[Congressional Record Volume 140, Number 120 (Sunday, August 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     CONFERENCE REPORT ON H.R. 3355, VIOLENT CRIME CONTROL AND LAW 
                        ENFORCEMENT ACT OF 1993

  Mr. BROOKS submitted the following conference report and statement on 
the bill (H.R. 3355) to amend the Omnibus Crime Control and Safe 
Streets Act of 1968 to allow grants to increase police presence, to 
expand and improve cooperative efforts between law enforcement agencies 
and members of the community to address crime and disorder problems, 
and otherwise to enhance public safety:

                  Conference Report (H. Rept. 103-711)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the House to the amendment of 
     the Senate to the bill (H.R. 3355), to amend the Omnibus 
     Crime Control and Safe Streets Act of 1968 to allow grants to 
     increase police presence, to expand and improve cooperative 
     efforts between law enforcement agencies and members of the 
     community to address crime and disorder problems, and 
     otherwise to enhance public safety, having met, after full 
     and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
        That the Senate recede from its disagreement to the 
     amendment of the House to the amendment of the Senate to the 
     text of the bill and agree to the same with an amendment as 
     follows:
        In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The following is the table of contents for this Act:

Sec. 1. Short title.
Sec. 2. Table of contents.

                  TITLE I--PUBLIC SAFETY AND POLICING

Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; ``Cops on the Beat''.

                           TITLE II--PRISONS

  Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.

               Subtitle B--Punishment for Young Offenders

Sec. 20201. Certain punishment for young offenders.

                    Subtitle C--Alien Incarceration

Sec. 20301. Incarceration of undocumented criminal aliens.

                  Subtitle D--Miscellaneous Provisions

Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of 
              imprisonment, release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of ``good time''.
Sec. 20406. Task force on prison construction standardization and 
              techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act 
              and the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and 
              congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited.
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal 
              prison facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.

    Subtitle D--Family and Community Endeavor Schools Grant Program

Sec. 30401. Community schools youth services and supervision grant 
              program.
Sec. 30402. Family and Community Endeavor Schools Grant Program.

                      TITLE III--CRIME PREVENTION

                Subtitle A--Ounce of Prevention Council

Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.

         Subtitle B--Local Crime Prevention Block Grant Program

Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.

               Subtitle C--Model Intensive Grant Programs

Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applicants.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.

    Subtitle D--Family and Community Endeavor Schools Grant Program

Sec. 30401. Community schools youth services and supervision grant 
              program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.

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

Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.

                     Subtitle H--Police Recruitment

Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.

                   Subtitle J--Local Partnership Act

Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.

          Subtitle K--National Community Economic Partnership

Sec. 31101. Short title.

       Chapter 1--Community Economic Partnership Investment Funds

Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.

         Chapter 2--Emerging Community Development Corporations

Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan 
              funds.

                  Chapter 3--Miscellaneous Provisions

Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.

             Subtitle O--Urban Recreation and At-Risk Youth

Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.

       Subtitle Q--Community-Based Justice Grants for Prosecutors

Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. ward of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.

             Subtitle S--Family Unity Demonstration Project

Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.

                      Chapter 1--Grants To States

Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Report.

  Chapter 2--Family Unity Demonstration Project for Federal Prisoners

Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.

        Subtitle T--Substance Abuse Treatment in Federal Prisons

Sec. 32001. Substance abuse treatment in Federal prisons.

 Subtitle U--Residential Substance Abuse Treatment for State Prisoners

Sec. 32101. Residential substance abuse treatment for State prisoners.

  Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in 
                       Correctional Institutions

Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in 
              correctional institutions.

           Subtitle X--Gang Resistance Education and Training

Sec. 32401. Gang resistance education and training projects.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 40001. Short title.

                   Subtitle A--Safe Streets for Women

Sec. 40101. Short title.

              Chapter 1--Federal Penalties for Sex Crimes

Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.

  Chapter 2--Law Enforcement and Prosecution Grants to Reduce Violent 
                          Crimes Against Women

Sec. 40121. Grants to combat violent crimes against women.

     Chapter 3--Safety For Women in Public Transit and Public Parks

Sec. 40131. Grants for capital improvements to prevent crime in public 
              transportation.
Sec. 40132. Grants for capital improvements to prevent crime in 
              national parks.
Sec. 40133. Grants for capital improvements to prevent crime in public 
              parks.

                    Chapter 4--New Evidentiary Rules

Sec. 40141. Sexual history in criminal and civil cases.

           Chapter 5--Assistance To Victims of Sexual Assault

Sec. 40151. Education and prevention grants to reduce sexual assaults 
              against women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual assault or 
              domestic violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of 
              runaway, homeless, and street youth.
Sec. 40156. Victims of child abuse programs.

                    Subtitle B--Safe Homes for Women

Sec. 40201. Short title.

             Chapter 1--National Domestic Violence Hotline

Sec. 40211. Grant for a national domestic violence hotline.

                   Chapter 2--Interstate Enforcement

Sec. 40221. Interstate enforcement.

         Chapter 3--Arrest Policies in Domestic Violence Cases

Sec. 40231. Encouraging arrest policies.

                       Chapter 4--Shelter Grants

Sec. 40241. Grants for battered women's shelters.

                       Chapter 5--Youth Education

Sec. 40251. Youth education and domestic violence.

           Chapter 6--Community Programs on Domestic Violence

Sec. 40261.  Establishment of community programs on domestic violence.

   Chapter 7--Family Violence Prevention and Services Act Amendments

Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.

             Chapter 8--Confidentiality For Abused Persons

Sec. 40281. Confidentiality of abused person's address.

                      Chapter 9--Data And Research

Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.

    Chapter 10--Rural Domestic Violence and Child Abuse Enforcement

Sec. 40295. Rural domestic violence and child abuse enforcement 
              assistance.

                   Subtitle C--Civil Rights for Women

Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the privacy of 
              rape victims.

         Subtitle D--Equal Justice for Women in the Courts Act

Sec. 40401. Short title.

  Chapter 1--Education And Training for Judges and Court Personnel in 
                              State Courts

Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
Sec. 40413. Cooperation in developing programs in making grants under 
              this title.
Sec. 40414. Authorization of appropriations.

  Chapter 2--Education And Training for Judges and Court Personnel in 
                             Federal Courts

Sec. 40421. Authorizations of circuit studies; education and training 
              grants.
Sec. 40422. Authorization of appropriations.

          Subtitle E--Violence Against Women Act Improvements

Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims below 
              the age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted 
              diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of 
              Federal benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of 
              domestic violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.

      Subtitle F--National Stalker and Domestic Violence Reduction

Sec. 40601. Authorizing access to Federal criminal information 
              databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.

   Subtitle G--Protections for Battered Immigrant Women and Children

Sec. 40701. Alien petitioning rights for immediate relative or second 
              preference status.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.

                          TITLE V--DRUG COURTS

Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.

                        TITLE VI--DEATH PENALTY

Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the 
              sentence of death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement 
              officials.
Sec. 60008. New offense for the indiscriminate use of weapons to 
              further drug conspiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of 
              violence and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in 
              Federal facilities.
Sec. 60015. Death penalty for the murder of State or local officials 
              assisting Federal law enforcement officials and State 
              correctional officers.
Sec. 60016. Protection of court officers and jurors.
Sec. 60017. Prohibition of retaliatory killings of witnesses, victims, 
              and informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or fixed 
              platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil aviation.
Sec. 60022. Terrorist Death Penalty Act.
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.

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

Sec. 70001. Mandatory life imprisonment for persons convicted of 
              certain felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.

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

Sec. 80001. Limitation on applicability of mandatory minimum penalties 
              in certain cases.

                         TITLE IX--DRUG CONTROL

         Subtitle A--Enhanced Penalties and General Provisions

Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in ``drug-free'' 
              zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons 
              and for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs under 
              RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions of 
              the controlled substances act and the controlled 
              substances import and export act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.

        Subtitle B--National Narcotics Leadership Act Amendments

Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug Control 
              Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.

                   TITLE X--DRUNK DRIVING PROVISIONS

Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.

                           TITLE XI--FIREARMS

                      Subtitle A--Assault Weapons

Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of 
              certain semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by attorney general.
Sec. 110105. Effective date.
Sec. 110106. Appendix a to section 922 of title 18.

                    Subtitle B--Youth Handgun Safety

Sec. 110201. Prohibition of the possession of a handgun or ammunition 
              by, or the private transfer of a handgun or ammunition 
              to, a juvenile.

                         Subtitle C--Licensure

Sec. 110301. Firearms licensure and registration to require a 
              photograph and fingerprints.
Sec. 110302. Compliance with State and local law as a condition to 
              license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms licensees.

                     Subtitle D--Domestic Violence

Sec. 110401. Prohibition against disposal of firearms to, or receipt of 
              firearms by, persons who have committed domestic abuse.

                    Subtitle E--Gun Crime Penalties

Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during 
              a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive 
              to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material 
              Statement in connection with the acquisition of a firearm 
              from a licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms 
              which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or 
              forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent 
              felons and serious drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.

                          TITLE XII--TERRORISM

Sec. 120001. Extension of the statute of limitation for certain 
              terrorism offenses.
Sec. 120002. Jurisdiction over crimes against United States nationals 
              on certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

Sec. 130001. Enhancement of penalties for failing to depart, or 
              reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism 
              information.
Sec. 130004. Deportation procedures for certain criminal aliens who are 
              not permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.

                       TITLE XIV--YOUTH VIOLENCE

Sec. 140001. Prosecution as adults of certain juveniles for crimes of 
              violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by 
              juveniles.
Sec. 140006. Increased penalties for employing children to distribute 
              drugs near schools and playgrounds.
Sec. 140007. Increased penalties for travel act crimes involving 
              violence and conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.

                    TITLE XV--CRIMINAL STREET GANGS

Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally 
              assisted low-income housing.
Sec. 150008. Gang investigation coordination and information 
              collection.
Sec. 150009. Multijurisdictional gang task forces.

                      TITLE XVI--CHILD PORNOGRAPHY

Sec. 160001. Penalties for international trafficking in child 
              pornography.
Sec. 160002. Sense of Congress concerning State legislation regarding 
              child pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections 
              2252 and 2256 of title 18, United States code.

                  TITLE XVII--CRIMES AGAINST CHILDREN

   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

Sec. 170101. Establishment of program.

                 Subtitle B--Assaults Against Children

Sec. 170201. Assaults against children.

               Subtitle C--Missing and Exploited Children

Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.

                        TITLE XVIII--RURAL CRIME

              Subtitle A--Drug Trafficking in Rural Areas

Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.

        Subtitle B--Drug Free Truck Stops and Safety Rest Areas

Sec. 180201. Drug free truck stops and safety rest areas.

    Subtitle C--Sense of Congress Regarding Funding for Rural Areas

Sec. 180301. Funding for rural areas.

                   TITLE XIX--FEDERAL LAW ENFORCEMENT

Sec. 190001. Federal judiciary and Federal law enforcement.

   TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND 
                               EDUCATION

                        Subtitle A--Police Corps

Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law 
              enforcement education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps 
              officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.

            Subtitle B--Law Enforcement Scholarship Program

Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

                       Subtitle A--Byrne Program

Sec. 210101. Extension of Byrne Grant funding.

               Subtitle B--Law Enforcement Family Support

Sec. 210201. Law enforcement family support.

                     Subtitle C--DNA Identification

Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA 
              analyses for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA 
              identification information.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.

                 Subtitle D--Police Pattern or Practice

Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.

         Subtitle E--Improved Training and Technical Automation

Sec. 210501. Improved training and technical automation.

                 Subtitle F--Other State and Local Aid

Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State 
              court systems resulting from enactment of this act.
Sec. 210603. Availability of violent crime reduction trust fund to fund 
              activities authorized by the Brady Handgun Violence 
              Prevention Act and the National Child Protection Act of 
              1993.

               TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.

                     TITLE XXIII--VICTIMS OF CRIME

                      Subtitle A--Victims of Crime

Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a 
              violent crime or sexual abuse to speak at an offender's 
              sentencing hearing and any parole hearing.

                    Subtitle B--Crime Victims' Fund

Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain 
              Federal programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.

                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and 
              conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access 
              devices.
Sec. 250008. Information network.

           TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.

TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON 
                      CRIME PREVENTION AND CONTROL

Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.

                  TITLE XXVIII--SENTENCING PROVISIONS

Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States Sentencing Commission regarding 
              sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain 
              cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing 
              Commission.
Sec. 280006. Cocaine penalty study.

                       TITLE XXIX--COMPUTER CRIME

Sec. 290001. Computer Abuse Amendments Act of 1994.

TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE 
                                RECORDS

Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal 
              information from State motor vehicle records.
Sec. 300003. Effective date.

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal 
              years for which the full amount authorized is not 
              appropriated.
Sec. 310004. Flexibility in making of appropriations.

                       TITLE XXXII--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and 
              services.
Sec. 320105. Increased penalty for conspiracy to commit murder for 
              hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public 
              housing.
Sec. 320108. Task force and criminal penalties relating to the 
              introduction of nonindigenous species.
Sec. 320109. Military medals and decorations.

      Subtitle B--Extension of Protection of Civil Rights Statutes

Sec. 320201. Extension of protection of civil rights statutes.

                      Subtitle C--Audit and Report

Sec. 320301. Audit requirement for State and local law enforcement 
              agencies receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting 
              expenses.

                        Subtitle D--Coordination

Sec. 320401. Coordination of substance abuse treatment and prevention 
              programs.

                          Subtitle E--Gambling

Sec. 320501. Clarifying amendment regarding scope of prohibition 
              against gambling on ships in international waters.

               Subtitle F--White Collar Crime Amendments

Sec. 320601. Receiving the proceeds of extortion or kidnapping.
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business of 
              insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial institutions 
              rewards statute.
Sec. 320608. Definition of ``savings and loan association'' for 
              purposes of the offense of bank robbery and related 
              offenses.
Sec. 320609. Definition of 1-year period for purposes of the offense of 
              obstruction of a Federal audit.

              Subtitle G--Safer Streets and Neighborhoods

Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.

                Subtitle H--Recreational Hunting Safety

Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.

                      Subtitle I--Other Provisions

Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and 
              property damage offenses to eliminate inconsistencies and 
              gaps in coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against 
              truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock 
              births.
Sec. 320908. Sense of the Senate regarding the role of the united 
              nations in international organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials ``DEA''.
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a ``court of the United 
              States'' to include the district courts for Guam, the 
              Northern Mariana Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation 
              rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the senate regarding Law Day U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation 
              program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense of 
              kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of 
              return of handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissibility of evidence of similar crimes in sex offense 
              cases.

                  TITLE XXXIII--TECHNICAL CORRECTIONS

Sec. 330001. Amendments relating to Federal financial assistance for 
              law enforcement.
Sec. 330002. General title 18 corrections.
Sec. 330003. Corrections of erroneous cross references and 
              misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
Sec. 330005. Correction of drafting error in the Foreign Corrupt 
              Practices Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 
              1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate 
              duplicate predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in 
              offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer 
              of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of ``kidnap''.
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18, 
              United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the 
              Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
                  TITLE I--PUBLIC SAFETY AND POLICING

     SEC. 10001. SHORT TITLE.

       This title may be cited as the ``Public Safety Partnership 
     and Community Policing Act of 1994''.

     SEC. 10002. PURPOSES.

       The purposes of this title are to--
       (1) substantially increase the number of law enforcement 
     officers interacting directly with members of the community 
     (``cops on the beat'');
       (2) provide additional and more effective training to law 
     enforcement officers to enhance their problem solving, 
     service, and other skills needed in interacting with members 
     of the community;
       (3) encourage the development and implementation of 
     innovative programs to permit members of the community to 
     assist State, Indian tribal government, and local law 
     enforcement agencies in the prevention of crime in the 
     community; and
       (4) encourage the development of new technologies to assist 
     State, Indian tribal government, and local law enforcement 
     agencies in reorienting the emphasis of their activities from 
     reacting to crime to preventing crime,

     by establishing a program of grants and assistance in 
     furtherance of these objectives, including the authorization 
     for a period of 6 years of grants for the hiring and rehiring 
     of additional career law enforcement officers.

     SEC. 10003. COMMUNITY POLICING; ``COPS ON THE BEAT''.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended--
       (1) by redesignating part Q as part R;
       (2) by redesignating section 1701 as section 1801; and
       (3) by inserting after part P the following new part:

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

     ``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY 
                   POLICING GRANTS.

