs. The President has a 
major new initiative as to how and which to deal with the drug problem 
in America. If we pass the crime bill, and we do not deal with the drug 
problem, we will make progress but not nearly the progress we will make 
if we have a more enlightened policy on our national drug program.
  Third, if we do not deal--I say to my friend from New Mexico, I am 
getting worried; I am complimenting him so much I may hurt his 
reputation back home. But my friend from New Mexico has been one of the 
leaders in dealing with issues that relate to everything from welfare 
reform straight through to deprived children and at-risk children in 
terms of everything from early education, to nutrition, to just 
literally learning how to interact in a familiar relationship. If we do 
not deal with those issues as well, we can do everything right on the 
crime bill, everything right on a drug policy, and still not deal with 
the concerns of the people in this Chamber and all whom they love, and 
that is their physical safety when they walk out of their house, in 
their house.
  For example, the domestic violence provision in this bill, of which I 
am proudest--I have never worked harder on anything in my life, and I 
must acknowledge I have never been more emotionally attached to 
something in which I have engaged. I take great pride in coming up with 
an approach that is unique to dealing with violence against women in 
America. It is brand new.
  But I want to tell you something. Most of the women in America who 
are victimized are not victimized by people out on the street, are not 
victimized or beat up by some stranger who leaps out of an alley from 
behind a trash can and takes their purse or rapes them or beats them. 
They are beaten up by people who love them, supposedly, with whom they 
live. More than half the women who appear in emergency rooms this 
afternoon, tonight, and tomorrow morning will be there at the hand of a 
man with whom they live or have lived.
  Now, you can pass all the crime bills in the world, but we must start 
to educate our children to tell them that no man has a right to touch a 
woman, or anyone for that matter, without their consent. We can pass 
all the crime bills in the world. Because one of the things we have 
found, you have to effect attitudes to affect outcomes.
  So I wish to emphasize there will be plenty of time to deal with 
this. I plead with my colleagues, Democrat and Republican--and we have 
had overwhelming consensus here. You will not think that after we 
finish debate for the next 4 hours because the stuff we are going to 
debate is all things on the margins. This bill is over 900 pages long. 
We are going to debate today about 30 pages of that--the least 
important, I might add. But there is overwhelming consensus. 
Conservatives voted for the initiatives of Senators Domenici and 
Danforth and Biden and Dodd and--I am leaving people out--Bradley and 
Leahy on prevention money. The conservatives voted for that. I do not 
remember that occurring in the 22 years I have been here.
  Conversely, the liberals voted for the provisions in my bill adding 
for 100,000 cops, the provisions emboldened by my Republican friends 
for more money for prisons, provisions in the bill calling for stiffer 
penalties. The liberals voted for them. That has not happened here 
before, I say to you, Mr. President.
  So there is a real sea change that has taken place and a real 
fundamental understanding, to use an old expression, we can and must 
walk and chew gum at the same time. We must enhance penalties, increase 
enforcement, and simultaneously deal with prevention and intervention 
before a crime occurs.
  But this bill, the Biden crime bill as introduced, and then later as 
amended, is not the horse to carry the whole sleigh, as my mother would 
say. You need at least three more horses. You need a national drug 
policy. You need a change in attitude where we intervene to save 
children. You heard the statistics. Over 30 percent of the children 
born in America last year were born out of wedlock. Never in all 
probability will they have a man darken their doorway to help raise 
them. That is a big problem.
  So we have to change that. We cannot legislate that. We can help it.
  But again, I see my friend from North Dakota is here and has an 
important instruction he wishes to convince the chairman to go along 
with. If he does not convince the chairman of the committee, that is 
me, then he is going to get the votes to go along with it. So I am 
probably going to be convinced.
  So I will refrain from further discussion on this issue. I will come 
back at a later time to speak to two other issues raised by my friend 
from New Mexico; and, that is, how can the President justify certain 
cuts at the same time calling for increased spending? I think there is 
a consistency to that.
  But I will also tell him on the Byrd grants that I can assure the 
Senator that as a member of the Appropriations Committee he is going to 
get a bill coming out of the Judiciary Committee with the Byrd grants 
saved. But that is a different issue.
  I am delighted to yield the floor for my friend.
  I yield the floor.
  Mr. CONRAD addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DOMENICI. Will the Senator let me correct the record?
  Mr. CONRAD. I am pleased to do that.
  Mr. DOMENICI. I thank the Senator very much.
  Mr. President, when I was discussing the trust fund and the 
President's new initiatives, I did not quite put it in the right 
perspective. So let me just go through two things.