       ``(a) Grant Authorization.--The Attorney General may make 
     grants to States, units of local government, Indian tribal 
     governments, other public and private entities, and multi-
     jurisdictional or regional consortia thereof to increase 
     police presence, to expand and improve cooperative efforts 
     between law enforcement agencies and members of the community 
     to address crime and disorder problems, and otherwise to 
     enhance public safety.
       ``(b) Rehiring, Hiring, and Initial Redeployment Grant 
     Projects.--
       ``(1) In general.--Grants made under subsection (a) may be 
     used for programs, projects, and other activities to--
       ``(A) rehire law enforcement officers who have been laid 
     off as a result of State and local budget reductions for 
     deployment in community-oriented policing;
       ``(B) hire and train new, additional career law enforcement 
     officers for deployment in community-oriented policing across 
     the Nation; and
       ``(C) procure equipment, technology, or support systems, or 
     pay overtime, if the applicant for such a grant demonstrates 
     to the satisfaction of the Attorney General that expenditures 
     for such purposes would result in an increase in the number 
     of officers deployed in community-oriented policing equal to 
     or greater than the increase in the number of officers that 
     would result from a grant for a like amount for the purposes 
     specified in subparagraph (A) or (B).
       ``(2) Grants for equipment, technology, and support 
     systems.--Grants pursuant to paragraph (1)(C)--
       ``(A) may not exceed--
       ``(i) 20 percent of the funds available for grants pursuant 
     to this subsection in fiscal year 1995;
       ``(ii) 20 percent of the funds available for grants 
     pursuant to this subsection in fiscal year 1996; or
       ``(iii) 10 percent of the funds available for grants 
     pursuant to this subsection in fiscal years 1997, 1998, 1999, 
     and 2000; and
       ``(B) may not be awarded in fiscal years 1998, 1999, or 
     2000 unless the Attorney General has certified that grants 
     awarded in fiscal years 1995, 1996, and 1997 pursuant to 
     subparagraph (1)(C) have resulted in an increase in the 
     number of officers deployed in community-oriented policing 
     equal to or greater than the increase in the number of 
     officers that have resulted from the grants in like amounts 
     awarded in fiscal years 1995, 1996, and 1997 pursuant to 
     paragraph (1) (A) and (B).
       ``(c) Troops-to-Cops Programs.--
       ``(1) In general.--Grants made under subsection (a) may be 
     used to hire former members of the Armed Forces to serve as 
     career law enforcement officers for deployment in community-
     oriented policing, particularly in communities that are 
     adversely affected by a recent military base closing.
       ``(2) Definition.--In this subsection, `former member of 
     the Armed Forces' means a member of the Armed Forces of the 
     United States who is involuntarily separated from the Armed 
     Forces within the meaning of section 1141 of title 10, United 
     States Code.
       ``(d) Additional Grant Projects.--Grants made under 
     subsection (a) may include programs, projects, and other 
     activities to--
       ``(1) increase the number of law enforcement officers 
     involved in activities that are focused on interaction with 
     members of the community on proactive crime control and 
     prevention by redeploying officers to such activities;
       ``(2) provide specialized training to law enforcement 
     officers to enhance their conflict resolution, mediation, 
     problem solving, service, and other skills needed to work in 
     partnership with members of the community;
       ``(3) increase police participation in multidisciplinary 
     early intervention teams;
       ``(4) develop new technologies to assist State and local 
     law enforcement agencies in reorienting the emphasis of their 
     activities from reacting to crime to preventing crime;
       ``(5) develop and implement innovative programs to permit 
     members of the community to assist State and local law 
     enforcement agencies in the prevention of crime in the 
     community, such as a citizens' police academy, including 
     programs designed to increase the level of access to the 
     criminal justice system enjoyed by victims, witnesses, and 
     ordinary citizens by establishing decentralized satellite 
     offices (including video facilities) of principal criminal 
     courts buildings;
       ``(6) establish innovative programs to reduce, and keep to 
     a minimum, the amount of time that law enforcement officers 
     must be away from the community while awaiting court 
     appearances;
       ``(7) establish and implement innovative programs to 
     increase and enhance proactive crime control and prevention 
     programs involving law enforcement officers and young persons 
     in the community;
       ``(8) develop and establish new administrative and 
     managerial systems to facilitate the adoption of community-
     oriented policing as an organization-wide philosophy;
       ``(9) establish, implement, and coordinate crime prevention 
     and control programs (involving law enforcement officers 
     working with community members) with other Federal programs 
     that serve the community and community members to better 
     address the comprehensive needs of the community and its 
     members; and
       ``(10) support the purchase by a law enforcement agency of 
     no more than 1 service weapon per officer, upon hiring for 
     deployment in community-oriented policing or, if necessary, 
     upon existing officers' initial redeployment to community-
     oriented policing.
       ``(e) Preferential Consideration of Applications for 
     Certain Grants.--In awarding grants under this part, the 
     Attorney General may give preferential consideration, where 
     feasible, to applications for hiring and rehiring additional 
     career law enforcement officers that involve a non-Federal 
     contribution exceeding the 25 percent minimum under 
     subsection (i).
       ``(f) Technical Assistance.--
       ``(1) In general.--The Attorney General may provide 
     technical assistance to States, units of local government, 
     Indian tribal governments, and to other public and private 
     entities, in furtherance of the purposes of the Public Safety 
     Partnership and Community Policing Act of 1994.
       ``(2) Model.--The technical assistance provided by the 
     Attorney General may include the development of a flexible 
     model that will define for State and local governments, and 
     other public and private entities, definitions and strategies 
     associated with community or problem-oriented policing and 
     methodologies for its implementation.
       ``(3) Training centers and facilities.--The technical 
     assistance provided by the Attorney General may include the 
     establishment and operation of training centers or 
     facilities, either directly or by contracting or cooperative 
     arrangements. The functions of the centers or facilities 
     established under this paragraph may include instruction and 
     seminars for police executives, managers, trainers, 
     supervisors, and such others as the Attorney General 
     considers to be appropriate concerning community or problem-
     oriented policing and improvements in police-community 
     interaction and cooperation that further the purposes of the 
     Public Safety Partnership and Community Policing Act of 1994.
       ``(g) Utilization of Components.--The Attorney General may 
     utilize any component or components of the Department of 
     Justice in carrying out this part.
       ``(h) Minimum Amount.--Unless all applications submitted by 
     any State and grantee within the State pursuant to subsection 
     (a) have been funded, each qualifying State, together with 
     grantees within the State, shall receive in each fiscal year 
     pursuant to subsection (a) not less than 0.5 percent of the 
     total amount appropriated in the fiscal year for grants 
     pursuant to that subsection. In this subsection, `qualifying 
     State' means any State which has submitted an application for 
     a grant, or in which an eligible entity has submitted an 
     application for a grant, which meets the requirements 
     prescribed by the Attorney General and the conditions set out 
     in this part.
       ``(i) Matching Funds.--The portion of the costs of a 
     program, project, or activity provided by a grant under 
     subsection (a) may not exceed 75 percent, unless the Attorney 
     General waives, wholly or in part, the requirement under this 
     subsection of a non-Federal contribution to the costs of a 
     program, project, or activity. In relation to a grant for a 
     period exceeding 1 year for hiring or rehiring career law 
     enforcement officers, the Federal share shall decrease from 
     year to year for up to 5 years, looking toward the 
     continuation of the increased hiring level using State or 
     local sources of funding following the conclusion of Federal 
     support, as provided in an approved plan pursuant to section 
     1702(c)(8).
       ``(j) Allocation of Funds.--The funds available under this 
     part shall be allocated as provided in section 
     1001(a)(11)(B).
       ``(k) Termination of Grants for Hiring Officers.--The 
     authority under subsection (a) of this section to make grants 
     for the hiring and rehiring of additional career law 
     enforcement officers shall lapse at the conclusion of 6 years 
     from the date of enactment of this part. Prior to the 
     expiration of this grant authority, the Attorney General 
     shall submit a report to Congress concerning the experience 
     with and effects of such grants. The report may include any 
     recommendations the Attorney General may have for amendments 
     to this part and related provisions of law in light of the 
     termination of the authority to make grants for the hiring 
     and rehiring of additional career law enforcement officers.

     ``SEC. 1702. APPLICATIONS.

       ``(a) In General.--No grant may be made under this part 
     unless an application has been submitted to, and approved by, 
     the Attorney General.
       ``(b) Application.--An application for a grant under this 
     part shall be submitted in such form, and contain such 
     information, as the Attorney General may prescribe by 
     regulation or guidelines.
       ``(c) Contents.--In accordance with the regulations or 
     guidelines established by the Attorney General, each 
     application for a grant under this part shall--
       ``(1) include a long-term strategy and detailed 
     implementation plan that reflects consultation with community 
     groups and appropriate private and public agencies and 
     reflects consideration of the statewide strategy under 
     section 503(a)(1);
       ``(2) demonstrate a specific public safety need;
       ``(3) explain the applicant's inability to address the need 
     without Federal assistance;
       ``(4) identify related governmental and community 
     initiatives which complement or will be coordinated with the 
     proposal;
       ``(5) certify that there has been appropriate coordination 
     with all affected agencies;
       ``(6) outline the initial and ongoing level of community 
     support for implementing the proposal including financial and 
     in-kind contributions or other tangible commitments;
       ``(7) specify plans for obtaining necessary support and 
     continuing the proposed program, project, or activity 
     following the conclusion of Federal support;
       ``(8) if the application is for a grant for hiring or 
     rehiring additional career law enforcement officers, specify 
     plans for the assumption by the applicant of a progressively 
     larger share of the cost in the course of time, looking 
     toward the continuation of the increased hiring level using 
     State or local sources of funding following the conclusion of 
     Federal support;
       ``(9) assess the impact, if any, of the increase in police 
     resources on other components of the criminal justice system;
       ``(10) explain how the grant will be utilized to reorient 
     the affected law enforcement agency's mission toward 
     community-oriented policing or enhance its involvement in or 
     commitment to community-oriented policing; and
       ``(11) provide assurances that the applicant will, to the 
     extent practicable, seek, recruit, and hire members of racial 
     and ethnic minority groups and women in order to increase 
     their ranks within the sworn positions in the law enforcement 
     agency.
       ``(d) Special Provisions.--
       ``(1) Small jurisdictions.--Notwithstanding any other 
     provision of this part, in relation to applications under 
     this part of units of local government or law enforcement 
     agencies having jurisdiction over areas with population of 
     less than 50,000, the Attorney General may waive 1 or more of 
     the requirements of subsection (c) and may otherwise make 
     special provisions to facilitate the expedited submission, 
     processing, and approval of such applications.
       ``(2) Small grant amount.--Notwithstanding any other 
     provision of this part, in relation to applications under 
     section 1701(d) for grants of less than $1,000,000, the 
     Attorney General may waive 1 or more of the requirements of 
     subsection (c) and may otherwise make special provisions to 
     facilitate the expedited submission, processing, and approval 
     of such applications.

     ``SEC. 1703. RENEWAL OF GRANTS.

       ``(a) In General.--Except for grants made for hiring or 
     rehiring additional career law enforcement officers, a grant 
     under this part may be renewed for up to 2 additional years 
     after the first fiscal year during which a recipient receives 
     its initial grant, if the Attorney General determines that 
     the funds made available to the recipient were used in a 
     manner required under an approved application and if the 
     recipient can demonstrate significant progress in achieving 
     the objectives of the initial application.
       ``(b) Grants for Hiring.--Grants made for hiring or 
     rehiring additional career law enforcement officers may be 
     renewed for up to 5 years, subject to the requirements of 
     subsection (a), but notwithstanding the limitation in that 
     subsection concerning the number of years for which grants 
     may be renewed.
       ``(c) Multiyear Grants.--A grant for a period exceeding 1 
     year may be renewed as provided in this section, except that 
     the total duration of such a grant including any renewals may 
     not exceed 3 years, or 5 years if it is a grant made for 
     hiring or rehiring additional career law enforcement 
     officers.

     ``SEC. 1704. LIMITATION ON USE OF FUNDS.

       ``(a) Nonsupplanting Requirement.--Funds made available 
     under this part to States or units of local government shall 
     not be used to supplant State or local funds, or, in the case 
     of Indian tribal governments, funds supplied by the Bureau of 
     Indian Affairs, but shall be used to increase the amount of 
     funds that would, in the absence of Federal funds received 
     under this part, be made available from State or local 
     sources, or in the case of Indian tribal governments, from 
     funds supplied by the Bureau of Indian Affairs.
       ``(b) Non-Federal Costs.--
       ``(1) In general.--States and units of local government may 
     use assets received through the Assets Forfeiture equitable 
     sharing program to provide the non-Federal share of the cost 
     of programs, projects, and activities funded under this part.
       ``(2) Indian tribal governments.--Funds appropriated by the 
     Congress for the activities of any agency of an Indian tribal 
     government or the Bureau of Indian Affairs performing law 
     enforcement functions on any Indian lands may be used to 
     provide the non-Federal share of the cost of programs or 
     projects funded under this part.
       ``(c) Hiring Costs.--Funding provided under this part for 
     hiring or rehiring a career law enforcement officer may not 
     exceed $75,000, unless the Attorney General grants a waiver 
     from this limitation.

     ``SEC. 1705. PERFORMANCE EVALUATION.

       ``(a) Monitoring Components.--Each program, project, or 
     activity funded under this part shall contain a monitoring 
     component, developed pursuant to guidelines established by 
     the Attorney General. The monitoring required by this 
     subsection shall include systematic identification and 
     collection of data about activities, accomplishments, and 
     programs throughout the life of the program, project, or 
     activity and presentation of such data in a usable form.
       ``(b) Evaluation Components.--Selected grant recipients 
     shall be evaluated on the local level or as part of a 
     national evaluation, pursuant to guidelines established by 
     the Attorney General. Such evaluations may include 
     assessments of individual program implementations. In 
     selected jurisdictions that are able to support outcome 
     evaluations, the effectiveness of funded programs, projects, 
     and activities may be required. Outcome measures may include 
     crime and victimization indicators, quality of life measures, 
     community perceptions, and police perceptions of their own 
     work.
       ``(c) Periodic Review and Reports.--The Attorney General 
     may require a grant recipient to submit to the Attorney 
     General the results of the monitoring and evaluations 
     required under subsections (a) and (b) and such other data 
     and information as the Attorney General deems reasonably 
     necessary.

     ``SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.

       ``If the Attorney General determines, as a result of the 
     reviews required by section 1705, or otherwise, that a grant 
     recipient under this part is not in substantial compliance 
     with the terms and requirements of an approved grant 
     application submitted under section 1702, the Attorney 
     General may revoke or suspend funding of that grant, in whole 
     or in part.

     ``SEC. 1707. ACCESS TO DOCUMENTS.

       ``(a) By the Attorney General.--The Attorney General shall 
     have access for the purpose of audit and examination to any 
     pertinent books, documents, papers, or records of a grant 
     recipient under this part and to the pertinent books, 
     documents, papers, or records of State and local governments, 
     persons, businesses, and other entities that are involved in 
     programs, projects, or activities for which assistance is 
     provided under this part.
       ``(b) By the Comptroller General.--Subsection (a) shall 
     apply with respect to audits and examinations conducted by 
     the Comptroller General of the United States or by an 
     authorized representative of the Comptroller General.

     ``SEC. 1708. GENERAL REGULATORY AUTHORITY.

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

     ``SEC. 1709. DEFINITIONS.

       ``In this part--

     `` `career law enforcement officer' means a person hired on a 
     permanent basis who is authorized by law or by a State or 
     local public agency to engage in or supervise the prevention, 
     detection, or investigation of violations of criminal laws.

     `` `citizens' police academy' means a program by local law 
     enforcement agencies or private non profit organizations in 
     which citizens, especially those who participate in 
     neighborhood watch programs, are trained in ways of 
     facilitating communication between the community and local 
     law enforcement in the prevention of crime.

     `` `Indian tribe' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including an 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711, et seq.) is amended by striking the item 
     relating to part Q and inserting the following:

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

``Sec. 1701. Authority to make public safety and community policing 
              grants.
``Sec. 1702. Applications.
``Sec. 1703. Renewal of grants.
``Sec. 1704. Limitation on use of funds.
``Sec. 1705. Performance evaluation.
``Sec. 1706. Revocation or suspension of funding.
``Sec. 1707. Access to documents.
``Sec. 1708. General regulatory authority.
``Sec. 1709. Definition.

             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings.''.

       (c) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793) is amended--
       (1) in paragraph (3) by striking ``and O'' and inserting 
     ``O, P, and Q''; and
       (2) by adding at the end the following new paragraph:
       ``(11)(A) There are authorized to be appropriated to carry 
     out part Q, to remain available until expended--
       ``(i) $1,332,000,000 for fiscal year 1995;
       ``(ii) $1,850,000,000 for fiscal year 1996;
       ``(iii) $1,950,000,000 for fiscal year 1997;
       ``(iv) $1,700,000,000 for fiscal year 1998;
       ``(v) $1,700,000,000 for fiscal year 1999; and
       ``(vi) $268,000,000 for fiscal year 2000.
       ``(B) Of funds available under part Q in any fiscal year, 
     up to 3 percent may be used for technical assistance under 
     section 1701(f) or for evaluations or studies carried out or 
     commissioned by the Attorney General in furtherance of the 
     purposes of part Q. Of the remaining funds, 50 percent shall 
     be allocated for grants pursuant to applications submitted by 
     units of local government or law enforcement agencies having 
     jurisdiction over areas with populations exceeding 150,000 or 
     by public and private entities that serve areas with 
     populations exceeding 150,000, and 50 percent shall be 
     allocated for grants pursuant to applications submitted by 
     units of local government or law enforcement agencies having 
     jurisdiction over areas with populations 150,000 or less or 
     by public and private entities that serve areas with 
     populations 150,000 or less. Of the funds available in 
     relation to grants under part Q, at least 85 percent shall be 
     applied to grants for the purposes specified in section 
     1701(b), and no more than 15 percent may be applied to other 
     grants in furtherance of the purposes of part Q. In view of 
     the extraordinary need for law enforcement assistance in 
     Indian country, an appropriate amount of funds available 
     under part Q shall be made available for grants to Indian 
     tribal governments or tribal law enforcement agencies.''.
                           TITLE II--PRISONS
  Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

     SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

       (a) Grant Authorization.--The Attorney General may make 
     grants to individual States and to States organized as multi-
     State compacts to construct, develop, expand, modify, 
     operate, or improve correctional facilities, including boot 
     camp facilities and other alternative correctional facilities 
     that can free conventional prison space for the confinement 
     of violent offenders, to ensure that prison cell space is 
     available for the confinement of violent offenders and to 
     implement truth in sentencing laws for sentencing violent 
     offenders.
       (b) Eligibility.--To be eligible to receive a grant under 
     this subtitle, a State or States organized as multi-State 
     compacts shall submit an application to the Attorney General 
     which includes--
       (1) assurances that the State or States have implemented, 
     or will implement, correctional policies and programs, 
     including truth in sentencing laws that ensure that violent 
     offenders serve a substantial portion of the sentences 
     imposed, that are designed to provide sufficiently severe 
     punishment for violent offenders, including violent juvenile 
     offenders, and that the prison time served is appropriately 
     related to the determination that the inmate is a violent 
     offender and for a period of time deemed necessary to protect 
     the public;
       (2) assurances that the State or States have implemented 
     policies that provide for the recognition of the rights and 
     needs of crime victims;
       (3) assurances that funds received under this section will 
     be used to construct, develop, expand, modify, operate, or 
     improve correctional facilities to ensure that prison cell 
     space is available for the confinement of violent offenders;
       (4) assurances that the State or States have a 
     comprehensive correctional plan which represents an 
     integrated approach to the management and operation of 
     correctional facilities and programs and which includes 
     diversion programs, particularly drug diversion programs, 
     community corrections programs, a prisoner screening and 
     security classification system, appropriate professional 
     training for corrections officers in dealing with violent 
     offenders, prisoner rehabilitation and treatment programs, 
     prisoner work activities (including, to the extent 
     practicable, activities relating to the development, 
     expansion, modification, or improvement of correctional 
     facilities) and job skills programs, educational programs, a 
     pre-release prisoner assessment to provide risk reduction 
     management, post-release assistance, and an assessment of 
     recidivism rates;
       (5) assurances that the State or States have involved 
     counties and other units of local government, when 
     appropriate, in the construction, development, expansion, 
     modification, operation or improvement of correctional 
     facilities designed to ensure the incarceration of violent 
     offenders, and that the State or States will share funds 
     received under this section with counties and other units of 
     local government, taking into account the burden placed on 
     these units of government when they are required to confine 
     sentenced prisoners because of overcrowding in State prison 
     facilities;
       (6) assurances that funds received under this section will 
     be used to supplement, not supplant, other Federal, State, 
     and local funds;
       (7) assurances that the State or States have implemented, 
     or will implement within 18 months after the date of the 
     enactment of this Act, policies to determine the veteran 
     status of inmates and to ensure that incarcerated veterans 
     receive the veterans benefits to which they are entitled;
       (8) if applicable, documentation of the multi-State compact 
     agreement that specifies the construction, development, 
     expansion, modification, operation, or improvement of 
     correctional facilities; and
       (9) if applicable, a description of the eligibility 
     criteria for prisoner participation in any boot camp that is 
     to be funded.
       (c) Consideration.--The Attorney General, in making such 
     grants, shall give consideration to the special burden placed 
     on States which incarcerate a substantial number of inmates 
     who are in the United States illegally.

     SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

       (a) Truth in Sentencing Grant Program.--Fifty percent of 
     the total amount of funds appropriated to carry out this 
     subtitle for each of fiscal years 1995, 1996, 1997, 1998, 
     1999, and 2000 shall be made available for Truth in 
     Sentencing Incentive Grants. To be eligible to receive such a 
     grant, a State must meet the requirements of section 20101(b) 
     and shall demonstrate that the State--
       (1) has in effect laws which require that persons convicted 
     of violent crimes serve not less than 85 percent of the 
     sentence imposed; or
       (2) since 1993--
       (A) has increased the percentage of convicted violent 
     offenders sentenced to prison;
       (B) has increased the average prison time which will be 
     served in prison by convicted violent offenders sentenced to 
     prison;
       (C) has increased the percentage of sentence which will be 
     served in prison by violent offenders sentenced to prison; 
     and
       (D) has in effect at the time of application laws requiring 
     that a person who is convicted of a violent crime shall serve 
     not less than 85 percent of the sentence imposed if--
       (i) the person has been convicted on 1 or more prior 
     occasions in a court of the United States or of a State of a 
     violent crime or a serious drug offense; and
       (ii) each violent crime or serious drug offense was 
     committed after the defendant's conviction of the preceding 
     violent crime or serious drug offense.
       (b) Allocation of Truth in Sentencing Incentive Funds.--
       (1) Formula allocation.--The amount available to carry out 
     this section for any fiscal year under subsection (a) shall 
     be allocated to each eligible State in the ratio that the 
     number of part 1 violent crimes reported by such State to the 
     Federal Bureau of Investigation for 1993 bears to the number 
     of part 1 violent crimes reported by all States to the 
     Federal Bureau of Investigation for 1993.
       (2) Transfer of unused funds.--On September 30 of each of 
     fiscal years 1996, 1998, 1999, and 2000, the Attorney General 
     shall transfer to the funds to be allocated under section 
     20103(b)(1) any funds made available to carry out this 
     section that are not allocated to an eligible State under 
     paragraph (1).

     SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

       (a) Violent Offender Incarceration Grant Program.--Fifty 
     percent of the total amount of funds appropriated to carry 
     out this subtitle for each of fiscal years 1995, 1996, 1997, 
     1998, 1999, and 2000 shall be made available for Violent 
     Offender Incarceration Grants. To be eligible to receive such 
     a grant, a State or States must meet the requirements of 
     section 20101(b).
       (b) Allocation of Violent Offender Incarceration Funds.--
       (1) Formula allocation.--Eighty-five percent of the sum of 
     the amount available for Violent Offender Incarceration 
     Grants for any fiscal year under subsection (a) and any 
     amount transferred under section 20102(b)(2) for that fiscal 
     year shall be allocated as follows:
       (A) 0.25 percent shall be allocated to each eligible State 
     except that the United States Virgin Islands, American Samoa, 
     Guam and the Northern Mariana Islands each shall be allocated 
     0.05 percent.
       (B) The amount remaining after application of subparagraph 
     (A) shall be allocated to each eligible State in the ratio 
     that the number of part 1 violent crimes reported by such 
     State to the Federal Bureau of Investigation for 1993 bears 
     to the number of part 1 violent crimes reported by all States 
     to the Federal Bureau of Investigation for 1993.
       (2) Discretionary allocation.--Fifteen percent of the sum 
     of the amount available for Violent Offender Incarceration 
     Grants for any fiscal year under subsection (a) and any 
     amount transferred under section 20103(b)(3) for that fiscal 
     year shall be allocated at the discretion of the Attorney 
     General to States that have demonstrated the greatest need 
     for such grants and the ability to best utilize the funds to 
     meet the objectives of the grant program and ensure that 
     prison cell space is available for the confinement of violent 
     offenders.
       (3) Transfer of unused formula funds.--On September 30 of 
     each of fiscal years 1996, 1997, 1998, 1999, and 2000, the 
     Attorney General shall transfer to the discretionary program 
     under paragraph (2) any funds made available for allocation 
     under paragraph (1) that are not allocated to an eligible 
     State under paragraph (1).

     SEC. 20104. MATCHING REQUIREMENT.

       The Federal share of a grant received under this subtitle 
     may not exceed 75 percent of the costs of a proposal 
     described in an application approved under this subtitle.

     SEC. 20105. RULES AND REGULATIONS.

       (a) The Attorney General shall issue rules and regulations 
     regarding the uses of grant funds received under this 
     subtitle not later than 90 days after the date of enactment 
     of this Act.
       (b) If data regarding part 1 violent crimes in any State 
     for 1993 is unavailable or substantially inaccurate, the 
     Attorney General shall utilize the best available comparable 
     data regarding the number of violent crimes for 1993 for that 
     State for the purposes of allocation of any funds under this 
     subtitle.

     SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

       The Attorney General may request that the Director of the 
     National Institute of Corrections and the Director of the 
     Federal Bureau of Prisons provide technical assistance and 
     training to a State or States that receive a grant under this 
     subtitle to achieve the purposes of this subtitle.

     SEC. 20107. EVALUATION.

       The Attorney General may request the Director of the 
     National Institute of Corrections to assist with an 
     evaluation of programs established with funds under this 
     subtitle.

     SEC. 20108. DEFINITIONS.

       In this subtitle--
       ``boot camp'' means a correctional program of not more than 
     6 months' incarceration involving--
       (A) assignment for participation in the program, in 
     conformity with State law, by prisoners other than prisoners 
     who have been convicted at any time of a violent felony;
       (B) adherence by inmates to a highly regimented schedule 
     that involves strict discipline, physical training, and work;
       (C) participation by inmates in appropriate education, job 
     training, and substance abuse counseling or treatment; and
       (D) post-incarceration aftercare services for participants 
     that are coordinated with the program carried out during the 
     period of imprisonment.
       ``part 1 violent crimes'' means murder and non-negligent 
     manslaughter, forcible rape, robbery, and aggravated assault 
     as reported to the Federal Bureau of Investigation for 
     purposes of the Uniform Crime Reports.
       ``State'' or ``States'' means a State, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, American Samoa, Guam, and the Northern 
     Mariana Islands.

     SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $175,000,000 for fiscal year 1995;
       (2) $750,000,000 for fiscal year 1996;
       (3) $1,000,000,000 for fiscal year 1997;
       (4) $1,900,000,000 for fiscal year 1998;
       (5) $2,000,000,000 for fiscal year 1999; and
       (6) $2,070,000,000 for fiscal year 2000.
               Subtitle B--Punishment for Young Offenders

     SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
     by section 10003(a), is amended--
       (1) by redesignating part R as part S;
       (2) by redesignating section 1801 as section 1901; and
       (3) by inserting after part Q the following new part:

            ``PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS

     ``SEC. 1801. GRANT AUTHORIZATION.

       ``(a) In General.--The Attorney General may make grants 
     under this part to States, for the use by States and units of 
     local government, for the purpose of developing alternative 
     methods of punishment for young offenders to traditional 
     forms of incarceration and probation.
       ``(b) Alternative Methods.--The alternative methods of 
     punishment referred to in subsection (a) should ensure 
     certain punishment for young offenders and promote reduced 
     recidivism, crime prevention, and assistance to victims, 
     particularly for young offenders who can be punished more 
     effectively in an environment other than a traditional 
     correctional facility, including--
       ``(1) alternative sanctions that create accountability and 
     certain punishment for young offenders;
       ``(2) restitution programs for young offenders;
       ``(3) innovative projects, such as projects consisting of 
     education and job training activities for incarcerated young 
     offenders, modeled, to the extent practicable, after 
     activities carried out under part B of title IV of the Job 
     Training Partnership Act (relating to Job Corps) (29 U.S.C. 
     1691 et seq.) and projects that provide family counseling;
       ``(4) correctional options, such as community-based 
     incarceration, weekend incarceration, and electronic 
     monitoring of offenders;
       ``(5) community service programs that provide work service 
     placement for young offenders at non-profit, private 
     organizations and community organizations;
       ``(6) innovative methods that address the problems of young 
     offenders convicted of serious substance abuse (including 
     alcohol abuse) and gang-related offenses; and
       ``(7) adequate and appropriate after care programs for 
     young offenders, such as substance abuse treatment, education 
     programs, vocational training, job placement counseling, 
     family counseling and other support programs upon release.

     ``SEC. 1802. STATE APPLICATIONS.

       ``(a) In General.--
       ``(1) Submission of application.--To request a grant under 
     this part, the chief executive of a State shall submit an 
     application to the Attorney General in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       ``(2) Assurances.--An application under paragraph (1) shall 
     include assurances that Federal funds received under this 
     part shall be used to supplement, not supplant, non-Federal 
     funds that would otherwise be available for activities funded 
     under this part.
       ``(b) State Office.--The office designated under section 
     507--
       ``(1) shall prepare the application as required under 
     subsection (a); and
       ``(2) shall administer grant funds received under this 
     part, including review of spending, processing, progress, 
     financial reporting, technical assistance, grant adjustments, 
     accounting, auditing, and fund disbursement.

     ``SEC. 1803. REVIEW OF STATE APPLICATIONS.

       ``(a) In General.--The Attorney General shall make a grant 
     under section 1801(a) to carry out the projects described in 
     the application submitted by such applicant under section 
     1802 upon determining that--
       ``(1) the application is consistent with the requirements 
     of this part; and
       ``(2) before the approval of the application, the Attorney 
     General has made an affirmative finding in writing that the 
     proposed project has been reviewed in accordance with this 
     part.
       ``(b) Approval.--Each application submitted under section 
     1802 shall be considered approved, in whole or in part, by 
     the Attorney General not later than 45 days after first 
     received unless the Attorney General informs the applicant of 
     specific reasons for disapproval.
       ``(c) Restriction.--Grant funds received under this part 
     shall not be used for land acquisition or construction 
     projects, other than alternative facilities described in 
     section 1801(b).
       ``(d) Disapproval Notice and Reconsideration.--The Attorney 
     General shall not disapprove any application without first 
     affording the applicant reasonable notice and an opportunity 
     for reconsideration.

     ``SEC. 1804. LOCAL APPLICATIONS.

       ``(a) In General.--
       ``(1) Submission of application.--To request funds under 
     this part from a State, the chief executive of a unit of 
     local government shall submit an application to the office 
     designated under section 1802(b).
       ``(2) Approval.--An application under paragraph (1) shall 
     be considered to have been approved, in whole or in part, by 
     the State not later than 45 days after such application is 
     first received unless the State informs the applicant in 
     writing of specific reasons for disapproval.
       ``(3) Disapproval.--The State shall not disapprove any 
     application submitted to the State without first affording 
     the applicant reasonable notice and an opportunity for 
     reconsideration.
       ``(4) Effect of approval.--If an application under 
     subsection (a) is approved, the unit of local government is 
     eligible to receive funds under this part.
       ``(b) Distribution to Units of Local Government.--A State 
     that receives funds under section 1801 in a fiscal year shall 
     make such funds available to units of local government with 
     an application that has been submitted and approved by the 
     State within 45 days after the Attorney General has approved 
     the application submitted by the State and has made funds 
     available to the State. The Attorney General may waive the 
     45-day requirement in this section upon a finding that the 
     State is unable to satisfy such requirement under State 
     statutes.

     ``SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``(a) State Distribution.--Of the total amount appropriated 
     under this part in any fiscal year--
       ``(1) 0.4 percent shall be allocated to each of the 
     participating States; and
       ``(2) of the total funds remaining after the allocation 
     under paragraph (1), there shall be allocated to each of the 
     participating States an amount which bears the same ratio to 
     the amount of remaining funds described in this paragraph as 
     the number of young offenders of such State bears to the 
     number of young offenders in all the participating States.
       ``(b) Local Distribution.--
       ``(1) In general.--A State that receives funds under this 
     part in a fiscal year shall distribute to units of local 
     government in such State for the purposes specified under 
     section 1801 that portion of such funds which bears the same 
     ratio to the aggregate amount of such funds as the amount of 
     funds expended by all units of local government for 
     correctional programs in the preceding fiscal year bears to 
     the aggregate amount of funds expended by the State and all 
     units of local government in such State for correctional 
     programs in such preceding fiscal year.
       ``(2) Undistributed funds.--Any funds not distributed to 
     units of local government under paragraph (1) shall be 
     available for expenditure by such State for purposes 
     specified under section 1801.
       ``(3) Unused funds.-- If the Attorney General determines, 
     on the basis of information available during any fiscal year, 
     that a portion of the funds allocated to a State for such 
     fiscal year will not be used by such State or that a State is 
     not eligible to receive funds under section 1801, the 
     Attorney General shall award such funds to units of local 
     government in such State giving priority to the units of 
     local government that the Attorney General considers to have 
     the greatest need.
       ``(c) General Requirement.--Notwithstanding subsections (a) 
     and (b), not less than two-thirds of funds received by a 
     State under this part shall be distributed to units of local 
     government unless the State applies for and receives a waiver 
     from the Attorney General.
       ``(d) Federal Share.--The Federal share of a grant made 
     under this part may not exceed 75 percent of the total costs 
     of the projects described in the application submitted under 
     section 1802(a) for the fiscal year for which the projects 
     receive assistance under this part.
       ``(e) Consideration.--Notwithstanding subsections (a) and 
     (b), in awarding grants under this part, the Attorney General 
     shall consider as a factor whether a State has in effect 
     throughout such State a law or policy that requires that a 
     juvenile who is in possession of a firearm or other weapon on 
     school property or convicted of a crime involving the use of 
     a firearm or weapon on school property--
       ``(1) be suspended from school for a reasonable period of 
     time; and
       ``(2) lose driving license privileges for a reasonable 
     period of time.
       ``(f) Definition.--For purposes of this part, `juvenile' 
     means a person 18 years of age or younger.

     ``SEC. 1806. EVALUATION.

       ``(a) In General.--
       ``(1) Submission to the director.--Each State and unit of 
     local government that receives a grant under this part shall 
     submit to the Attorney General an evaluation not later than 
     March 1 of each year in accordance with guidelines issued by 
     the Attorney General. Such evaluation shall include an 
     appraisal by representatives of the community of the programs 
     funded by the grant.
       ``(2) Waiver.--The Attorney General may waive the 
     requirement specified in paragraph (1) if the Attorney 
     General determines that such evaluation is not warranted in 
     the case of the State or unit of local government involved.
       ``(b) Distribution.--The Attorney General shall make 
     available to the public on a timely basis evaluations 
     received under subsection (a).
       ``(c) Administrative Costs.--A State or unit of local 
     government may use not more than 5 percent of funds it 
     receives under this part to develop an evaluation program 
     under this section.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 10003(a), is 
     amended by striking the matter relating to part R and 
     inserting the following:

           ``Part R--Certain Punishments for Young Offenders

``Sec. 1801. Grant authorization.
``Sec. 1802. State applications.
``Sec. 1803. Review of State applications.
``Sec. 1804. Local applications.
``Sec. 1805. Allocation and distribution of funds.
``Sec. 1806. Evaluation.

             ``Part S--Transition--Effective Date--Repealer

``Sec. 1901. Continuation of rules, authorities, and proceedings.''.

       (c) Definition.--Section 901(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is 
     amended--
       (1) by adding a semicolon at the end of paragraph (21);
       (2) by striking ``and'' at the end of paragraph (22);
       (3) by striking the period at the end of paragraph (23) and 
     inserting a semicolon; and
       (4) by adding after paragraph (23) the following:
       ``(24) the term `young offender' means a non-violent first-
     time offender or a non-violent offender with a minor criminal 
     record who is 22 years of age or younger (including 
     juveniles).''.
       (d) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793), as amended by section 10003(c), is 
     amended--
       (1) in paragraph (3) by striking ``and Q'' and inserting 
     ``Q, or R''; and
       (2) by adding at the end the following new paragraph:
       ``(16) There are authorized to be appropriated to carry out 
     projects under part R--
       ``(A) $20,000,000 for fiscal year 1996;
       ``(B) $25,000,000 for fiscal year 1997;
       ``(C) $30,000,000 for fiscal year 1998;
       ``(D) $35,000,000 for fiscal year 1999; and
       ``(E) $40,000,000 for fiscal year 2000.''.
                    Subtitle C--Alien Incarceration

     SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

       (a) Incarceration.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended by adding at the 
     end the following new subsection:
       ``(j) Incarceration.--
       ``(1) If the chief executive officer of a State (or, if 
     appropriate, a political subdivision of the State) exercising 
     authority with respect to the incarceration of an 
     undocumented criminal alien submits a written request to the 
     Attorney General, the Attorney General shall, as determined 
     by the Attorney General--
       ``(A) enter into a contractual arrangement which provides 
     for compensation to the State or a political subdivision of 
     the State, as may be appropriate, with respect to the 
     incarceration of the undocumented criminal alien; or
       ``(B) take the undocumented criminal alien into the custody 
     of the Federal Government and incarcerate the alien.
       ``(2) Compensation under paragraph (1)(A) shall be the 
     average cost of incarceration of a prisoner in the relevant 
     State as determined by the Attorney General.
       ``(3) For purposes of this subsection, the term 
     `undocumented criminal alien' means an alien who--
       ``(A) has been convicted of a felony and sentenced to a 
     term of imprisonment; and
       ``(B)(i) entered the United States without inspection or at 
     any time or place other than as designated by the Attorney 
     General;
       ``(ii) was the subject of exclusion or deportation 
     proceedings at the time he or she was taken into custody by 
     the State or a political subdivision of the State; or
       ``(iii) was admitted as a nonimmigrant and at the time he 
     or she was taken into custody by the State or a political 
     subdivision of the State has failed to maintain the 
     nonimmigrant status in which the alien was admitted or to 
     which it was changed under section 248, or to comply with the 
     conditions of any such status.
       ``(4)(A) In carrying out paragraph (1), the Attorney 
     General shall give priority to the Federal incarceration of 
     undocumented criminal aliens who have committed aggravated 
     felonies.
       ``(B) The Attorney General shall ensure that undocumented 
     criminal aliens incarcerated in Federal facilities pursuant 
     to this subsection are held in facilities which provide a 
     level of security appropriate to the crimes for which they 
     were convicted.
       ``(5) There are authorized to be appropriated such sums as 
     may be necessary to carry out this subsection, of which the 
     following amounts may be appropriated from the Violent Crime 
     Reduction Trust Fund:
       ``(A) $130,000,000 for fiscal year 1995;
       ``(B) $300,000,000 for fiscal year 1996;
       ``(C) $330,000,000 for fiscal year 1997;
       ``(D) $350,000,000 for fiscal year 1998;
       ``(E) $350,000,000 for fiscal year 1999; and
       ``(F) $340,000,000 for fiscal year 2000.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect October 1, 1994.
       (c) Termination of Limitation.--Notwithstanding section 
     242(j)(5) of the Immigration and Nationality Act, as added by 
     subsection (a), the requirements of section 242(j) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     shall not be subject to the availability of appropriations on 
     and after October 1, 2004.
                  Subtitle D--Miscellaneous Provisions

     SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.

       Paragraph (b) of section 3621 of title 18, United States 
     Code, is amended by inserting after subsection (5) the 
     following: ``In designating the place of imprisonment or 
     making transfers under this subsection, there shall be no 
     favoritism given to prisoners of high social or economic 
     status.''.

     SEC. 20402. PRISON IMPACT ASSESSMENTS.

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

     ``Sec. 4047. Prison impact assessments

       ``(a) Any submission of legislation by the Judicial or 
     Executive branch which could increase or decrease the number 
     of persons incarcerated in Federal penal institutions shall 
     be accompanied by a prison impact statement (as defined in 
     subsection (b)).
       ``(b) The Attorney General shall, in consultation with the 
     Sentencing Commission and the Administrative Office of the 
     United States Courts, prepare and furnish prison impact 
     assessments under subsection (c) of this section, and in 
     response to requests from Congress for information relating 
     to a pending measure or matter that might affect the number 
     of defendants processed through the Federal criminal justice 
     system. A prison impact assessment on pending legislation 
     must be supplied within 21 days of any request. A prison 
     impact assessment shall include--
       ``(1) projections of the impact on prison, probation, and 
     post prison supervision populations;
       ``(2) an estimate of the fiscal impact of such population 
     changes on Federal expenditures, including those for 
     construction and operation of correctional facilities for the 
     current fiscal year and 5 succeeding fiscal years;
       ``(3) an analysis of any other significant factor affecting 
     the cost of the measure and its impact on the operations of 
     components of the criminal justice system; and
       ``(4) a statement of the methodologies and assumptions 
     utilized in preparing the assessment.
       ``(c) The Attorney General shall prepare and transmit to 
     the Congress, by March 1 of each year, a prison impact 
     assessment reflecting the cumulative effect of all relevant 
     changes in the law taking effect during the preceding 
     calendar year.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     303 is amended by adding at the end the following new item:

``4047. Prison impact assessments.''.

     SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT 
                   OF IMPRISONMENT, RELEASE, AND PROBATION.

       (a) Imposition of Sentence.--Section 3572(a) of title 18, 
     United States Code, is amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) the expected costs to the government of any 
     imprisonment, supervised release, or probation component of 
     the sentence;''.
       (b) Duties of the Sentencing Commission.--Section 994 of 
     title 28, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(y) The Commission, in promulgating guidelines pursuant 
     to subsection (a)(1), may include, as a component of a fine, 
     the expected costs to the Government of any imprisonment, 
     supervised release, or probation sentence that is ordered.''.

     SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW 
                   APPLIES.

       In the case of a prisoner convicted of an offense committed 
     prior to November 1, 1987, the reference to supervised 
     release in section 4042(b) of title 18, United States Code, 
     shall be deemed to be a reference to probation or parole.

     SEC. 20405. CREDITING OF ``GOOD TIME''.

       Section 3624 of title 18, United States Code, is amended--
       (1) by striking ``he'' each place it appears and inserting 
     ``the prisoner'';
       (2) by striking ``his'' each place it appears and inserting 
     ``the prisoner's'';
       (3) in subsection (d) by striking ``him'' and inserting 
     ``the prisoner''; and
       (4) in subsection (b)--
       (A) in the first sentence by inserting ``(other than a 
     prisoner serving a sentence for a crime of violence)'' after 
     ``A prisoner''; and
       (B) by inserting after the first sentence the following: 
     ``A prisoner who is serving a term of imprisonment of more 
     than 1 year for a crime of violence, other than a term of 
     imprisonment for the duration of the prisoner's life, may 
     receive credit toward the service of the prisoner's sentence, 
     beyond the time served, of up to 54 days at the end of each 
     year of the prisoner's term of imprisonment, beginning at the 
     end of the first year of the term, subject to determination 
     by the Bureau of Prisons that, during that year, the prisoner 
     has displayed exemplary compliance with such institutional 
     disciplinary regulations.''.

     SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION 
                   AND TECHNIQUES.

       (a) Task Force.--The Director of the National Institute of 
     Corrections shall, subject to availability of appropriations, 
     establish a task force composed of Federal, State, and local 
     officials expert in prison construction, and of at least an 
     equal number of engineers, architects, and construction 
     experts from the private sector with expertise in prison 
     design and construction, including the use of cost-cutting 
     construction standardization techniques and cost-cutting new 
     building materials and technologies.
       (b) Cooperation.--The task force shall work in close 
     cooperation and communication with other State and local 
     officials responsible for prison construction in their 
     localities.
       (c) Performance Requirements.--The task force shall work 
     to--
       (1) establish and recommend standardized construction plans 
     and techniques for prison and prison component construction; 
     and
       (2) evaluate and recommend new construction technologies, 
     techniques, and materials,

     to reduce prison construction costs at the Federal, State, 
     and local levels and make such construction more efficient.
       (d) Dissemination.--The task force shall disseminate 
     information described in subsection (c) to State and local 
     officials involved in prison construction, through written 
     reports and meetings.
       (e) Promotion and Evaluation.--The task force shall--
       (1) work to promote the implementation of cost-saving 
     efforts at the Federal, State, and local levels;
       (2) evaluate and advise on the results and effectiveness of 
     such cost-saving efforts as adopted, broadly disseminating 
     information on the results; and
       (3) to the extent feasible, certify the effectiveness of 
     the cost-savings efforts.

     SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.

       (a) In General.--In the administration of each grant 
     program funded by appropriations authorized by this Act or by 
     an amendment made by this Act, the Attorney General shall 
     encourage--
       (1) innovative methods for the low-cost construction of 
     facilities to be constructed, converted, or expanded and the 
     low-cost operation of such facilities and the reduction of 
     administrative costs and overhead expenses; and
       (2) the use of surplus Federal property.
       (b) Assessment of Construction Components and Designs.--The 
     Attorney General may make an assessment of the cost 
     efficiency and utility of using modular, prefabricated, 
     precast, and pre-engineered construction components and 
     designs for housing nonviolent criminals.

     SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION 
                   ORGANIZATION ACT AND THE NATIONAL LITERACY ACT 
                   OF 1991.

       (a) Technical Amendment.--The matter preceding paragraph 
     (1) of section 214(d) of the Department of Education 
     Organization Act (20 U.S.C. 3423a(d)) is amended by striking 
     ``under subsection (a)'' and inserting ``under subsection 
     (c)''.
       (b) Establishment of a Panel and Use of Funds.--Section 601 
     of the National Literacy Act of 1991 (20 U.S.C. 1211-2) is 
     amended--
       (1) by redesignating subsection (g) as subsection (i); and
       (2) by inserting after subsection (f) the following new 
     subsections:
       ``(g) Panel.--The Secretary is authorized to consult with 
     and convene a panel of experts in correctional education, 
     including program administrators and field-based 
     professionals in adult corrections, juvenile services, jails, 
     and community corrections programs, to--
       ``(1) develop measures for evaluating the effectiveness of 
     the programs funded under this section; and
       ``(2) evaluate the effectiveness of such programs.
       ``(h) Use of Funds.--Notwithstanding any other provision of 
     law, the Secretary may use not more than five percent of 
     funds appropriated under subsection (i) in any fiscal year to 
     carry out grant-related activities such as monitoring, 
     technical assistance, and replication and dissemination.''.

     SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.

       (a) Amendment of Title 18, United States Code.--Subchapter 
     C of chapter 229 of part 2 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``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) shall not be 
     construed to have any effect on Federal judicial power to 
     issue equitable relief other than that described in paragraph 
     (1), including the requirement of improved medical or health 
     care and the imposition of civil contempt fines or damages, 
     where such relief is appropriate.
       ``(c) Periodic Reopening.--Each Federal court order or 
     consent decree seeking to remedy an eighth amendment 
     violation shall be reopened at the behest of a defendant for 
     recommended modification at a minimum of 2-year intervals.''.
       (b) Application of Amendment.--Section 3626 of title 18, 
     United States Code, as added by paragraph (1), shall apply to 
     all outstanding court orders on the date of enactment of this 
     Act. Any State or municipality shall be entitled to seek 
     modification of any outstanding eighth amendment decree 
     pursuant to that section.
       (c) Technical Amendment.--The subchapter analysis for 
     subchapter C of chapter 229 of title 18, United States Code, 
     is amended by adding at the end the following new item:

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

       (d) Sunset Provision.--This section and the amendments made 
     by this section are repealed effective as of the date that is 
     5 years after the date of enactment of this Act.

     SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON 
                   AND CONGRESSIONAL HEARINGS ON FUTURE NEEDS.

       (a) Congressional Approval.--Notwithstanding any other 
     provision of law, the existing prison facilities and complex 
     at the District of Columbia Corrections Facility at Lorton, 
     Virginia, shall not be expanded unless such expansion has 
     been approved by the Congress under the authority provided to 
     Congress in section 446 of the District of Columbia Self-
     Government and Governmental Reorganization Act.
       (b) Senate Hearings.--The Senate directs the Subcommittee 
     on the District of Columbia of the Committee on 
     Appropriations of the Senate to conduct hearings regarding 
     expansion of the prison complex in Lorton, Virginia, prior to 
     any approval granted pursuant to subsection (a). The 
     subcommittee shall permit interested parties, including 
     appropriate officials from the County of Fairfax, Virginia, 
     to testify at such hearings.
       (c) Definition.--For purposes of this section, the terms 
     ``expanded'' and ``expansion'' mean any alteration of the 
     physical structure of the prison complex that is made to 
     increase the number of inmates incarcerated at the prison.

     SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.

       (a) In General.--Section 401(b)(8) of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as 
     follows:
       ``(8) No basic grant shall be awarded under this subpart to 
     any individual who is incarcerated in any Federal or State 
     penal institution.''.
       (b) Application of Amendment.--The amendment made by this 
     section shall apply with respect to periods of enrollment 
     beginning on or after the date of enactment of this Act.

     SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.

       Section 3624(b) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``behavior.--'';
       (2) by striking ``Such credit toward service of sentence 
     vests at the time that it is received. Credit that has vested 
     may not later be withdrawn, and credit that has not been 
     earned may not later be granted.'' and inserting ``Credit 
     that has not been earned may not later be granted.''; and
       (3) by adding at the end the following:
       ``(2) Credit toward a prisoner's service of sentence shall 
     not be vested unless the prisoner has earned or is making 
     satisfactory progress toward a high school diploma or an 
     equivalent degree.
       ``(3) The Attorney General shall ensure that the Bureau of 
     Prisons has in effect an optional General Educational 
     Development program for inmates who have not earned a high 
     school diploma or its equivalent.
       ``(4) Exemptions to the General Educational Development 
     requirement may be made as deemed appropriate by the Director 
     of the Federal Bureau of Prisons.''.

     SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO 
                   FEDERAL PRISON FACILITIES.

       (a) Study of Suitable Bases.--The Secretary of Defense and 
     the Attorney General shall jointly conduct a study of all 
     military installations selected before the date of enactment 
     of this Act to be closed pursuant to a base closure law for 
     the purpose of evaluating the suitability of any of these 
     installations, or portions of these installations, for 
     conversion into Federal prison facilities. As part of the 
     study, the Secretary and the Attorney General shall identify 
     the military installations so evaluated that are most 
     suitable for conversion into Federal prison facilities.
       (b) Suitability for Conversion.--In evaluating the 
     suitability of a military installation for conversion into a 
     Federal prison facility, the Secretary of Defense and the 
     Attorney General shall consider the estimated cost to convert 
     the installation into a prison facility and such other 
     factors as the Secretary and the Attorney General consider to 
     be appropriate.
       (c) Time for Study.--The study required by subsection (a) 
     shall be completed not later than the date that is 180 days 
     after the date of enactment of this Act.
       (d) Construction of Federal Prisons.--
       (1) In general.--In determining where to locate any new 
     Federal prison facility, and in accordance with the 
     Department of Justice's duty to review and identify a use for 
     any portion of an installation closed pursuant to title II of 
     the Defense Authorization Amendments and Base Closure and 
     Realignment Act (Public Law 100-526) and the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510), the Attorney General shall--
       (A) consider whether using any portion of a military 
     installation closed or scheduled to be closed in the region 
     pursuant to a base closure law provides a cost-effective 
     alternative to the purchase of real property or construction 
     of new prison facilities;
       (B) consider whether such use is consistent with a 
     reutilization and redevelopment plan; and
       (C) give consideration to any installation located in a 
     rural area the closure of which will have a substantial 
     adverse impact on the economy of the local communities and on 
     the ability of the communities to sustain an economic 
     recovery from such closure.
       (2) Consent.--With regard to paragraph (1)(B), consent must 
     be obtained from the local re-use authority for the military 
     installation, recognized and funded by the Secretary of 
     Defense, before the Attorney General may proceed with plans 
     for the design or construction of a prison at the 
     installation.
       (3) Report on basis of decision.--Before proceeding with 
     plans for the design or construction of a Federal prison, the 
     Attorney General shall submit to Congress a report explaining 
     the basis of the decision on where to locate the new prison 
     facility.
       (4) Report on cost-effectiveness.--If the Attorney General 
     decides not to utilize any portion of a closed military 
     installation or an installation scheduled to be closed for 
     locating a prison, the report shall include an analysis of 
     why installations in the region, the use of which as a prison 
     would be consistent with a reutilization and redevelopment 
     plan, does not provide a cost-effective alternative to the 
     purchase of real property or construction of new prison 
     facilities.
       (e) Definition.--In this section, ``base closure law'' 
     means--
       (1) the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note); and
       (2) title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).

     SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL 
                   OFFENDERS.

       (a) Drug Testing Program.--
       (1) In general.--Subchapter A of chapter 229 of title 18, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3608. Drug testing of Federal offenders on post-
       conviction release

       ``The Director of the Administrative Office of the United 
     States Courts, in consultation with the Attorney General and 
     the Secretary of Health and Human Services, shall, subject to 
     the availability of appropriations, establish a program of 
     drug testing of Federal offenders on post-conviction release. 
     The program shall include such standards and guidelines as 
     the Director may determine necessary to ensure the 
     reliability and accuracy of the drug testing programs. In 
     each judicial district the chief probation officer shall 
     arrange for the drug testing of defendants on post-conviction 
     release pursuant to a conviction for a felony or other 
     offense described in section 3563(a)(4).''.
       (2) Technical amendment.--The subchapter analysis for 
     subchapter A of chapter 229 of title 18, United States Code, 
     is amended by adding at the end the following new item:

``3608. Drug testing of Federal offenders on post-conviction 
              release.''.

       (b) Conditions of Probation.--Section 3563(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (2) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3) by striking the period and inserting 
     ``; and'';
       (3) by adding at the end the following new paragraph:
       ``(4) for a felony, a misdemeanor, or an infraction, that 
     the defendant refrain from any unlawful use of a controlled 
     substance and submit to one drug test within 15 days of 
     release on probation and at least 2 periodic drug tests 
     thereafter (as determined by the court) for use of a 
     controlled substance, but the condition stated in this 
     paragraph may be ameliorated or suspended by the court for 
     any individual defendant if the defendant's presentence 
     report or other reliable sentencing information indicates a 
     low risk of future substance abuse by the defendant.''; and
       (4) by adding at the end the following: ``The results of a 
     drug test administered in accordance with paragraph (4) shall 
     be subject to confirmation only if the results are positive, 
     the defendant is subject to possible imprisonment for such 
     failure, and either the defendant denies the accuracy of such 
     test or there is some other reason to question the results of 
     the test. A defendant who tests positive may be detained 
     pending verification of a positive drug test result. A drug 
     test confirmation shall be a urine drug test confirmed using 
     gas chromatography/mass spectrometry techniques or such test 
     as the Director of the Administrative Office of the United 
     States Courts after consultation with the Secretary of Health 
     and Human Services may determine to be of equivalent 
     accuracy. The court shall consider whether the availability 
     of appropriate substance abuse treatment programs, or an 
     individual's current or past participation in such programs, 
     warrants an exception in accordance with United States 
     Sentencing Commission guidelines from the rule of section 
     3565(b), when considering any action against a defendant who 
     fails a drug test administered in accordance with paragraph 
     (4).''.
       (c) Conditions of Supervised Release.--Section 3583(d) of 
     title 18, United States Code, is amended by inserting after 
     the first sentence the following: ``The court shall also 
     order, as an explicit condition of supervised release, that 
     the defendant refrain from any unlawful use of a controlled 
     substance and submit to a drug test within 15 days of release 
     on supervised release and at least 2 periodic drug tests 
     thereafter (as determined by the court) for use of a 
     controlled substance. The condition stated in the preceding 
     sentence may be ameliorated or suspended by the court as 
     provided in section 3563(a)(4). The results of a drug test 
     administered in accordance with the preceding subsection 
     shall be subject to confirmation only if the results are 
     positive, the defendant is subject to possible imprisonment 
     for such failure, and either the defendant denies the 
     accuracy of such test or there is some other reason to 
     question the results of the test. A drug test confirmation 
     shall be a urine drug test confirmed using gas 
     chromatography/mass spectrometry techniques or such test as 
     the Director of the Administrative Office of the United 
     States Courts after consultation with the Secretary of Health 
     and Human Services may determine to be of equivalent 
     accuracy. The court shall consider whether the availability 
     of appropriate substance abuse treatment programs, or an 
     individual's current or past participation in such programs, 
     warrants an exception in accordance with United States 
     Sentencing Commission guidelines from the rule of section 
     3583(g) when considering any action against a defendant who 
     fails a drug test.''.
       (d) Conditions of Parole.--Section 4209(a) of title 18, 
     United States Code, is amended by inserting after the first 
     sentence the following: ``In every case, the Commission shall 
     also impose as a condition of parole that the parolee pass a 
     drug test prior to release and refrain from any unlawful use 
     of a controlled substance and submit to at least 2 periodic 
     drug tests (as determined by the Commission) for use of a 
     controlled substance. The condition stated in the preceding 
     sentence may be ameliorated or suspended by the Commission 
     for any individual parolee if it determines that there is 
     good cause for doing so. The results of a drug test 
     administered in accordance with the provisions of the 
     preceding sentence shall be subject to confirmation only if 
     the results are positive, the defendant is subject to 
     possible imprisonment for such failure, and either the 
     defendant denies the accuracy of such test or there is some 
     other reason to question the results of the test. A drug test 
     confirmation shall be a urine drug test confirmed using gas 
     chromatography/mass spectrometry techniques or such test as 
     the Director of the Administrative Office of the United 
     States Courts after consultation with the Secretary of Health 
     and Human Services may determine to be of equivalent 
     accuracy. The Commission shall consider whether the 
     availability of appropriate substance abuse treatment 
     programs, or an individual's current or past participation in 
     such programs, warrants an exception in accordance with 
     United States Sentencing Commission guidelines from the rule 
     of section 4214(f) when considering any action against a 
     defendant who fails a drug test.''.

     SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT 
                   CLERKS.

       (a) In General.--Section 6050I of the Internal Revenue Code 
     of 1986 (relating to returns relating to cash received in 
     trade or business) is amended by adding at the end the 
     following new subsection:
       ``(g) Cash Received by Criminal Court Clerks.--
       ``(1) In general.--Every clerk of a Federal or State 
     criminal court who receives more than $10,000 in cash as bail 
     for any individual charged with a specified criminal offense 
     shall make a return described in paragraph (2) (at such time 
     as the Secretary may by regulations prescribe) with respect 
     to the receipt of such bail.
       ``(2) Return.--A return is described in this paragraph if 
     such return--
       ``(A) is in such form as the Secretary may prescribe, and
       ``(B) contains--
       ``(i) the name, address, and TIN of--

       ``(I) the individual charged with the specified criminal 
     offense, and

       ``(II) each person posting the bail (other than a person 
     licensed as a bail bondsman),

       ``(ii) the amount of cash received,
       ``(iii) the date the cash was received, and
       ``(iv) such other information as the Secretary may 
     prescribe.
       ``(3) Specified criminal offense.--For purposes of this 
     subsection, the term `specified criminal offense' means--
       ``(A) any Federal criminal offense involving a controlled 
     substance,
       ``(B) racketeering (as defined in section 1951, 1952, or 
     1955 of title 18, United States Code),
       ``(C) money laundering (as defined in section 1956 or 1957 
     of such title), and
       ``(D) any State criminal offense substantially similar to 
     an offense described in subparagraph (A), (B), or (C).
       ``(4) Information to federal prosecutors.--Each clerk 
     required to include on a return under paragraph (1) the 
     information described in paragraph (2)(B) with respect to an 
     individual described in paragraph (2)(B)(i)(I) shall furnish 
     (at such time as the Secretary may by regulations prescribe) 
     a written statement showing such information to the United 
     States Attorney for the jurisdiction in which such individual 
     resides and the jurisdiction in which the specified criminal 
     offense occurred.
       ``(5) Information to payors of bail.--Each clerk required 
     to make a return under paragraph (1) shall furnish (at such 
     time as the Secretary may by regulations prescribe) to each 
     person whose name is required to be set forth in such return 
     by reason of paragraph (2)(B)(i)(II) a written statement 
     showing--
       ``(A) the name and address of the clerk's office required 
     to make the return, and
       ``(B) the aggregate amount of cash described in paragraph 
     (1) received by such clerk.''.
       (b) Conforming Amendments.--
       (1) Clause (iv) of section 6724(d)(1)(B) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(iv) section 6050I (a) or (g)(1) (relating to cash 
     received in trade or business, etc.),''.
       (2) Subparagraph (K) of section 6724(d)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(K) section 6050I(e) or paragraph (4) or (5) of section 
     6050I(g) (relating to cash received in trade or business, 
     etc.),''.
       (3) The heading for section 6050I of the Internal Revenue 
     Code of 1986 is amended by striking ``BUSINESS'' and 
     inserting ``BUSINESS, ETC.''.
       (4) The table of sections for subpart B of part III of 
     subchapter A of chapter A of chapter 61 of the Internal 
     Revenue Code of 1986 is amended by striking ``business'' and 
     inserting ``business, etc.'' in the item relating to section 
     6050I.
       (c) Regulations.--The Secretary of the Treasury or the 
     Secretary's delegate shall prescribe temporary regulations 
     under the amendments made by this section within 90 days 
     after the date of enactment of this Act.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the 60th day after the date on which the 
     temporary regulations are prescribed under subsection (c).

     SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

       (a) Exhaustion of Administrative Remedies.--Section 7 of 
     the Civil Rights of Institutionalized Persons Act (42 U.S.C. 
     1997e) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``ninety days'' and 
     inserting ``180 days''; and
       (B) in paragraph (2), by inserting before the period at the 
     end the following: ``or are otherwise fair and effective''; 
     and
       (2) in subsection (c)--
       (A) in paragraph (1) by inserting before the period at the 
     end the following: ``or are otherwise fair and effective''; 
     and
       (B) in paragraph (2) by inserting before the period at the 
     end the following: ``or is no longer fair and effective''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of enactment of this Act.

     SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.