  The trust fund that was set up on the floor of the Senate would take 
the savings from the reduction of, as the Senator put it, the 
bureaucracy. That trust fund had two numbers in it. One was $2.4 
billion in new program authority and $2.3 billion in outlays.
  The President used the 2.4 number in program authority and said, 
``Now, programs that I want to put in, how much will they cost?'' It 
turned out that they will only cost $700 million in outlays. In other 
words, the program would be spread out more.
  So obviously, we have a trust fund that is going to have $2.4 billion 
in budget authority and $2.3 billion in outlays. That seems to be 
somewhat of a mismatch in terms of program actual cost versus outlays.
  The last observation: Everyone should know that in the House the 
moneys have already been allocated to the various committees in the 
602(b) allocation. That is where the whole pot is divided up. I do not 
note that any of this trust fund money has been allocated. I do not 
know what that means. Does it mean it will not be, if we pass this law, 
or does it mean we will go back and redo it if we pass the law?
  I am reminding everyone that if in fact we go back and reallocate and 
say, well, we have to put this aside and have it for just crime, then 
the rest of the Government has to be cut because they have to take it 
out of their allocations because the sum total of it all cannot exceed 
the amount for the year.
  So that is another problem that will cause some concern and to some 
extent limit what we have to spend.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.


                      Motion To Instruct Conferees

  Mr. CONRAD. Mr. President, I send a motion to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       Mr. Senator from North Dakota [Mr. Conrad], for himself, 
     Mr. Mack, Mr. Gramm, and Mr. Domenici, moves that 
     the conferees on the part of the Senate on the disagreeing 
     votes of the two Houses on the crime bill, H.R. 3355, be 
     instructed to insist that the committee of conference 
     report a conference substitute that--
       (1) includes a provision in the program providing Federal 
     funds for State prisons that sets conditions on a State's 
     eligibility to participate in the program in definite terms, 
     comparable to those contained in section 1341(d) of H.R. 
     3355, as passed by the Senate, and in particular includes a 
     condition that a State provide for truth in sentencing by 
     requiring that violent felons serve at least 85 percent of 
     the prison time imposed; and
       (2) does not include indefinite conditions such as those 
     contained in titles VI and VIII of H.R. 3355, as passed by 
     the House of Representatives.

  Mr. CONRAD. Mr. President, the motion that I have sent to the desk in 
behalf of Senator Mack and myself is a motion to instruct the 
conference committee on the crime bill. The motion very simply directs 
the conferees to report a bill that includes the Senate provision 
saying that States must require violent felons to serve at least 85 
percent of their sentence if States want to qualify for the Federal 
assistance for prisons.
  Mr. President, many of us believe this is just fundamental to 
starting a successful war on crime in this country. We know that 
violence is escalating in this country. It has reached epidemic 
proportions. It is holding people hostage in their own homes, and it is 
time to do something serious about it.
  Mr. President, within blocks of where we are meeting today, we can 
see the results of the crime wave. Within blocks of where we are 
meeting today, we have seen violent crime after violent crime after 
violent crime just in this year. Just days ago we had a man five blocks 
from this Capitol at 11 o'clock at night at a convenience store 
attacked brutally. I do not know if he survived that attack or if he 
died. But it is one more example of lawlessness and violence that can 
no longer be tolerated.
  Mr. President, in this year, we have had a 12-year-old girl raped at 
7 o'clock in the morning within 6 blocks of this Capitol building. We 
have had within four blocks of this building a man found strangled in 
the basement. Within 1 year, of today, we have had a Senate aide 
murdered; we have had another young woman, who came to this town and 
had just been here several weeks, found brutally assaulted and killed, 
stuffed under a car. And two of my employees were witnesses to that 
attack.
  Mr. President, enough is enough. It is time for the Congress of the 
United States to send a clear and compelling message. We will not 
tolerate any more violent acts in this society. And if people are going 
to engage in violent behavior, they are going to pay the price.
  Mr. President, the motion to instruct that Senator Mack and myself 
offer here today is to say simply, ``If you do the crime, you serve the 
time.'' And you serve at least 85 percent of the sentence; none of this 
getting out after serving one-third of the sentence which is what is 
happening across this country today.
  Mr. President, according to the Bureau of Justice Statistics' 
analysis of release practices in 36 States and the District of 
Columbia, although violent offenders receive an average sentence of 7 
years and 11 months, they serve an average of 2 years and 11 months in 
prison; 37 percent of their imposed sentence.

  Mr. President, I just direct my colleagues' attention to this chart 
that shows prison sentence versus prison time served. This is what 
Senator Mack and I are attempting to respond to, because we believe all 
across this country people are fed up with a situation in which people 
are sentenced after committing a violent crime and then are allowed to 
walk after serving one-third of it. They are allowed to walk and go out 
and create more crime, more havoc, threaten more people.
  The honest and decent people of this country have had it. They are 
fed up, and they want it stopped. They want to close the revolving door 
that allows the criminal to serve a third of his sentence, go out and 
commit more crime. They want it stopped. For murder in this country, 
the median sentence is 15 years. How long do they serve? 5\1/2\. That 
is not a misprint. It is hard to believe. Commit murder in this 
country, and you are going to serve 5\1/2\ years. Take somebody else's 
life, and you are going to serve 5\1/2\ years, on average. It is 
outrageous.
  For rape, the average sentence is 8 years. But you are going to serve 
in this country, on average, 3 years. For robbery, 6 years is the 
average sentence; you are going to serve 2\1/4\ years. For assault, 4 
years is the average sentence; you are going to serve 1\1/4\ years.
  Mr. President, this is not a matter of just statistics. My own wife 
was attacked by a man who fits exactly into this category. Eight blocks 
from this Capitol, my wife, coming home at 10 o'clock at night, was 
assaulted by a man who had served one-third of his sentence for rape. 
Thank God, she had the presence of mind to tell that man that she had 
locked her keys in the car, because he had a 45 automatic at her head 
threatening to blow her head off. As he dragged her several blocks to a 
busy intersection, she had the presence of mind to resist and scream, 
and he shoved her into the street, and a good Samaritan came by, and 
they gave chase to this fellow.
  Mr. President, that man should never have been on a street in a 
position to attack anyone. He had a record as long as your arm of 
violent attack after violent attack. Brutal attacks on women was his 
MO, brutal, vicious attacks. He had served one-third of his sentence, 
and then they let him out to a halfway house in the District of 
Columbia. They say that is not their policy in the District of 
Columbia, but the fact is that is what they do. And he walked away from 
that halfway house, and nobody even bothered to get an arrest warrant.
  I wish I could say it is the exception here, but we know because of 
an excellent report on 60 Minutes that it is not the exception. It 
happens over and over and over in this Nation's Capital that people are 
allowed to get out, and they are violent offenders, serving a third of 
their sentences. They put them in halfway houses. They walk away, and 
they do not even bother to get an arrest warrant for them. And we 
wonder why there is an epidemic of violent crime in this country.
  Mr. President, enough is enough. This cannot be allowed to continue. 
When the Senate considered this matter, by a vote of 94-4 on the Byrd 
amendment, which included the concepts that were introduced by me in a 
truth-in-sentencing bill days before, this Senate said: We are going to 
insist that if States want to have the additional Federal assistance 
for Federal prisons, they are going to have to pass laws to require 
truth in sentencing. It is currently a fraud to say to people in this 
country: ``Well, we sentence people to 15 years.'' Nobody tells them 
that we only expect them to serve one-third of the sentence. Nobody is 
telling them that.
  Mr. President, I have another chart that I want to bring to my 
colleagues' attention, because I think it tells another story that is 
very important. What happens to these folks once they get out, after 
they have served one-third of their sentence? I am talking now about 
violent offenders. That is what we are talking about here. Well, 88 
percent of them go out and commit new crimes--88 percent; 33 percent of 
them go out and commit violent crimes.
  We have a revolving door, Mr. President. We apprehend somebody, we go 
to court, we prove they are guilty of a violent crime, we incarcerate 
them, and then we have them serve one-third of their sentence, on 
average. We let them out, and they go out and commit more crime. 
Eighty-eight percent of them commit new crimes; 33 percent of them are 
violent crimes. It is time to call a halt, Mr. President, and time to 
say: No more. We are not going to have a system in which you serve one-
third of your sentence, and then you go out and terrorize a community, 
holding everybody else hostage in their own homes.
  Mr. President, that is why we are offering this motion to instruct.
  Briefly, the House does not include the same version. They have a 
much weaker version of truth in sentencing. It is so much weaker that 
it does not really deserve to be called truth in sentencing. So this is 
our opportunity to send a signal to the House that we want our version. 
This is a way of strengthening the hand of our negotiators, Chairman 
Biden and the other conferees, to give them an additional leverage in 
the discussions with the House.