       Section 4042 of title 18, United States Code, is amended--
       (1) by striking ``The Bureau'' and inserting ``(a) In 
     General.--The Bureau'';
       (2) by striking ``This section'' and inserting ``(c) 
     Application of Section.--This section'';
       (3) in paragraph (4) of subsection (a), as designated by 
     paragraph (1)--
       (A) by striking ``Provide'' and inserting ``provide''; and
       (B) by striking the period at the end and inserting ``; 
     and'';
       (4) by inserting after paragraph (4) of subsection (a), as 
     designated by paragraph (1), the following new paragraph:
       ``(5) provide notice of release of prisoners in accordance 
     with subsection (b).''; and
       (5) by inserting after subsection (a), as designated by 
     paragraph (1), the following new subsection:
       ``(b) Notice of Release of Prisoners.--(1) At least 5 days 
     prior to the date on which a prisoner described in paragraph 
     (3) is to be released on supervised release, or, in the case 
     of a prisoner on supervised release, at least 5 days prior to 
     the date on which the prisoner changes residence to a new 
     jurisdiction, written notice of the release or change of 
     residence shall be provided to the chief law enforcement 
     officer of the State and of the local jurisdiction in which 
     the prisoner will reside. Notice prior to release shall be 
     provided by the Director of the Bureau of Prisons. Notice 
     concerning a change of residence following release shall be 
     provided by the probation officer responsible for the 
     supervision of the released prisoner, or in a manner 
     specified by the Director of the Administrative Office of the 
     United States Courts. The notice requirements under this 
     subsection do not apply in relation to a prisoner being 
     protected under chapter 224.
       ``(2) A notice under paragraph (1) shall disclose--
       ``(A) the prisoner's name;
       ``(B) the prisoner's criminal history, including a 
     description of the offense of which the prisoner was 
     convicted; and
       ``(C) any restrictions on conduct or other conditions to 
     the release of the prisoner that are imposed by law, the 
     sentencing court, or the Bureau of Prisons or any other 
     Federal agency.
       ``(3) A prisoner is described in this paragraph if the 
     prisoner was convicted of--
       ``(A) a drug trafficking crime, as that term is defined in 
     section 924(c)(2); or
       ``(B) a crime of violence (as defined in section 
     924(c)(3)).
       ``(4) The notice provided under this section shall be used 
     solely for law enforcement purposes.''.

     SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.

       (a) Purpose.--It is the purpose of this section to 
     encourage and support job training programs, and job 
     placement programs, that provide services to incarcerated 
     persons or ex-offenders.
       (b) Definitions.--As used in this section:
       (1) Correctional institution.--The term ``correctional 
     institution'' means any prison, jail, reformatory, work farm, 
     detention center, or halfway house, or any other similar 
     institution designed for the confinement or rehabilitation of 
     criminal offenders.
       (2) Correctional job training or placement program.--The 
     term ``correctional job training or placement program'' means 
     an activity that provides job training or job placement 
     services to incarcerated persons or ex-offenders, or that 
     assists incarcerated persons or ex-offenders in obtaining 
     such services.
       (3) Ex-offender.--The term ``ex-offender'' means any 
     individual who has been sentenced to a term of probation by a 
     Federal or State court, or who has been released from a 
     Federal, State, or local correctional institution.
       (4) Incarcerated person.--The term ``incarcerated person'' 
     means any individual incarcerated in a Federal or State 
     correctional institution who is charged with or convicted of 
     any criminal offense.
       (c) Establishment of Office.--
       (1) In general.--The Attorney General shall establish 
     within the Department of Justice an Office of Correctional 
     Job Training and Placement. The Office shall be headed by a 
     Director, who shall be appointed by the Attorney General.
       (2) Timing.--The Attorney General shall carry out this 
     subsection not later than 6 months after the date of 
     enactment of this section.
       (d) Functions of Office.--The Attorney General, acting 
     through the Director of the Office of Correctional Job 
     Training and Placement, in consultation with the Secretary of 
     Labor, shall--
       (1) assist in coordinating the activities of the Federal 
     Bonding Program of the Department of Labor, the activities of 
     the Department of Labor related to the certification of 
     eligibility for targeted jobs credits under section 51 of the 
     Internal Revenue Code of 1986 with respect to ex-offenders, 
     and any other correctional job training or placement program 
     of the Department of Justice or Department of Labor;
       (2) provide technical assistance to State and local 
     employment and training agencies that--
       (A) receive financial assistance under this Act; or
       (B) receive financial assistance through other programs 
     carried out by the Department of Justice or Department of 
     Labor, for activities related to the development of 
     employability;
       (3) prepare and implement the use of special staff training 
     materials, and methods, for developing the staff competencies 
     needed by State and local agencies to assist incarcerated 
     persons and ex-offenders in gaining marketable occupational 
     skills and job placement;
       (4) prepare and submit to Congress an annual report on the 
     activities of the Office of Correctional Job Training and 
     Placement, and the status of correctional job training or 
     placement programs in the United States;
       (5) cooperate with other Federal agencies carrying out 
     correctional job training or placement programs to ensure 
     coordination of such programs throughout the United States;
       (6) consult with, and provide outreach to--
       (A) State job training coordinating councils, 
     administrative entities, and private industry councils, with 
     respect to programs carried out under this Act; and
       (B) other State and local officials, with respect to other 
     employment or training programs carried out by the Department 
     of Justice or Department of Labor;
       (7) collect from States information on the training 
     accomplishments and employment outcomes of a sample of 
     incarcerated persons and ex-offenders who were served by 
     employment or training programs carried out, or that receive 
     financial assistance through programs carried out, by the 
     Department of Justice or Department of Labor; and
       (8)(A) collect from States and local governments 
     information on the development and implementation of 
     correctional job training or placement programs; and
       (B) disseminate such information, as appropriate.
                      TITLE III--CRIME PREVENTION
                Subtitle A--Ounce of Prevention Council

     SEC. 30101. OUNCE OF PREVENTION COUNCIL.

       (a) Establishment.--
       (1) In general.--There is established an Ounce of 
     Prevention Council (referred to in this title as the 
     ``Council''), the members of which--
       (A) shall include the Attorney General, the Secretary of 
     Education, the Secretary of Health and Human Services, the 
     Secretary of Housing and Urban Development, the Secretary of 
     Labor, the Secretary of Agriculture, the Secretary of the 
     Treasury, the Secretary of the Interior, and the Director of 
     the Office of National Drug Control Policy; and
       (B) may include other officials of the executive branch as 
     directed by the President.
       (2) Chair.--The President shall designate the Chair of the 
     Council from among its members (referred to in this title as 
     the ``Chair'').
       (3) Staff.--The Council may employ any necessary staff to 
     carry out its functions, and may delegate any of its 
     functions or powers to a member or members of the Council.
       (b) Program Coordination.--For any program authorized under 
     the Violent Crime Control and Law Enforcement Act of 1994, 
     the Ounce of Prevention Council Chair, only at the request of 
     the Council member with jurisdiction over that program, may 
     coordinate that program, in whole or in part, through the 
     Council.
       (c) Administrative Responsibilities and Powers.--In 
     addition to the program coordination provided in subsection 
     (b), the Council shall be responsible for such functions as 
     coordinated planning, development of a comprehensive crime 
     prevention program catalogue, provision of assistance to 
     communities and community-based organizations seeking 
     information regarding crime prevention programs and 
     integrated program service delivery, and development of 
     strategies for program integration and grant simplification. 
     The Council shall have the authority to audit the expenditure 
     of funds received by grantees under programs administered by 
     or coordinated through the Council. In consultation with the 
     Council, the Chair may issue regulations and guidelines to 
     carry out this subtitle and programs administered by or 
     coordinated through the Council.

     SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.

       (a) In General.--The Council may make grants for--
       (1) summer and after-school (including weekend and holiday) 
     education and recreation programs;
       (2) mentoring, tutoring, and other programs involving 
     participation by adult role models (such as D.A.R.E. 
     America);
       (3) programs assisting and promoting employability and job 
     placement; and
       (4) prevention and treatment programs to reduce substance 
     abuse, child abuse, and adolescent pregnancy, including 
     outreach programs for at-risk families.
       (b) Applicants.--Applicants may be Indian tribal 
     governments, cities, counties, or other municipalities, 
     school boards, colleges and universities, private nonprofit 
     entities, or consortia of eligible applicants. Applicants 
     must show that a planning process has occurred that has 
     involved organizations, institutions, and residents of target 
     areas, including young people, and that there has been 
     cooperation between neighborhood-based entities, 
     municipality-wide bodies, and local private-sector 
     representatives. Applicants must demonstrate the substantial 
     involvement of neighborhood-based entities in the carrying 
     out of the proposed activities. Proposals must demonstrate 
     that a broad base of collaboration and coordination will 
     occur in the implementation of the proposed activities, 
     involving cooperation among youth-serving organizations, 
     schools, health and social service providers, employers, law 
     enforcement professionals, local government, and residents of 
     target areas, including young people. Applications shall be 
     geographically based in particular neighborhood or sections 
     of municipalities or particular segments of rural areas, and 
     applications shall demonstrate how programs will serve 
     substantial proportions of children and youth resident in the 
     target area with activities designed to have substantial 
     impact on their lives.
       (c) Priority.--In making such grants, the Council shall 
     give preference to coalitions consisting of a broad spectrum 
     of community-based and social service organizations that have 
     a coordinated team approach to reducing gang membership and 
     the effects of substance abuse, and providing alternatives to 
     at-risk youth.
       (d) Federal Share.--
       (1) In general.--The Federal share of a grant made under 
     this part may not exceed 75 percent of the total costs of the 
     projects described in the applications submitted under 
     subsection (b) for the fiscal year for which the projects 
     receive assistance under this title.
       (2) Waiver.--The Council may waive the 25 percent matching 
     requirement under paragraph (1) upon making a determination 
     that a waiver is equitable in view of the financial 
     circumstances affecting the ability of the applicant to meet 
     that requirement.
       (3) Non-federal share.--The non-Federal share of such costs 
     may be in cash or in kind, fairly evaluated, including plant, 
     equipment, and services.
       (4) Nonsupplanting requirement.--Funds made available under 
     this title to a governmental entity shall not be used to 
     supplant State or local funds, or in the case of Indian 
     tribal governments, funds supplied by the Bureau of Indian 
     Affairs, but shall be used to increase the amount of funds 
     that would, in the absence of Federal funds received under 
     this title, be made available from State or local sources, or 
     in the case of Indian tribal governments, from funds supplied 
     by the Bureau of Indian Affairs.
       (5) Evaluation.--The Council shall conduct a thorough 
     evaluation of the programs assisted under this title.

     SEC. 30103. DEFINITION.

       In this subtitle, ``Indian tribe'' means a tribe, band, 
     pueblo, nation, or other organized group or community of 
     Indians, including an Alaska Native village (as defined in or 
     established under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.), that is recognized as eligible for the 
     special programs and services provided by the United States 
     to Indians because of their status as Indians.

     SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $1,500,000 for fiscal year 1995;
       (2) $14,700,000 for fiscal year 1996;
       (3) $18,000,000 for fiscal year 1997;
       (4) $18,000,000 for fiscal year 1998;
       (5) $18,900,000 for fiscal year 1999; and
       (6) $18,900,000 for fiscal year 2000.
         Subtitle B--Local Crime Prevention Block Grant Program

     SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.

       (a) Payment and Use.--
       (1) Payment.--The Attorney General, shall pay to each unit 
     of general local government which qualifies for a payment 
     under this subtitle an amount equal to the sum of any amounts 
     allocated to the government under this subtitle for each 
     payment period. The Attorney General shall pay such amount 
     from amounts appropriated under section 30202.
       (2) Use.--Amounts paid to a unit of general local 
     government under this section shall be used by that unit for 
     carrying out one or more of the following purposes:
       (A) Education, training, research, prevention, diversion, 
     treatment, and rehabilitation programs to prevent juvenile 
     violence, juvenile gangs, and the use and sale of illegal 
     drugs by juveniles.
       (B) Programs to prevent crimes against the elderly based on 
     the concepts of the Triad model.
       (C) Programs that prevent young children from becoming gang 
     involved, including the award of grants or contracts to 
     community-based service providers that have a proven track 
     record of providing services to children ages 5 to 18.
       (D) Saturation jobs programs, offered either separately or 
     in conjunction with the services provided for under the Youth 
     Fair Chance Program, that provide employment opportunities 
     leading to permanent unsubsidized employment for 
     disadvantaged young adults 16 through 25 years of age.
       (E) Midnight sports league programs that shall require each 
     player in the league to attend employment counseling, job 
     training, and other educational classes provided under the 
     program, which shall be held in conjunction with league 
     sports games at or near the site of the games.
       (F) Supervised sports and recreation programs, including 
     Olympic Youth Development Centers established in cooperation 
     with the United States Olympic Committee, that are offered--
       (i) after school and on weekends and holidays, during the 
     school year; and
       (ii) as daily (or weeklong) full-day programs (to the 
     extent available resources permit) or as part-day programs, 
     during the summer months.
       (G) Prevention and enforcement programs to reduce--
       (i) the formation or continuation of juvenile gangs; and
       (ii) the use and sale of illegal drugs by juveniles.
       (H) Youth anticrime councils to give intermediate and 
     secondary school students a structured forum through which to 
     work with community organizations, law enforcement officials, 
     government and media representatives, and school 
     administrators and faculty to address issues regarding youth 
     and violence.
       (I) Award of grants or contracts to the Boys and Girls 
     Clubs of America, a national nonprofit youth organization, to 
     establish Boys and Girls Clubs in public housing.
       (J) Supervised visitation centers for children who have 
     been removed from their parents and placed outside the home 
     as a result of abuse or neglect or other risk of harm to them 
     and for children whose parents are separated or divorced and 
     the children are at risk because--
       (i) there is documented sexual, physical, or emotional 
     abuse as determined by a court of competent jurisdiction;
       (ii) there is suspected or elevated risk of sexual, 
     physical, or emotional abuse, or there have been threats of 
     parental abduction of the child;
       (iii) due to domestic violence, there is an ongoing risk of 
     harm to a parent or child;
       (iv) a parent is impaired because of substance abuse or 
     mental illness;
       (v) there are allegations that a child is at risk for any 
     of the reasons stated in clauses (i), (ii), (iii), and (iv), 
     pending an investigation of the allegations; or
       (vi) other circumstances, as determined by a court of 
     competent jurisdiction, point to the existence of such a 
     risk.
       (K) Family Outreach Teams which provide a youth worker, a 
     parent worker, and a school-parent organizer to provide 
     training in outreach, mentoring, community organizing and 
     peer counseling and mentoring to locally recruited volunteers 
     in a particular area.
       (L) To establish corridors of safety for senior citizens by 
     increasing the numbers, presence, and watchfulness of law 
     enforcement officers, community groups, and business owners 
     and employees.
       (M) Teams or units involving both specially trained law 
     enforcement professionals and child or family services 
     professionals that on a 24-hour basis respond to or deal with 
     violent incidents in which a child is involved as a 
     perpetrator, witness, or victim.
       (N) Dwelling units to law enforcement officers without 
     charge or at a substantially reduced rent for the purpose of 
     providing greater security for residents of high crime areas.
       (b) Timing of Payments.--The Attorney General shall pay 
     each amount allocated under this subtitle to a unit of 
     general local government for a payment period by the later of 
     90 days after the date the amount is available or the first 
     day of the payment period if the unit of general local 
     government has provided the Attorney General with the 
     assurances required by section 30203(d).
       (c) Adjustments.--
       (1) In general.--Subject to paragraph (2), the Attorney 
     General shall adjust a payment under this subtitle to a unit 
     of general local government to the extent that a prior 
     payment to the government was more or less than the amount 
     required to be paid.
       (2) Considerations.--The Attorney General may increase or 
     decrease under this subsection a payment to a unit of general 
     local government only if the Attorney General determines the 
     need for the increase or decrease, or the unit requests the 
     increase or decrease, within one year after the end of the 
     payment period for which the payment was made.
       (d) Reservation for Adjustments.--The Attorney General may 
     reserve a percentage of not more than 2 percent of the amount 
     under this section for a payment period for all units of 
     general local government in a State if the Attorney General 
     considers the reserve is necessary to ensure the availability 
     of sufficient amounts to pay adjustments after the final 
     allocation of amounts among the units of general local 
     government in the State.
       (e) Repayment of Unexpended Amounts.--
       (1) Repayment required.--A unit of general local government 
     shall repay to the Attorney General, by not later than 15 
     months after receipt from the Attorney General, any amount 
     that is--
       (A) paid to the unit from amounts appropriated under the 
     authority of this section; and
       (B) not expended by the unit within one year after receipt 
     from the Attorney General.
       (2) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Attorney General shall reduce 
     payments in future payment periods accordingly.
       (3) Deposit of amounts repaid.--Amounts received by the 
     Attorney General as repayments under this subsection shall be 
     deposited in a designated fund for future payments to units 
     of general local government.
       (f) Nonsupplanting Requirement.--Funds made available under 
     this subtitle to units of local government shall not be used 
     to supplant State or local funds, but will be used to 
     increase the amount of funds that would, in the absence of 
     funds under this subtitle, be made available from State or 
     local sources.

     SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subtitle--
       (1) $75,940,000 for fiscal year 1996;
       (2) $75,940,000 for fiscal year 1997;
       (3) $75,940,000 for fiscal year 1998;
       (4) $75,940,000 for fiscal year 1999; and
       (5) $73,240,000 for fiscal year 2000.
     Such sums are to remain available until expended.
       (b) Administrative Costs.--Up to 2.5 percent of the amount 
     authorized to be appropriated under subsection (b) is 
     authorized to be appropriated for the period fiscal year 1995 
     through fiscal year 2000 to be available for administrative 
     costs by the Attorney General in furtherance of the purposes 
     of the program. Such sums are to remain available until 
     expended.

     SEC. 30203. QUALIFICATION FOR PAYMENT.

       (a) In General.--The Attorney General shall issue 
     regulations establishing procedures under which eligible 
     units of general local government are required to provide 
     notice to the Attorney General of the units' proposed use of 
     assistance under this subtitle.
       (b) General Requirements for Qualification.--A unit of 
     general local government qualifies for a payment under this 
     subtitle for a payment period only after establishing to the 
     satisfaction of the Attorney General that--
       (1) the government will establish a trust fund in which the 
     government will deposit all payments received under this 
     subtitle;
       (2) the government will use amounts in the trust fund 
     (including interest) during a reasonable period;
       (3) the government will expend the payments so received, in 
     accordance with the laws and procedures that are applicable 
     to the expenditure of revenues of the government;
       (4) if at least 25 percent of the pay of individuals 
     employed by the government in a public employee occupation is 
     paid out of the trust fund, individuals in the occupation any 
     part of whose pay is paid out of the trust fund will receive 
     pay at least equal to the prevailing rate of pay for 
     individuals employed in similar public employee occupations 
     by the government;
       (5) the government will use accounting, audit, and fiscal 
     procedures that conform to guidelines which shall be 
     prescribed by the Attorney General after consultation with 
     the Comptroller General of the United States. As applicable, 
     amounts received under this subtitle shall be audited in 
     compliance with the Single Audit Act of 1984;
       (6) after reasonable notice to the government, the 
     government will make available to the Attorney General and 
     the Comptroller General of the United States, with the right 
     to inspect, records the Attorney General reasonably requires 
     to review compliance with this subtitle or the Comptroller 
     General of the United States reasonably requires to review 
     compliance and operations;
       (7) the government will make reports the Attorney General 
     reasonably requires, in addition to the annual reports 
     required under this subtitle; and
       (8) the government will spend the funds only for the 
     purposes set forth in section 30201(a)(2).
       (c) Review by Governors.--A unit of general local 
     government shall give the chief executive officer of the 
     State in which the government is located an opportunity for 
     review and comment before establishing compliance with 
     subsection (d).
       (d) Sanctions for Noncompliance.--
       (1) In general.--If the Attorney General decides that a 
     unit of general local government has not complied 
     substantially with subsection (b) or regulations prescribed 
     under subsection (b), the Attorney General shall notify the 
     government. The notice shall state that if the government 
     does not take corrective action by the 60th day after the 
     date the government receives the notice, the Attorney General 
     will withhold additional payments to the government for the 
     current payment period and later payment periods until the 
     Attorney General is satisfied that the government--
       (A) has taken the appropriate corrective action; and
       (B) will comply with subsection (b) and regulations 
     prescribed under subsection (b).
       (2) Notice.--Before giving notice under paragraph (1), the 
     Attorney General shall give the chief executive officer of 
     the unit of general local government reasonable notice and an 
     opportunity for comment.
       (3) Payment conditions.--The Attorney General may make a 
     payment to a unit of general local government notified under 
     paragraph (1) only if the Attorney General is satisfied that 
     the government--
       (A) has taken the appropriate corrective action; and
       (B) will comply with subsection (b) and regulations 
     prescribed under subsection (b).

     SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.