  Mr. President, let me just say how pleased I am that Senator Mack of 
Florida has joined me in this amendment. He has been a leader on this 
issue for a long time here in the Senate. He worked very hard on his 
side of the aisle to persuade his colleagues that truth in sentencing 
ought to be included in the final legislation. So I am very pleased and 
very proud to have him join me in this effort. He feels deeply about 
it, as I do. I think we have an opportunity today to send a message 
that the Members of Congress have listened to the folks back home. We 
have not only listened, we have responded. And that is the chance that 
we have today.
  I yield the floor.
  Mr. MACK addressed the Chair.
  The PRESIDING OFFICER. The Senator from Florida [Mr. Mack] is 
recognized.
  Mr. MACK. Mr. President, first, let me express my appreciation to my 
friend and colleague from the State of North Dakota. It is a privilege 
to work with him. I think the issue we have discussed today, and which 
has been debated on this floor before, is both significant and, I 
think, very meaningful to people all over the United States. It is one 
that has been brought to my attention by what I hear from the people 
back home.
  First of all, I want to build on some of the comments made by Senator 
Conrad, in a sense of kind of ``where are we?''
  The Senate established a concept of a regional prison system to be 
built by the Federal Government that would be available to States to 
transfer their violent criminals from the State penitentiaries to this 
regional Federal prison system, provided that the States had tough 
sentencing requirements in place. One of those tough requirements was 
that individuals convicted and sentenced to prison as a result of a 
violent crime should serve at least 85 percent of their time.
  Some try to imply that maybe we are going too far or putting too much 
emphasis on punishment in our approach to solving the crime problem. I 
wish those people would look at this question maybe just one more time. 
What we are talking about here really is saying that in situations 
where individuals have been convicted of violent crimes, they should 
serve every single day of that sentence. No more. We are not demanding 
that the sentence be any longer, or that the sentence be changed from 
15 years to 20 years, or that the sentence ought to be life in prison, 
or that death ought to be imposed. We are simply asking that they serve 
every single day of their sentence. That is a very reasonable approach.
  Mr. President, I have several statistics that I want to highlight 
here regarding early release. But, after talking about them for a few 
minutes, I am going to move away from the numbers and talk about the 
human tragedy.
  There was a study done that I think was probably sent to most 
offices. It came attached to a letter written by the American 
Legislative Exchange Council. The study was done by Dr. Michael K. 
Block, professor of economics and law at the University of Arizona. It 
found that every 90 seconds in America, a violent criminal is released 
from prison early, every 90 seconds. Fourteen times a day, throughout 
America, there is a murder committed by someone out on early release. 
Forty-eight times every single day, there is a rape committed by 
someone out on early release. Every single day in America, 578 
robberies take place as a result of someone being out on early release.
  The same study also concluded that if we were to pass a crime bill 
that provided the $13.5 billion to build new prisons proposed by the 
House, and thereby took violent criminals off the streets, we would 
reduce the loss in property by $100 billion over a 10-year period.
  Frankly, I do not think these figures are the important thing to 
focus on. The important thing to focus on is what is happening to 
America. What is happening to our friends and neighbors? What is 
happening to our brothers and our sisters? What is happening to our 
mothers and our dads? What is happening to our neighbors? What is 
happening to our communities?
  If you go to Florida, one of the things you will notice is that most 
new communities today are what they call ``gated communities.'' Do you 
know why they are gated communities? It is their attempt to find 
security. Very few people have a sense of being safe on the streets, or 
in their neighborhoods, or in their communities. So we are seeing new 
communities being developed, and I am not talking about megacities; I 
am talking about a development, and are being built around the concept 
of gates and walls and security guards. When you go inside one of those 
communities, what do you find in each one of those homes? A security 
system. And think of what it has done to the mentality of this Nation 
when someone is shot while walking on someone's lawn simply because of 
the fear that the individual walking on that lawn was a criminal.
  So, the price we are paying is much, much greater than the loss of 
property. We are paying a price in how we have changed as a society, 
how we respond from individual to individual, the effects it has had on 
communities and neighbors. It is time we stopped that. This revolving 
door has got to be stopped.
  In the State of Florida, there is a young woman by the name of 
Kathleen Finnigan, who has said, yes, it has to stop. She started an 
organization called STOP, Stop Turning Out Prisoners, which is a true 
grassroots effort by victims around the State of Florida, to say, in 
essence, enough is enough.
  We have worked together to put on the ballot in the State of Florida 
in November an amendment to the Constitution that takes this issue out 
of the hands of the politicians, because, in essence, they do not think 
politicians can be trusted anymore. They hear all of us voice concern 
over those who commit crimes. They are then rightfully asking the 
question: What about us? Does not anybody care about us anymore? What 
about my mother? What about my father? What about my brother? What 
about my sister? What about my wife? Does not anybody care about them 
anymore?
  Our message today is clear: We care and we care deeply. I cannot 
speak for anyone else who might vote for this motion, but I can say for 
myself that I will not vote for a crime bill that does not have this 
provision in it. Because to me, once again, if we do that we are 
fooling the people.
  As Senator Conrad said a few minutes ago, we talk about the fact that 
we sentenced someone to 15 years in prison for murder, but and they are 
out, on the average, in 5\1/2\ years--5\1/2\ years. When I was a young 
boy growing up, I really thought if you committed murder in this 
country you were at least put away for life or lost your life. Not any 
more. In America today, if you commit a murder, on average you are back 
out on the streets in 5\1/2\ years. It is no wonder that our society 
has no feeling of safety or security any more. So, again, I, for one, 
cannot support a crime bill that does not include these tough 
sentencing requirements.
  I want to shift now, and talk for a moment about some of the 
statements that have been made to me because I find this to be frankly 
a very personal issue. I am fortunate that I do not have a story to 
tell like Senator Conrad. I can just imagine the emotion, the feeling 
that must be inside him as we discuss this issue, the constant 
rethinking of the crime perpetrated against his wife, as a result of 
going through this kind of discussion.
  But you know what, the same agony is happening to 14 American 
families every single day because someone is out on early release. Each 
day 14 new Kent Conrads are created in America because of a system that 
fails to keep those who break our laws in prison, not for a longer 
period of time, not under a death penalty, just until they serve their 
time. It is almost to the point that I just absolutely reject out of 
hand any argument that someone tries to throw up against what we are 
trying to accomplish. To me, there is no excuse. There is no 
alternative to what we propose.
  Again, as I said, I want to share with you a letter that I received 
from an individual in Florida and the comments that she made to me in 
my phone call to her after I received the letter. And the letter is 
addressed to: ``Dear President and Mrs. Clinton; Dear Senator Connie 
Mack; and Dear Governor Lawton Chiles.'' Its reference is ``Enough Is 
Enough--Early Prisoner Release.''

       Please take a moment of your time to listen to two 
     concerned voting citizens.

  Those two citizens are Roxann and John Grimstead. And Roxann writes:

       On January 22, 1994 my only child, 17 year old Kristina, 
     was beaten, strangled, and her head was crushed--beaten 
     beyond recognition. I was never able to identify her, the 
     police came to our house and took fingerprints from her room. 
     We found out through a general description in the newspaper.
       This is just the half of it! We are real people and we are 
     in extreme pain! The man who did this was an early release 
     from a previous conviction. He cut the womans throat, and her 
     hands. She lived. He was sentenced to 18 years. He served 6 
     years! Within 2 years he murdered my daughter! Less than 35% 
     of his sentence was served! You politicians are saying that 
     prisoners serve 42% of their sentence. Had he served 42% of 
     his sentence, my daughter would be enjoying her 18th birthday 
     on this March 24. He was previously arrested for various 
     other things: from the age of 16 he had been charged as an 
     adult.
       Please explain to me why he was released???? And why I can 
     not celebrate my child's birthday this month!!??
       At the least, let Kristina's death open the doors of 
     justice, and close the revolving doors of early release. . . 
     .

  I called her to talk to her about this situation. One of the comments 
that she made to me, and I wrote this down, about her effort to try to 
change things with respect to what is happening in America, was: ``This 
is not a self-serving effort on my part. I have no more children to 
defend.''
  There is an argument that has been used over and over again that says 
``we cannot afford this,'' or says ``where are you going to find the 
money to pay for this, as if the only cost in what we are considering 
is the cost of the construction of those new prison beds.
  I want to read from an editorial that was in the Florida Times-Union, 
Jacksonville, FL, Tuesday, May 17, ``Criminal Justice--Victims of 
Society.''

       A criminal court judge in Jacksonville sent a burglar off 
     to his 16th term in prison the other day. The judge's 
     displeasure was evident, and justified.
       The man had been arrested 27 times and charged with 43 
     separate crimes. Of course, anyone is only guilty when 
     convicted. This defendant had been convicted of committing a 
     felony 17 different times, and had served 15 terms in prison.
       In 1990, he was sentenced in Florida to three years each on 
     five counts of dealing in stolen property and one year and 
     one day for burglary. After six months in prison, he was 
     released.