       (a) State Distribution.--For each payment period, the 
     Attorney General shall allocate out of the amount 
     appropriated for the period under the authority of section 
     30202--
       (1) 0.25 percent to each State; and
       (2) Of the total amount of funds remaining after allocation 
     under paragraph (1), an amount that is equal to--
       the ratio that the number of part 1 violent crimes reported 
     by such State to the Federal Bureau of Investigation for 1993 
     bears to the number of part 1 violent crimes reported by all 
     States to the Federal Bureau of Investigation for 1993
       (b) Local Distribution.--(1) The Attorney General shall 
     allocate among the units of general local government in a 
     State the amount allocated to the State under paragraphs (1) 
     and (2) of subsection (a).
       (2) The Attorney General shall allocate to each unit of 
     general local government an amount which bears the ratio that 
     the number of part 1 violent crimes reported by such unit to 
     the Federal Bureau of Investigation for 1993 bears to the 
     number of part 1 violent crimes reported by all units in the 
     State in which the unit is located to the Federal Bureau of 
     Investigation for 1993 multiplied by the ratio of the 
     population living in all units in the State in which the unit 
     is located that reported part 1 violent crimes to the Federal 
     Bureau of Investigation for 1993 bears to the population of 
     the State; or if such data are not available for a unit, the 
     ratio that the population of such unit bears to the 
     population of all units in the State in which the unit is 
     located for which data are not available multiplied by the 
     ratio of the population living in units in the State in which 
     the unit is located for which data are not available bears to 
     the population of the State.
       (3) If under paragraph (2) a unit is allotted less than 
     $5,000 for the payment period, the amount allotted shall be 
     transferred to the Governor of the State who shall equitably 
     distribute the allocation to all such units or consortia 
     thereof.
       (4) If there is in a State a unit of general local 
     government that has been incorporated since the date of the 
     collection of the data used by the Attorney General in making 
     allocations pursuant to this section, the Attorney General 
     shall allocate to this newly incorporated local government, 
     out of the amount allocated to the State under this section, 
     an amount bearing the same ratio to the amount allocated to 
     the State as the population of the newly incorporated local 
     government bears to the population of the State. If there is 
     in the State a unit of general local government that has been 
     annexed since the date of the collection of the data used by 
     the Attorney General in making allocations pursuant to this 
     section, the Attorney General shall pay the amount that would 
     have been allocated to this local government to the unit of 
     general local government that annexed it.
       (c) Unavailability of Information.--For purposes of this 
     section, if data regarding part 1 violent crimes in any State 
     for 1993 is unavailable or substantially inaccurate, the 
     Attorney General shall utilize the best available comparable 
     data regarding the number of violent crimes for 1993 for such 
     State for the purposes of allocation of any funds under this 
     subtitle.

     SEC. 30205. UTILIZATION OF PRIVATE SECTOR.

       Funds or a portion of funds allocated under this subtitle 
     may be utilized to contract with private, nonprofit entities 
     or community-based organizations to carry out the uses 
     specified under section 30201(a)(2).

     SEC. 30206. PUBLIC PARTICIPATION.

       A unit of general local government expending payments under 
     this subtitle shall hold at least one public hearing on the 
     proposed use of the payment in relation to its entire budget. 
     At the hearing, persons shall be given an opportunity to 
     provide written and oral views to the governmental authority 
     responsible for enacting the budget and to ask questions 
     about the entire budget and the relation of the payment to 
     the entire budget. The government shall hold the hearing at a 
     time and a place that allows and encourages public attendance 
     and participation.

     SEC. 30207. ADMINISTRATIVE PROVISIONS.

       The administrative provisions of part H of the Omnibus 
     Crime Control and Safe Streets Act of 1968, shall apply to 
     the Attorney General for purposes of carrying out this 
     subtitle.

     SEC. 30208. DEFINITIONS.

       For purposes of this subtitle:
       (1) The term ``unit of general local government'' means--
       (A) a county, township, city, or political subdivision of a 
     county, township, or city, that is a unit of general local 
     government as determined by the Secretary of Commerce for 
     general statistical purposes; and
       (B) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaskan Native village that 
     carries out substantial governmental duties and powers.
       (2) The term ``payment period'' means each 1-year period 
     beginning on October 1 of the years 1995 through 2000.
       (3) The term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands, except that American Samoa, Guam, 
     and the Northern Mariana Islands shall be considered as one 
     State and that, for purposes of 30204(a), 33 per centum of 
     the amounts allocated shall be allocated to American Samoa, 
     50 per centum to Guam, and 17 per centum to the Northern 
     Mariana Islands.
       (4) The term ``children'' means persons who are not younger 
     than 5 and not older than 18 years old.
       (5) The term ``part 1 violent crimes'' means murder and 
     non-negligent manslaughter, forcible rape, robbery, and 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports.
               Subtitle C--Model Intensive Grant Programs

     SEC. 30301. GRANT AUTHORIZATION.

       (a) Establishment.--
       (1) In general.--The Attorney General may award grants to 
     not more than 15 chronic high intensive crime areas to 
     develop comprehensive model crime prevention programs that--
       (A) involve and utilize a broad spectrum of community 
     resources, including nonprofit community organizations, law 
     enforcement organizations, and appropriate State and Federal 
     agencies, including the State educational agencies;
       (B) attempt to relieve conditions that encourage crime; and
       (C) provide meaningful and lasting alternatives to 
     involvement in crime.
       (2) Consultation with the ounce of prevention council.--The 
     Attorney General may consult with the Ounce of Prevention 
     Council in awarding grants under paragraph (1).
       (b) Priority.--In awarding grants under subsection (a), the 
     Attorney General shall give priority to proposals that--
       (1) are innovative in approach to the prevention of crime 
     in a specific area;
       (2) vary in approach to ensure that comparisons of 
     different models may be made; and
       (3) coordinate crime prevention programs funded under this 
     program with other existing Federal programs to address the 
     overall needs of communities that benefit from grants 
     received under this title.

     SEC. 30302. USES OF FUNDS.

       (a) In General.--Funds awarded under this subtitle may be 
     used only for purposes described in an approved application. 
     The intent of grants under this subtitle is to fund 
     intensively comprehensive crime prevention programs in 
     chronic high intensive crime areas.
       (b) Guidelines.--The Attorney General shall issue and 
     publish in the Federal Register guidelines that describe 
     suggested purposes for which funds under approved programs 
     may be used.
       (c) Equitable Distribution of Funds.--In disbursing funds 
     under this subtitle, the Attorney General shall ensure the 
     distribution of awards equitably on a geographic basis, 
     including urban and rural areas of varying population and 
     geographic size.

     SEC. 30303. PROGRAM REQUIREMENTS.

       (a) Description.--An applicant shall include a description 
     of the distinctive factors that contribute to chronic violent 
     crime within the area proposed to be served by the grant. 
     Such factors may include lack of alternative activities and 
     programs for youth, deterioration or lack of public 
     facilities, inadequate public services such as public 
     transportation, street lighting, community-based substance 
     abuse treatment facilities, or employment services offices, 
     and inadequate police or public safety services, equipment, 
     or facilities.
       (b) Comprehensive Plan.--An applicant shall include a 
     comprehensive, community-based plan to attack intensively the 
     principal factors identified in subsection (a). Such plans 
     shall describe the specific purposes for which funds are 
     proposed to be used and how each purpose will address 
     specific factors. The plan also shall specify how local 
     nonprofit organizations, government agencies, private 
     businesses, citizens groups, volunteer organizations, and 
     interested citizens will cooperate in carrying out the 
     purposes of the grant.
       (c) Evaluation.--An applicant shall include an evaluation 
     plan by which the success of the plan will be measured, 
     including the articulation of specific, objective indicia of 
     performance, how the indicia will be evaluated, and a 
     projected timetable for carrying out the evaluation.

     SEC. 30304. APPLICATIONS.

       To request a grant under this subtitle the chief local 
     elected official of an area shall--
       (1) prepare and submit to the Attorney General an 
     application in such form, at such time, and in accordance 
     with such procedures, as the Attorney General shall 
     establish; and
       (2) provide an assurance that funds received under this 
     subtitle shall be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for programs 
     funded under this subtitle.

     SEC. 30305. REPORTS.

       Not later than December 31, 1998, the Attorney General 
     shall prepare and submit to the Committees on the Judiciary 
     of the House and Senate an evaluation of the model programs 
     developed under this subtitle and make recommendations 
     regarding the implementation of a national crime prevention 
     program.

     SEC. 30306. DEFINITIONS.

       In this subtitle--
       ``chief local elected official'' means an official 
     designated under regulations issued by the Attorney General. 
     The criteria used by the Attorney General in promulgating 
     such regulations shall ensure administrative efficiency and 
     accountability in the expenditure of funds and execution of 
     funded projects under this subtitle.
       ``chronic high intensity crime area'' means an area meeting 
     criteria adopted by the Attorney General by regulation that, 
     at a minimum, define areas with--
       (A) consistently high rates of violent crime as reported in 
     the Federal Bureau of Investigation's ``Uniform Crime 
     Reports'', and
       (B) chronically high rates of poverty as determined by the 
     Bureau of the Census.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, American Samoa, Guam, and the Northern Mariana 
     Islands.

     SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $100,000,000 for fiscal year 1996;
       (2) $125,100,000 for fiscal year 1997;
       (3) $125,100,000 for fiscal year 1998;
       (4) $125,100,000 for fiscal year 1999; and
       (5) $150,200,000 for fiscal year 2000.
    Subtitle D--Family and Community Endeavor Schools Grant Program

     SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION 
                   GRANT PROGRAM.

       (a) Short Title.--This section may be cited as the 
     ``Community Schools Youth Services and Supervision Grant 
     Program Act of 1994''.
       (b) Definitions.--In this section--
       ``child'' means a person who is not younger than 5 and not 
     older than 18 years old.
       ``community-based organization'' means a private, locally 
     initiated, community-based organization that--
       (A) is a nonprofit organization, as defined in section 
     103(23) of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5603(23)); and
       (B) is operated by a consortium of service providers, 
     consisting of representatives of 5 or more of the following 
     categories of persons:
       (i) Residents of the community.
       (ii) Business and civic leaders actively involved in 
     providing employment and business development opportunities 
     in the community.
       (iii) Educators.
       (iv) Religious organizations (which shall not provide any 
     sectarian instruction or sectarian worship in connection with 
     an activity funded under this title).
       (v) Law enforcement agencies.
       (vi) Public housing agencies.
       (vii) Other public agencies.
       (viii) Other interested parties.
       ``eligible community'' means an area identified pursuant to 
     subsection (e).
       ``Indian tribe'' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including an 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     that is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``poverty line'' means the income official poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
     family of the size involved.
       ``public school'' means a public elementary school, as 
     defined in section 1201(i) of the Higher Education Act of 
     1965 (20 U.S.C. 1141(i)), and a public secondary school, as 
     defined in section 1201(d) of that Act.
       ``Secretary'' means the Secretary of Health and Human 
     Services, in consultation and coordination with the Attorney 
     General.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, American Samoa, Guam, and the United States 
     Virgin Islands.
       (c) Program Authority.--
       (1) In general.--
       (A) Allocations for states and indian country.--For any 
     fiscal year in which the sums appropriated to carry out this 
     section equal or exceed $20,000,000, from the sums 
     appropriated to carry out this subsection, the Secretary 
     shall allocate, for grants under subparagraph (B) to 
     community-based organizations in each State, an amount 
     bearing the same ratio to such sums as the number of children 
     in the State who are from families with incomes below the 
     poverty line bears to the number of children in all States 
     who are from families with incomes below the poverty line. In 
     view of the extraordinary need for assistance in Indian 
     country, an appropriate amount of funds available under this 
     subtitle shall be made available for such grants in Indian 
     country.
       (B) Grants to community-based organizations from 
     allocations.--For such a fiscal year, the Secretary may award 
     grants from the appropriate State or Indian country 
     allocation determined under subparagraph (A) on a competitive 
     basis to eligible community-based organizations to pay for 
     the Federal share of assisting eligible communities to 
     develop and carry out programs in accordance with this 
     section.
       (C) Reallocation.--If, at the end of such a fiscal year, 
     the Secretary determines that funds allocated for community-
     based organizations in a State or Indian country under 
     subparagraph (B) remain unobligated, the Secretary may use 
     such funds to award grants to eligible community-based 
     organizations in another State or Indian country to pay for 
     such Federal share. In awarding such grants, the Secretary 
     shall consider the need to maintain geographic diversity 
     among the recipients of such grants. Amounts made available 
     through such grants shall remain available until expended.
       (2) Other fiscal years.--For any fiscal year in which the 
     sums appropriated to carry out this section are less than 
     $20,000,000, the Secretary may award grants on a competitive 
     basis to eligible community-based organizations to pay for 
     the Federal share of assisting eligible communities to 
     develop and carry out programs in accordance with this 
     section.
       (3) Administrative costs.--The Secretary may use not more 
     than 3 percent of the funds appropriated to carry out this 
     section in any fiscal year for administrative costs.
       (d) Program Requirements.--
       (1) Location.--A community-based organization that receives 
     a grant under this section to assist in carrying out such a 
     program shall ensure that the program is carried out--
       (A) when appropriate, in the facilities of a public school 
     during nonschool hours; or
       (B) in another appropriate local facility in a State or 
     Indian country, such as a college or university, a local or 
     State park or recreation center, church, or military base, 
     that is--
       (i) in a location that is easily accessible to children in 
     the community; and
       (ii) in compliance with all applicable local ordinances.
       (2) Use of funds.--Such community-based organization--
       (A) shall use funds made available through the grant to 
     provide, to children in the eligible community, services and 
     activities that--
       (i) shall include supervised sports programs, and 
     extracurricular and academic programs, that are offered--

       (I) after school and on weekends and holidays, during the 
     school year; and
       (II) as daily full-day programs (to the extent available 
     resources permit) or as part-day programs, during the summer 
     months;

       (B) in providing such extracurricular and academic 
     programs, shall provide programs such as curriculum-based 
     supervised educational, work force preparation, 
     entrepreneurship, cultural, health programs, social 
     activities, arts and crafts programs, dance programs, 
     tutorial and mentoring programs, and other related 
     activities;
       (C) may use--
       (i) such funds for minor renovation of facilities that are 
     in existence prior to the operation of the program and that 
     are necessary for the operation of the program for which the 
     organization receives the grant, purchase of sporting and 
     recreational equipment and supplies, reasonable costs for the 
     transportation of participants in the program, hiring of 
     staff, provision of meals for such participants, provision of 
     health services consisting of an initial basic physical 
     examination, provision of first aid and nutrition guidance, 
     family counselling, parental training, and substance abuse 
     treatment where appropriate; and
       (ii) not more than 5 percent of such funds to pay for the 
     administrative costs of the program; and
       (D) may not use such funds to provide sectarian worship or 
     sectarian instruction.
       (e) Eligible Community Identification.--
       (1) Identification.--To be eligible to receive a grant 
     under this section, a community-based organization shall 
     identify an eligible community to be assisted under this 
     section.
       (2) Criteria.--Such eligible community shall be an area 
     that meets such criteria with respect to significant poverty 
     and significant juvenile delinquency, and such additional 
     criteria, as the Secretary may by regulation require.
       (f) Applications.--
       (1) Application required.--To be eligible to receive a 
     grant under this section, a community-based organization 
     shall submit an application to the Secretary at such time, in 
     such manner, and accompanied by such information, as the 
     Secretary may reasonably require, and obtain approval of such 
     application.
       (2) Contents of application.--Each application submitted 
     pursuant to paragraph (1) shall--
       (A) describe the activities and services to be provided 
     through the program for which the grant is sought;
       (B) contain an assurance that the community-based 
     organization will spend grant funds received under this 
     section in a manner that the community-based organization 
     determines will best accomplish the objectives of this 
     section;
       (C) contain a comprehensive plan for the program that is 
     designed to achieve identifiable goals for children in the 
     eligible community;
       (D) set forth measurable goals and outcomes for the program 
     that--
       (i) will--

       (I) where appropriate, make a public school the focal point 
     of the eligible community; or
       (II) make a local facility described in subsection 
     (d)(1)(B) such a focal point; and

       (ii) may include reducing the percentage of children in the 
     eligible community that enter the juvenile justice system, 
     increasing the graduation rates, school attendance, and 
     academic success of children in the eligible community, and 
     improving the skills of program participants;
       (E) provide evidence of support for accomplishing such 
     goals and outcomes from--
       (i) community leaders;
       (ii) businesses;
       (iii) local educational agencies;
       (iv) local officials;
       (v) State officials;
       (vi) Indian tribal government officials; and
       (vii) other organizations that the community-based 
     organization determines to be appropriate;
       (F) contain an assurance that the community-based 
     organization will use grant funds received under this section 
     to provide children in the eligible community with activities 
     and services that shall include supervised sports programs, 
     and extracurricular and academic programs, in accordance with 
     subparagraphs (A) and (B) of subsection (d)(2);
       (G) contain a list of the activities and services that will 
     be offered through the program for which the grant is sought 
     and sponsored by private nonprofit organizations, 
     individuals, and groups serving the eligible community, 
     including--
       (i) extracurricular and academic programs, such as programs 
     described in subsection (d)(2)(B); and
       (ii) activities that address specific needs in the 
     community;
       (H) demonstrate the manner in which the community-based 
     organization will make use of the resources, expertise, and 
     commitment of private entities in carrying out the program 
     for which the grant is sought;
       (I) include an estimate of the number of children in the 
     eligible community expected to be served pursuant to the 
     program;
       (J) include a description of charitable private resources, 
     and all other resources, that will be made available to 
     achieve the goals of the program;
       (K) contain an assurance that the community-based 
     organization will use competitive procedures when purchasing, 
     contracting, or otherwise providing for goods, activities, or 
     services to carry out programs under this section;
       (L) contain an assurance that the program will maintain a 
     staff-to-participant ratio (including volunteers) that is 
     appropriate to the activity or services provided by the 
     program;
       (M) contain an assurance that the program will maintain an 
     average attendance rate of not less than 75 percent of the 
     participants enrolled in the program, or will enroll 
     additional participants in the program;
       (N) contain an assurance that the community-based 
     organization will comply with any evaluation under subsection 
     (m), any research effort authorized under Federal law, and 
     any investigation by the Secretary;
       (O) contain an assurance that the community-based 
     organization shall prepare and submit to the Secretary an 
     annual report regarding any program conducted under this 
     section;
       (P) contain an assurance that the program for which the 
     grant is sought will, to the maximum extent possible, 
     incorporate services that are provided solely through non-
     Federal private or nonprofit sources; and
       (Q) contain an assurance that the community-based 
     organization will maintain separate accounting records for 
     the program.
       (3) Priority.--In awarding grants to carry out programs 
     under this section, the Secretary shall give priority to 
     community-based organizations who submit applications that 
     demonstrate the greatest effort in generating local support 
     for the programs.
       (g) Eligibility of Participants.--
       (1) In general.--To the extent possible, each child who 
     resides in an eligible community shall be eligible to 
     participate in a program carried out in such community that 
     receives assistance under this section.
       (2) Eligibility.--To be eligible to participate in a 
     program that receives assistance under this section, a child 
     shall provide the express written approval of a parent or 
     guardian, and shall submit an official application and agree 
     to the terms and conditions of participation in the program.
       (3) Nondiscrimination.--In selecting children to 
     participate in a program that receives assistance under this 
     section, a community-based organization shall not 
     discriminate on the basis of race, color, religion, sex, 
     national origin, or disability.
       (h) Peer Review Panel.--
       (1) Establishment.--The Secretary may establish a peer 
     review panel that shall be comprised of individuals with 
     demonstrated experience in designing and implementing 
     community-based programs.
       (2) Composition.--A peer review panel shall include at 
     least 1 representative from each of the following:
       (A) A community-based organization.
       (B) A local government.
       (C) A school district.
       (D) The private sector.
       (E) A charitable organization.
       (F) A representative of the United States Olympic 
     Committee, at the option of the Secretary.
       (3) Functions.--A peer review panel shall conduct the 
     initial review of all grant applications received by the 
     Secretary under subsection (f), make recommendations to the 
     Secretary regarding--
       (A) grant funding under this section; and
       (B) a design for the evaluation of programs assisted under 
     this section.
       (i) Investigations and Inspections.--The Secretary may 
     conduct such investigations and inspections as may be 
     necessary to ensure compliance with the provisions of this 
     section.
       (j) Payments; Federal Share; Non-Federal Share.--
       (1) Payments.--The Secretary shall, subject to the 
     availability of appropriations, pay to each community-based 
     organization having an application approved under subsection 
     (f) the Federal share of the costs of developing and carrying 
     out programs described in subsection (c).
       (2) Federal share.--The Federal share of such costs shall 
     be no more than--
       (A) 75 percent for each of fiscal years 1995 and 1996;
       (B) 70 percent for fiscal year 1997; and
       (C) 60 percent for fiscal year 1998 and thereafter.
       (3) Non-federal share.--
       (A) In general.--The non-Federal share of such costs may be 
     in cash or in kind, fairly evaluated, including plant, 
     equipment, and services (including the services described in 
     subsection (f)(2)(P)), and funds appropriated by the Congress 
     for the activity of any agency of an Indian tribal government 
     or the Bureau of Indian Affairs on any Indian lands may be 
     used to provide the non-Federal share of the costs of 
     programs or projects funded under this subtitle.
       (B) Special rule.--At least 15 percent of the non-Federal 
     share of such costs shall be provided from private or 
     nonprofit sources.
       (k) Evaluation.--The Secretary shall conduct a thorough 
     evaluation of the programs assisted under this section, which 
     shall include an assessment of--
       (1) the number of children participating in each program 
     assisted under this section;
       (2) the academic achievement of such children;
       (3) school attendance and graduation rates of such 
     children; and
       (4) the number of such children being processed by the 
     juvenile justice system.

     SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT 
                   PROGRAM.

       (a) Short Title.--This section may be cited as the ``Family 
     and Community Endeavor Schools Act''.
       (b) Purpose.--It is the purpose of this section to improve 
     the overall development of at-risk children who reside in 
     eligible communities as defined in subsection (l)(3).
       (c) Program Authority.--The Secretary may award grants on a 
     competitive basis to eligible local entities to pay for the 
     Federal share of assisting eligible communities to develop 
     and carry out programs in accordance with this section. No 
     local entity shall receive a grant of less than $250,000 in a 
     fiscal year. Amounts made available through such grants shall 
     remain available until expended.
       (d) Program Requirements.--
       (1) Improvement programs.--A local entity that receives 
     funds under this section shall develop or expand programs 
     that are designed to improve academic and social development 
     by instituting a collaborative structure that trains and 
     coordinates the efforts of teachers, administrators, social 
     workers, guidance counselors, parents, and school volunteers 
     to provide concurrent social services for at-risk students at 
     selected public schools in eligible communities.
       (2) Optional activities.--A local entity that receives 
     funds under this section may develop a variety of programs to 
     serve the comprehensive needs of students, including--
       (A) homework assistance and after-school programs, 
     including educational, social, and athletic activities;
       (B) nutrition services;
       (C) mentoring programs;
       (D) family counseling; and
       (E) parental training programs.
       (e) Eligible Community Identification.--The Secretary 
     through regulation shall define the criteria necessary to 
     qualify as an eligible community as defined in subsection 
     (l)(3).
       (f) Grant Eligibility.--To be eligible to receive a grant 
     under this section, a local entity shall--
       (1) identify an eligible community to be assisted;
       (2) develop a community planning process that includes--
       (A) parents and family members;
       (B) local school officials;
       (C) teachers employed at schools within the eligible 
     community;
       (D) public housing resident organization members, where 
     applicable; and
       (E) public and private nonprofit organizations that provide 
     education, child protective services, or other human services 
     to low-income, at-risk children and their families; and
       (3) develop a concentrated strategy for implementation of 
     the community planning process developed under paragraph (2) 
     that targets clusters of at-risk children in the eligible 
     community.
       (g) Applications.--
       (1) Application required.--To be eligible to receive a 
     grant under this section, a local entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information, as the Secretary may 
     reasonably require, and obtain approval of such application.
       (2) Contents of application.--Each application submitted 
     under paragraph (1) shall--
       (A) contain a comprehensive plan for the program that is 
     designed to improve the academic and social development of 
     at-risk children in schools in the eligible community;
       (B) provide evidence of support for accomplishing the 
     objectives of such plan from--
       (i) community leaders;
       (ii) a school district;
       (iii) local officials; and
       (iv) other organizations that the local entity determines 
     to be appropriate;
       (C) provide an assurance that the local entity will use 
     grant funds received under this subsection to implement the 
     program requirements listed in subsection (d);
       (D) include an estimate of the number of children in the 
     eligible community expected to be served under the program;
       (E) provide an assurance that the local entity will comply 
     with any evaluation requested under subsection (k), any 
     research effort authorized under Federal law, and any 
     investigation by the Secretary;
       (F) provide an assurance that the local entity shall 
     prepare and submit to the Secretary an annual report 
     regarding any program conducted under this section;
       (G) provide an assurance that funds made available under 
     this section shall be used to supplement, not supplant, other 
     Federal funds that would otherwise be available for 
     activities funded under this section; and
       (H) provide an assurance that the local entity will 
     maintain separate accounting records for the program.
       (3) Priority.--In awarding grants to carry out programs 
     under this section, the Secretary shall give priority to 
     local entities which submit applications that demonstrate the 
     greatest effort in generating local support for the programs.
       (h) Peer Review Panel.--
       (1) Establishment.--The Secretary shall establish a peer 
     review panel not to exceed 8 members that shall be comprised 
     of individuals with demonstrated experience in designing and 
     implementing programs to improve the academic and social 
     development of at-risk children.
       (2) Functions.--Such panel shall make recommendations to 
     the Secretary regarding--
       (A) an illustrative model that effectively achieves the 
     program requirements indicated in subsection (d) and a 
     process whereby local entities can request such model; and
       (B) a design for the evaluation of programs assisted under 
     this section.
       (i) Investigations and Inspections.--The Secretary may 
     conduct such investigations and inspections as may be 
     necessary to ensure compliance with the provisions of this 
     section.
       (j) Federal Share.--
       (1) Payments.--The Secretary shall, subject to the 
     availability of appropriations, pay to each local entity 
     having an application approved under subsection (g) the 
     Federal share of the costs of developing and carrying out 
     programs referred to in subsection (d).
       (2) Federal share.--The Federal share of such costs shall 
     be 70 percent.
       (3) Non-federal share.--
       (A) In general.--The non-Federal share of such costs may be 
     in cash or in kind, fairly evaluated, including personnel, 
     plant, equipment, and services.
       (B) Special rule.--Not less than 15 percent of the non-
     Federal share of such costs shall be provided from private or 
     nonprofit sources.
       (k) Evaluation.--The Secretary shall require a thorough 
     evaluation of the programs assisted under this section, which 
     shall include an assessment of the academic and social 
     achievement of children assisted with funds provided under 
     this section.
       (l) Definitions.--For purposes of this section--
       (1) the term ``Secretary'' means to the Secretary of the 
     Department of Education;
       (2) the term ``local entity'' means--
       (A) a local educational agency, or
       (B) a community-based organization as defined in section 
     1471(3) of the Elementary and Secondary Education Act of 
     1965;
       (3) the term ``eligible community'' means an area which 
     meets criteria with respect to significant poverty and 
     significant violent crime, and such additional criteria, as 
     the Secretary may by regulation require; and
       (4) the term ``public school'' means an elementary school 
     (as defined in section 1471(8) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 2891(8))) and a 
     secondary school (as defined in section 1471(21) of that 
     Act).

     SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this subtitle--
       (1) $37,000,000 for fiscal year 1995;
       (2) $103,500,000 for fiscal year 1996;
       (3) $121,500,000 for fiscal year 1997;
       (4) $153,000,000 for fiscal year 1998;
       (5) $193,500,000 for fiscal year 1999; and
       (6) $201,500,000 for fiscal year 2000.
       (b) Programs.--Of the amounts appropriated under subsection 
     (a) for any fiscal year--
       (1) 70 percent shall be made available to carry out section 
     30401; and
       (2) 30 percent shall be made available to carry out section 
     30402.
        Subtitle G--Assistance for Delinquent and At-Risk Youth

     SEC. 30701. GRANT AUTHORITY.

       (a) Grants.--
       (1) In general.--In order to prevent the commission of 
     crimes or delinquent acts by juveniles, the Attorney General 
     may make grants to public or private nonprofit organizations 
     to support the development and operation of projects to 
     provide residential services to youth, aged 11 to 19, who--
       (A) have dropped out of school;
       (B) have come into contact with the juvenile justice 
     system; or
       (C) are at risk of dropping out of school or coming into 
     contact with the juvenile justice system.
       (2) Consultation with the ounce of prevention council.--The 
     Attorney General may consult with the Ounce of Prevention 
     Council in making grants under paragraph (1).
       (3) Services.--Such services shall include activities 
     designed to--
       (A) increase the self-esteem of such youth;
       (B) assist such youth in making healthy and responsible 
     choices;
       (C) improve the academic performance of such youth pursuant 
     to a plan jointly developed by the applicant and the school 
     which each such youth attends or should attend; and
       (D) provide such youth with vocational and life skills.
       (b) Applications.--
       (1) In general.--A public agency or private nonprofit 
     organization which desires a grant under this section shall 
     submit an application at such time and in such manner as the 
     Attorney General may prescribe.
       (2) Contents.--An application under paragraph (1) shall 
     include--
       (A) a description of the program developed by the 
     applicant, including the activities to be offered;
       (B) a detailed discussion of how such program will prevent 
     youth from committing crimes or delinquent acts;
       (C) evidence that such program--
       (i) will be carried out in facilities which meet applicable 
     State and local laws with regard to safety;
       (ii) will include academic instruction, approved by the 
     State, Indian tribal government, or local educational agency, 
     which meets or exceeds State, Indian tribal government, and 
     local standards and curricular requirements; and
       (iii) will include instructors and other personnel who 
     possess such qualifications as may be required by applicable 
     State or local laws; and
       (D) specific, measurable outcomes for youth served by the 
     program.
       (c) Consideration of Applications.--Not later than 60 days 
     following the submission of applications, the Attorney 
     General shall--
       (1) approve each application and disburse the funding for 
     each such application; or
       (2) disapprove the application and inform the applicant of 
     such disapproval and the reasons therefor.
       (d) Reports.--A grantee under this section shall annually 
     submit a report to the Attorney General that describes the 
     activities and accomplishments of such program, including the 
     degree to which the specific youth outcomes are met.
       (e) Definitions.--In this subtitle--
       ``Indian tribe'' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, American Samoa, Guam, and the Northern Mariana 
     Islands.

     SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for grants under 
     section 30701--
       (1) $5,400,000 for fiscal year 1996;
       (2) $6,300,000 for fiscal year 1997;
       (3) $7,200,000 for fiscal year 1998;
       (4) $8,100,000 for fiscal year 1999; and
       (5) $9,000,000 for fiscal year 2000.
                     Subtitle H--Police Recruitment

     SEC. 30801. GRANT AUTHORITY.

       (a) Grants.--
       (1) In general.--The Attorney General may make grants to 
     qualified community organizations to assist in meeting the 
     costs of qualified programs which are designed to recruit and 
     retain applicants to police departments.
       (2) Consultation with the ounce of prevention council.--The 
     Attorney General may consult with the Ounce of Prevention 
     Council in making grants under paragraph (1).
       (b) Qualified Community Organizations.--An organization is 
     a qualified community organization which is eligible to 
     receive a grant under subsection (a) if the organization--
       (1) is a nonprofit organization; and
       (2) has training and experience in--
       (A) working with a police department and with teachers, 
     counselors, and similar personnel,
       (B) providing services to the community in which the 
     organization is located,
       (C) developing and managing services and techniques to 
     recruit individuals to become members of a police department 
     and to assist such individuals in meeting the membership 
     requirements of police departments,
       (D) developing and managing services and techniques to 
     assist in the retention of applicants to police departments, 
     and
       (E) developing other programs that contribute to the 
     community.
       (c) Qualified Programs.--A program is a qualified program 
     for which a grant may be made under subsection (a) if the 
     program is designed to recruit and train individuals from 
     underrepresented neighborhoods and localities and if--
       (1) the overall design of the program is to recruit and 
     retain applicants to a police department;
       (2) the program provides recruiting services which include 
     tutorial programs to enable individuals to meet police force 
     academic requirements and to pass entrance examinations;
       (3) the program provides counseling to applicants to police 
     departments who may encounter problems throughout the 
     application process; and
       (4) the program provides retention services to assist in 
     retaining individuals to stay in the application process of a 
     police department.
       (d) Applications.--To qualify for a grant under subsection 
     (a), a qualified organization shall submit an application to 
     the Attorney General in such form as the Attorney General may 
     prescribe. Such application shall--
       (1) include documentation from the applicant showing--
       (A) the need for the grant;
       (B) the intended use of grant funds;
       (C) expected results from the use of grant funds; and
       (D) demographic characteristics of the population to be 
     served, including age, disability, race, ethnicity, and 
     languages used; and
       (2) contain assurances satisfactory to the Attorney General 
     that the program for which a grant is made will meet the 
     applicable requirements of the program guidelines prescribed 
     by the Attorney General under subsection (i).
       (e) Action by the Attorney General.--Not later than 60 days 
     after the date that an application for a grant under 
     subsection (a) is received, the Attorney General shall 
     consult with the police department which will be involved 
     with the applicant and shall--
       (1) approve the application and disburse the grant funds 
     applied for; or
       (2) disapprove the application and inform the applicant 
     that the application is not approved and provide the 
     applicant with the reasons for the disapproval.
       (f) Grant Disbursement.--The Attorney General shall 
     disburse funds under a grant under subsection (a) in 
     accordance with regulations of the Attorney General which 
     shall ensure--
       (1) priority is given to applications for areas and 
     organizations with the greatest showing of need;
       (2) that grant funds are equitably distributed on a 
     geographic basis; and
       (3) the needs of underserved populations are recognized and 
     addressed.
       (g) Grant Period.--A grant under subsection (a) shall be 
     made for a period not longer than 3 years.
       (h) Grantee Reporting.--(1) For each year of a grant period 
     for a grant under subsection (a), the recipient of the grant 
     shall file a performance report with the Attorney General 
     explaining the activities carried out with the funds received 
     and assessing the effectiveness of such activities in meeting 
     the purpose of the recipient's qualified program.
       (2) If there was more than one recipient of a grant, each 
     recipient shall file such report.
       (3) The Attorney General shall suspend the funding of a 
     grant, pending compliance, if the recipient of the grant does 
     not file the report required by this subsection or uses the 
     grant for a purpose not authorized by this section.
       (i) Guidelines.--The Attorney General shall, by regulation, 
     prescribe guidelines on content and results for programs 
     receiving a grant under subsection (a). Such guidelines shall 
     be designed to establish programs which will be effective in 
     training individuals to enter instructional programs for 
     police departments and shall include requirements for--
       (1) individuals providing recruiting services;
       (2) individuals providing tutorials and other academic 
     assistance programs;
       (3) individuals providing retention services; and
       (4) the content and duration of recruitment, retention, and 
     counseling programs and the means and devices used to 
     publicize such programs.

     SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for grants under 
     section 30801--
       (1) $2,000,000 for fiscal year 1996;
       (2) $4,000,000 for fiscal year 1997;
       (3) $5,000,000 for fiscal year 1998;
       (4) $6,000,000 for fiscal year 1999; and
       (5) $7,000,000 for fiscal year 2000.
                   Subtitle J--Local Partnership Act

     SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.

       (a) Establishment of Program.--Title 31, United States 
     Code, is amended by inserting after chapter 65 the following 
     new chapter:

                     ``CHAPTER 67--FEDERAL PAYMENTS

``Sec.
``6701. Payments to local governments.
``6702. Local Government Fiscal Assistance Fund.
``6703. Qualification for payment.
``6704. State area allocations; allocations and payments to territorial 
              governments.
``6705. Local government allocations.
``6706. Income gap multiplier.
``6707. State variation of local government allocations.
``6708. Adjustments of local government allocations.
``6709. Information used in allocation formulas.
``6710. Public participation.
``6711. Prohibited discrimination.
``6712. Discrimination proceedings.
``6713. Suspension and termination of payments in discrimination 
              proceedings.
``6714. Compliance agreements.
``6715. Enforcement by the Attorney General of prohibitions on 
              discrimination.
``6716. Civil action by a person adversely affected.
``6717. Judicial review.
``6718. Investigations and reviews.
``6719. Reports.
``6720. Definitions, application, and administration.

     ``Sec. 6701. Payments to local governments

       ``(a) Payment and Use.--
       ``(1) Payment.--The Secretary shall pay to each unit of 
     general local government which qualifies for a payment under 
     this chapter an amount equal to the sum of any amounts 
     allocated to the government under this chapter for each 
     payment period. The Secretary shall pay such amount out of 
     the Local Government Fiscal Assistance Fund under section 
     6702.
       ``(2) Use.--Amounts paid to a unit of general local 
     government under this section shall be used by that unit for 
     carrying out one or more programs of the unit related to--
       ``(A) education to prevent crime;
       ``(B) substance abuse treatment to prevent crime; or
       ``(C) job programs to prevent crime.
       ``(3) Coordination.--Programs funded under this title shall 
     be coordinated with other existing Federal programs to meet 
     the overall needs of communities that benefit from funds 
     received under this section.
       ``(b) Timing of Payments.--The Secretary shall pay each 
     amount allocated under this chapter to a unit of general 
     local government for a payment period by the later of 90 days 
     after the date the amount is available or the first day of 
     the payment period provided that the unit of general local 
     government has provided the Secretary with the assurances 
     required by section 6703(d).
       ``(c) Adjustments.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall adjust a payment under this chapter to a unit of 
     general local government to the extent that a prior payment 
     to the government was more or less than the amount required 
     to be paid.
       ``(2) Considerations.--The Secretary may increase or 
     decrease under this subsection a payment to a unit of local 
     government only if the Secretary determines the need for the 
     increase or decrease, or the unit requests the increase or 
     decrease, within one year after the end of the payment period 
     for which the payment was made.
       ``(d) Reservation for Adjustments.--The Secretary may 
     reserve a percentage of not more than 2 percent of the amount 
     under this section for a payment period for all units of 
     general local government in a State if the Secretary 
     considers the reserve is necessary to ensure the availability 
     of sufficient amounts to pay adjustments after the final 
     allocation of amounts among the units of general local 
     government in the State.
       ``(e) Repayment of Unexpended Amounts.--
       ``(1) Repayment required.--A unit of general local 
     government shall repay to the Secretary, by not later than 15 
     months after receipt from the Secretary, any amount that is--
       ``(A) paid to the unit from amounts appropriated under the 
     authority of this section; and
       ``(B) not expended by the unit within one year after 
     receipt from the Secretary.
       ``(2) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Secretary shall reduce 
     payments in future payment periods accordingly.
       ``(3) Deposit of amounts repaid.--Amounts received by the 
     Secretary as repayments under this subsection shall be 
     deposited in the Local Government Fiscal Assistance Fund for 
     future payments to units of general local government.
       ``(f) Expenditure With Disadvantaged Business 
     Enterprises.--
       ``(1) General rule.--Of amounts paid to a unit of general 
     local government under this chapter for a payment period, not 
     less than 10 percent of the total combined amounts obligated 
     by the unit for contracts and subcontracts shall be expended 
     with--
       ``(A) small business concerns controlled by socially and 
     economically disadvantaged individuals and women; and
       ``(B) historically Black colleges and universities and 
     colleges and universities having a student body in which more 
     than 20 percent of the students are Hispanic Americans or 
     Native Americans.
       ``(2) Exception.--Paragraph (1) shall not apply to amounts 
     paid to a unit of general local government to the extent the 
     unit determines that the paragraph does not apply through a 
     process that provides for public participation.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) the term `small business concern' has the meaning 
     such term has under section 3 of the Small Business Act; and
       ``(B) the term `socially and economically disadvantaged 
     individuals' has the meaning such term has under section 8(d) 
     of the Small Business Act and relevant subcontracting 
     regulations promulgated pursuant to that section.
       ``(g) Nonsupplanting Requirement.--
       ``(1) In general.--Funds made available under this chapter 
     to units of local government shall not be used to supplant 
     State or local funds, but will be used to increase the amount 
     of funds that would, in the absence of funds under this 
     chapter, be made available from State or local sources.
       ``(2) Base level amount.--The total level of funding 
     available to a unit of local government for accounts serving 
     eligible purposes under this chapter in the fiscal year 
     immediately preceding receipt of a grant under this chapter 
     shall be designated the `base level account' for the fiscal 
     year in which grant is received. Grants under this chapter in 
     a given fiscal year shall be reduced on a dollar for dollar 
     basis to the extent that a unit of local government reduces 
     its base level account in that fiscal year.