       Seven months later, he went to Virginia and committed nine 
     more felonies. Why not? There had been little to deter him to 
     that point. He was caught and sentenced to 50 years in 
     prison, to be suspended after five years in prison.
       But in January 1993, Virginia asked Florida's Department of 
     Corrections to accept him and supervise his probation.
       The judge's comment: ``The Florida Department of 
     Corrections graciously accepted the defendant upon the 
     obvious rationale that Florida had a scarcity of convicted 
     felonies on probation and/or that a defendant with 15 felony 
     convictions was a good probation risk and not a danger to the 
     people of Florida.''
       The burglar then violated his parole and committed two more 
     burglaries in Jacksonville.
       The Jacksonville judge sentenced him to 12 years in prison 
     and ruled that he would not be eligible for ``gain time.''

  Now, I went through that editorial because I think it helps make the 
case to those who say, ``Where are you going to get the money? This is 
too expensive.''
  I would make the claim there is already a tremendous price that is 
being paid in this country for our failure to keep people in prison. It 
is not just the emotional side that I referred to just a minute ago, 
and it is not just the loss of life that I referred to a minute ago.
  But, in fact, it is the process of having to track down that criminal 
who should have been in prison, one more time. It is the cost of trying 
that individual. It is the cost of keeping that individual in detention 
during the time leading up to the trial. It is the police work. It is 
the time invested on the part of the jurors, and the time it takes to 
put that individual back in jail again.
  My point, Mr. President, is that we are paying a tremendous price 
already for the failure of doing what is right.
  So I am delighted to have the opportunity to participate with my 
colleague in offering this motion. I suggest that I could go through 
example, after example, after example, after example, just in my State, 
on the murders that have been committed by individuals out on early 
release.
  I will just mention one more. Evelyn Gort, an off-duty police officer 
in Miami, was murdered by an individual out on early release. I met 
with her family.
  I would say to anyone who wants to deny us this language in a 
conference report, they ought to sit down with families like Evelyn 
Gort's and listen to what they have to say. They are saying a lot more 
than ``enough is enough,'' or that we have to stop this revolving door. 
They are saying that their primary concern is for the balance of their 
families, and all Americans.
  If we do this, the right thing, we could make our streets, our 
neighborhoods, and our communities safer.
  Thank you, Mr. President
  Mr. CONRAD addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from North 
Dakota [Mr. Conrad].
  Mr. CONRAD. Mr. President, very recently we had a shocking case which 
I think illustrates very well the importance of the motion Senator Mack 
and I have offered today.
  The father of Michael Jordan, the basketball star, was killed, 
murdered in a vicious crime in their home State. The county sheriff 
there, Hubert Stone, said, ``Mr. Jordan would be alive now if the legal 
system worked the way it should.''
  Why did the sheriff say that?
  Mr. President, both of the 18-year-olds that were involved in that 
murder had extensive criminal histories at the time of the Jordan 
killing. Daniel Green, one of the perpetrators, was on parole after 
serving 2 years of a 6-year sentence for attempting to kill a Robert 
Ellison by smashing him in the head with an ax and putting him in a 
coma for 3 months. Larry Demery was awaiting trial for bashing a Mrs. 
Wilma Dial, a 61-year-old convenience store clerk, in the head with a 
cinder block during a robbery, fracturing her skull and causing a brain 
hemorrhage.
  Mr. President, how many more examples are we going to have to have 
before we take action? How many more examples are Senator Mack and I 
going to have to bring to this floor before we persuade our colleagues 
that it is time to end the revolving door on violent criminals that 
allows them to commit crime, violent crime, serve a third of their 
sentence, and go out to terrorize the communities in which they live 
some more?
  Mr. President, enough is enough. I hope today, when we vote, we will 
send an overwhelmingly clear message to the conferees that the Senate 
provision ought to prevail.
  Mr. President, I ask for the yeas and nays on the motion.
  The PRESIDING OFFICER. Is there a sufficient second? There is not a 
sufficient second.
  Mr. CONRAD. Mr. President, we are not able at this point to get an 
order for a vote because the manager had to be detained off the floor 
for a moment. So we will ask, at a later time, when the manager is 
present, for the yeas and nays, and I am confident we will secure a 
sufficient second at that time.
  I thank the Chair
  Mr. MACK addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Florida.
  Mr. MACK. Mr. President, I ask unanimous consent that Senator 
Domenici be added as a cosponsor on this motion.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________