     ``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--
       ``(1) $270,000,000 for fiscal year 1996;
       ``(2) $283,500,000 for fiscal year 1997;
       ``(3) $355,500,000 for fiscal year 1998;
       ``(4) $355,500,000 for fiscal year 1999; and
       ``(5) $355,500,000 for fiscal year 2000.
     Such sums are to remain available until expended.
       ``(c) Administrative Costs.--Up to 2.5 percent of the 
     amount authorized to be appropriated under subsection (b) is 
     authorized to be appropriated for the period fiscal year 1995 
     through fiscal year 2000 to be available for administrative 
     costs by the Secretary in furtherance of the purposes of the 
     program. Such sums are to remain available until expended.

     ``Sec. 6703. Qualification for payment

       ``(a) In General.--The Secretary shall issue regulations 
     establishing procedures under which eligible units of general 
     local government are required to provide notice to the 
     Secretary of the units' proposed use of assistance under this 
     chapter. Subject to subsection (c), the assistance provided 
     shall be used, in amounts determined by the unit, for 
     activities under, or for activities that are substantially 
     similar to an activity under, 1 or more of the following 
     programs and the notice shall identify 1 or more of the 
     following programs for each such use:
       ``(1) The Drug Abuse Resistance Education Program under 
     section 5122 of the Elementary and Secondary Education Act of 
     1965.
       ``(2) The National Youth Sports Program under section 682 
     of the Community Services Block Grant Act (Public Law 97-35) 
     as amended by section 205, Public Law 103-252.
       ``(3) The Gang Resistance Education and Training Program 
     under the Act entitled `An Act making appropriations for the 
     Treasury Department, the United States Postal Service, the 
     Executive Office of the President, and certain Independent 
     Agencies, for the fiscal year ending September 30, 1991, and 
     for other purposes', approved November 5, 1990 (Public Law 
     101-509).
       ``(4) Programs under title II or IV of the Job Training 
     Partnership Act (29 U.S.C. 1601 et seq.).
       ``(5) Programs under subtitle C of title I of the National 
     and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) 
     as amended.
       ``(6) Programs under the School to Work Opportunities Act 
     (Public Law 103-239).
       ``(7) Substance Abuse Treatment and Prevention programs 
     authorized under title V or XIX of the Public Health Services 
     Act (43 U.S.C. 201 et seq.).
       ``(8) Programs under the Head Start Act (42 U.S.C. 9831 et 
     seq.).
       ``(9) Programs under part A or B of chapter 1 of title I of 
     the Elementary and Secondary Education Act of 1965.
       ``(10) The TRIO programs under part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
       ``(11) Programs under the National Literacy Act of 1991.
       ``(12) Programs under the Carl Perkins Vocational 
     Educational and Applied Technology Education Act (20 U.S.C. 
     2301 et seq.).
       ``(13) The demonstration partnership programs including the 
     community initiative targeted to minority youth under section 
     203 of the Human Services Reauthorization of 1994 (Public Law 
     103-232).
       ``(14) The runaway and homeless youth program and the 
     transitional living program for homeless youth under title 
     III of the Juvenile Justice and Delinquency Prevention Act 
     (Public Law 102-586).
       ``(15) The family support program under subtitle F of title 
     VII of the Stewart B. McKinney Homeless Assistance Act (42 
     U.S.C. 1148 et seq.).
       ``(16) After-school activities for school aged children 
     under the Child Care and Development Block Grant Act (42 
     U.S.C. 9858 et seq.).
       ``(17) The community-based family resource programs under 
     section 401 of the Human Services Reauthorization Act of 1994 
     (Public Law 103-232).
       ``(18) The family violence programs under the Child Abuse 
     Prevention and Treatment Act Amendments of 1984.
       ``(19) Job training programs administered by the Department 
     of Agriculture, the Department of Defense, or the Department 
     of Housing and Urban Development.
       ``(b) Notice to Agency.--Upon receipt of notice under 
     subsection (a) from an eligible unit of general local 
     government, the Secretary shall notify the head of the 
     appropriate Federal agency for each program listed in 
     subsection (a) that is identified in the notice as a program 
     under which an activity will be conducted with assistance 
     under this chapter. The notification shall state that the 
     unit has elected to use some or all of its assistance under 
     this chapter for activities under that program. The head of a 
     Federal agency that receives such a notification shall ensure 
     that such use is in compliance with the laws and regulations 
     applicable to that program, except that any requirement to 
     provide matching funds shall not apply to that use.
       ``(c) Alternative Uses of Funds.--
       ``(1) Alternative uses authorized.--In lieu of, or in 
     addition to, use for an activity described in subsection (a) 
     and notice for that use under subsection (a), an eligible 
     unit of general local government may use assistance under 
     this chapter, and shall provide notice of that use to the 
     Secretary under subsection (a), for any other activity that 
     is consistent with 1 or more of the purposes described in 
     section 6701(a)(2).
       ``(2) Notice deemed to describe consistent use.--Notice by 
     a unit of general local government that it intends to use 
     assistance under this chapter for an activity other than an 
     activity described in subsection (a) is deemed to describe an 
     activity that is consistent with 1 or more of the purposes 
     described in section 6701(a)(2) unless the Secretary provides 
     to the unit, within 30 days after receipt of that notice of 
     intent from the unit, written notice (including an 
     explanation) that the use is not consistent with those 
     purposes.
       ``(d) General Requirements for Qualification.--A unit of 
     general local government qualifies for a payment under this 
     chapter for a payment period only after establishing to the 
     satisfaction of the Secretary that--
       ``(1) the government will establish a trust fund in which 
     the government will deposit all payments received under this 
     chapter;
       ``(2) the government will use amounts in the trust fund 
     (including interest) during a reasonable period;
       ``(3) the government will expend the payments so received, 
     in accordance with the laws and procedures that are 
     applicable to the expenditure of revenues of the government;
       ``(4) if at least 25 percent of the pay of individuals 
     employed by the government in a public employee occupation is 
     paid out of the trust fund, individuals in the occupation any 
     part of whose pay is paid out of the trust fund will receive 
     pay at least equal to the prevailing rate of pay for 
     individuals employed in similar public employee occupations 
     by the government;
       ``(5) All laborers and mechanics employed by contractors or 
     subcontractors in the performance of any contract and 
     subcontract for the repair, renovation, alteration, or 
     construction, including painting and decorating, of any 
     building or work that is financed in whole or in part by a 
     grant under this title, shall be paid wages not less than 
     those determined by the Secretary of Labor in accordance with 
     the Act of March 3, 1931 (commonly known as the Davis-Bacon 
     Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of 
     Labor shall have the authority and functions set forth in 
     reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 
     1267) and section 2 of the Act of June 1, 1934 (commonly 
     known as the Copeland Anti-Kickback Act) as amended (40 
     U.S.C. 276c, 48 Stat. 948).
       ``(5) the government will use accounting, audit, and fiscal 
     procedures that conform to guidelines which shall be 
     prescribed by the Secretary after consultation with the 
     Comptroller General of the United States. As applicable, 
     amounts received under this chapter shall be audited in 
     compliance with the Single Audit Act of 1984;
       ``(6) after reasonable notice to the government, the 
     government will make available to the Secretary and the 
     Comptroller General of the United States, with the right to 
     inspect, records the Secretary reasonably requires to review 
     compliance with this chapter or the Comptroller General of 
     the United States reasonably requires to review compliance 
     and operations under section 6718(b);
       ``(7) the government will make reports the Secretary 
     reasonably requires, in addition to the annual reports 
     required under section 6719(b); and
       ``(8) the government will spend the funds only for the 
     purposes set forth in section 6701(a)(2).
       ``(e) Review by Governors.--A unit of general local 
     government shall give the chief executive officer of the 
     State in which the government is located an opportunity for 
     review and comment before establishing compliance with 
     subsection (d).
       ``(f) Sanctions for Noncompliance.--
       ``(1) In general.--If the Secretary decides that a unit of 
     general local government has not complied substantially with 
     subsection (d) or regulations prescribed under subsection 
     (d), the Secretary shall notify the government. The notice 
     shall state that if the government does not take corrective 
     action by the 60th day after the date the government receives 
     the notice, the Secretary will withhold additional payments 
     to the government for the current payment period and later 
     payment periods until the Secretary is satisfied that the 
     government--
       ``(A) has taken the appropriate corrective action; and
       ``(B) will comply with subsection (d) and regulations 
     prescribed under subsection (d).
       ``(2) Notice.--Before giving notice under paragraph (1), 
     the Secretary shall give the chief executive officer of the 
     unit of general local government reasonable notice and an 
     opportunity for comment.
       ``(3) Payment conditions.--The Secretary may make a payment 
     to a unit of general local government notified under 
     paragraph (1) only if the Secretary is satisfied that the 
     government--
       ``(A) has taken the appropriate corrective action; and
       ``(B) will comply with subsection (d) and regulations 
     prescribed under subsection (d).

     ``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) In general.--For the payment period beginning October 
     1, 1994, the amount allocated to a State under this 
     subsection for a payment period is the amount bearing the 
     same ratio to $5,300,000,000 as--
       ``(A) the population of the State, multiplied by the 
     general tax effort factor of the State (determined under 
     paragraph (2)), multiplied by the relative income factor of 
     the State (determined under paragraph (3)), multiplied by the 
     relative rate of the labor force unemployed in the State 
     (determined under paragraph (4)); bears to
       ``(B) the sum of the products determined under subparagraph 
     (A) of this paragraph for all States.
       ``(2) General tax effort factor.--The general tax effort 
     factor of a State for a payment period is--
       ``(A) the net amount of State and local taxes of the State 
     collected during the year 1991 as reported by the Bureau of 
     the Census in the publication Government Finances 1990-1991; 
     divided by
       ``(B) the total income of individuals, as determined by the 
     Secretary of Commerce for national accounts purposes for 1992 
     as reported in the publication Survey of Current Business 
     (August 1993), attributed to the State for the same year.
       ``(3) Relative income factor.--The relative income factor 
     of a State is a fraction in which--
       ``(A) the numerator is the per capita income of the United 
     States; and
       ``(B) the denominator is the per capita income of the 
     State.
       ``(4) Relative rate of labor force.--The relative rate of 
     the labor force unemployed in a State is a fraction in 
     which--
       ``(A) the numerator is the percentage of the labor force of 
     the State that is unemployed in the calendar year preceding 
     the payment period (as determined by the Secretary of Labor 
     for general statistical purposes); and
       ``(B) the denominator is the percentage of the labor force 
     of the United States that is unemployed in the calendar year 
     preceding the payment period (as determined by the Secretary 
     of Labor for general statistical purposes).
       ``(c) Alternative Formula.--For the payment period 
     beginning October 1, 1994, the amount allocated to a State 
     under this subsection for a payment period is the total 
     amount the State would receive if--
       ``(1) $1,166,666,667 were allocated among the States on the 
     basis of population by allocating to each State an amount 
     bearing the same ratio to the total amount to be allocated 
     under this paragraph as the population of the State bears to 
     the population of all States;
       ``(2) $1,166,666,667 were allocated among the States on the 
     basis of population inversely weighted for per capita income, 
     by allocating to each State an amount bearing the same ratio 
     to the total amount to be allocated under this paragraph as--
       ``(A) the population of the State, multiplied by a fraction 
     in which--
       ``(i) the numerator is the per capita income of all States; 
     and
       ``(ii) the denominator is the per capita income of the 
     State; bears to
       ``(B) the sum of the products determined under subparagraph 
     (A) for all States;
       ``(3) $600,000,000 were allocated among the States on the 
     basis of income tax collections by allocating to each State 
     an amount bearing the same ratio to the total amount to be 
     allocated under this paragraph as the income tax amount of 
     the State (determined under subsection (d)(1)) bears to the 
     sum of the income tax amounts of all States;
       ``(4) $600,000,000 were allocated among the States on the 
     basis of general tax effort by allocating to each State an 
     amount bearing the same ratio to the total amount to be 
     allocated under this paragraph as the general tax effort 
     amount of the State (determined under subsection (d)(2)) 
     bears to the sum of the general tax effort amounts of all 
     States;
       ``(5) $600,000,000 were allocated among the States on the 
     basis of unemployment by allocating to each State an amount 
     bearing the same ratio to the total amount to be allocated 
     under this paragraph as--
       ``(A) the labor force of the State, multiplied by a 
     fraction in which--
       ``(i) the numerator is the percentage of the labor force of 
     the State that is unemployed in the calendar year preceding 
     the payment period (as determined by the Secretary of Labor 
     for general statistical purposes); and
       ``(ii) the denominator is the percentage of the labor force 
     of the United States that is unemployed in the calendar year 
     preceding the payment period (as determined by the Secretary 
     of Labor for general statistical purposes)

     bears to
       ``(B) the sum of the products determined under subparagraph 
     (A) for all States; and
       ``(6) $1,166,666,667 were allocated among the States on the 
     basis of urbanized population by allocating to each State an 
     amount bearing the same ratio to the total amount to be 
     allocated under this paragraph as the urbanized population of 
     the State bears to the urbanized population of all States. In 
     this paragraph, the term `urbanized population' means the 
     population of an area consisting of a central city or cities 
     of at least 50,000 inhabitants and the surrounding closely 
     settled area for the city or cities considered as an 
     urbanized area as published by the Bureau of the Census for 
     1990 in the publication General Population Characteristics 
     for Urbanized Areas.
       ``(d) Income Tax Amount and Tax Effort Amount.--
       ``(1) Income tax amount.--The income tax amount of a State 
     for a payment period is 15 percent of the net amount 
     collected during the calendar year ending before the 
     beginning of the payment period from the tax imposed on the 
     income of individuals by the State and described as a State 
     income tax under section 164(a)(3) of the Internal Revenue 
     Code of 1986 (26 U.S.C. 164(a)(3)). The income tax amount for 
     a payment period shall be at least 1 percent but not more 
     than 6 percent of the United States Government individual 
     income tax liability attributed to the State for the taxable 
     year ending during the last calendar year ending before the 
     beginning of the payment period. The Secretary shall 
     determine the Government income tax liability attributed to 
     the State by using the data published by the Secretary for 
     1991 in the publication Statistics of Income Bulletin (Winter 
     1993-1994).
       ``(2) General tax effort amount.--The general tax effort 
     amount of a State for a payment period is the amount 
     determined by multiplying--
       ``(A) the net amount of State and local taxes of the State 
     collected during the year 1991 as reported in the Bureau of 
     Census in the publication Government Finances 1990-1991; and
       ``(B) the general tax effort factor of the State determined 
     under subsection (b)(2).
       ``(e) Allocation for Puerto Rico, Guam, American Samoa, and 
     the Virgin Islands.--
       ``(1) In general.--(A) For each payment period for which 
     funds are available for allocation under this chapter, the 
     Secretary shall allocate to each territorial government an 
     amount equal to the product of 1 percent of the amount of 
     funds available for allocation multiplied by the applicable 
     territorial percentage.
       ``(B) For the purposes of this paragraph, the applicable 
     territorial percentage of a territory is equal to the 
     quotient resulting from the division of the territorial 
     population of such territory by the sum of the territorial 
     population for all territories.
       ``(2) Payments to local governments.--The governments of 
     the territories shall make payments to local governments 
     within their jurisdiction from sums received under this 
     subsection as they consider appropriate.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) the term `territorial government' means the 
     government of a territory;
       ``(B) the term `territory' means Puerto Rico, Guam, 
     American Samoa, and the Virgin Islands; and
       ``(C) the term `territorial population' means the most 
     recent population for each territory as determined by the 
     Bureau of Census.

     ``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 (c). For the payment period 
     beginning October 1, 1994, the Secretary shall use as the 
     population of each Indian tribe or Alaskan native village the 
     population for 1991 as reported by the Bureau of Indian 
     Affairs in the publication Indian Service Population and 
     Labor Force Estimates (January 1991). In addition to uses 
     authorized under section 6701(a)(2), amounts allocated under 
     this subsection and paid to an Indian tribe or Alaskan native 
     village under this chapter may be used for renovating or 
     building prisons or other correctional facilities.
       ``(b) Newly Incorporated Local Governments and Annexed 
     Governments.--If there is in a State a unit of general local 
     government that has been incorporated since the date of the 
     collection of the data used by the Secretary in making 
     allocations pursuant to sections 6704 through 6706 and 6708, 
     the Secretary shall allocate to this newly incorporated local 
     government, out of the amount allocated to the State under 
     section 6704, an amount bearing the same ratio to the amount 
     allocated to the State as the population of the newly 
     incorporated local government bears to the population of the 
     State. If there is in the State a unit of general local 
     government that has been annexed since the date of the 
     collection of the data used by the Secretary in making 
     allocations pursuant to sections 6704 through 6706 and 6708, 
     the Secretary shall pay the amount that would have been 
     allocated to this local government to the unit of general 
     local government that annexed it.
       ``(c) Other Local Government Allocations.--
       ``(1) In general.--The Secretary shall allocate among the 
     units of general local government in a State (other than 
     units receiving allocations under subsection (a)) the amount 
     allocated to the State under section 6704 (as that amount is 
     reduced by allocations under subsection (a)). Of the amount 
     to be allocated, the Secretary shall allocate a portion equal 
     to \1/2\ of such amount in accordance with section 6706(1), 
     and shall allocate a portion equal to \1/2\ of such amount in 
     accordance with section 6706(2). A unit of general local 
     government shall receive an amount equal to the sum of 
     amounts allocated to the unit from each portion.
       ``(2) Ratio.--From each portion to be allocated to units of 
     local government in a State under paragraph (1), the 
     Secretary shall allocate to a unit an amount bearing the same 
     ratio to the funds to be allocated as--
       ``(A) the population of the unit, multiplied by the general 
     tax effort factor of the unit (determined under paragraph 
     (3)), multiplied by the income gap of the unit (determined 
     under paragraph (4)), bears to
       ``(B) the sum of the products determined under subparagraph 
     (A) for all units in the State for which the income gap for 
     that portion under paragraph (4) is greater than zero.
       ``(3) General tax effort factor.--(A) Except as provided in 
     subparagraph (C), the general tax effort factor of a unit of 
     general local government for a payment period is--
       ``(i) the adjusted taxes of the unit; divided by
       ``(ii) the total income attributed to the unit.
       ``(B) If the amount determined under subparagraphs (A) (i) 
     and (ii) for a unit of general local government is less than 
     zero, the general tax effort factor of the unit is deemed to 
     be zero.
       ``(C)(i) Except as otherwise provided in this subparagraph, 
     for the payment period beginning October 1, 1994, the 
     adjusted taxes of a unit of general local government are the 
     taxes imposed by the unit for public purposes (except 
     employee and employer assessments and contributions to 
     finance retirement and social insurance systems and other 
     special assessments for capital outlay), as determined by the 
     Bureau of the Census for the 1987 Census of Governments and 
     adjusted as follows:
       ``(I) Adjusted taxes equals total taxes times a fraction in 
     which the numerator is the sum of unrestricted revenues and 
     revenues dedicated for spending on education minus total 
     education spending and the denominator is total unrestricted 
     revenues.
       ``(II) Total taxes is the sum of property tax; general 
     sales tax; alcoholic beverage tax; amusement tax; insurance 
     premium tax; motor fuels tax; parimutuels tax; public 
     utilities tax; tobacco tax; other selective sales tax; 
     alcoholic beverage licenses, amusement licenses; corporation 
     licenses, hunting and fishing licenses; motor vehicle 
     licenses; motor vehicle operator licenses; public utility 
     licenses; occupation and business licenses, not elsewhere 
     classified; other licenses, individual income tax; 
     corporation net income tax; death and gift tax; documentary 
     and stock transfer tax; severance tax; and taxes not 
     elsewhere classified.
       ``(III) Unrestricted revenues is the sum of total taxes and 
     intergovernmental revenue from Federal Government, general 
     revenue sharing; intergovernmental revenue from Federal 
     Government, other general support; intergovernmental revenue 
     from Federal Government, other; intergovernmental revenue 
     from State government, other general support; 
     intergovernmental revenue from State government, other; 
     intergovernmental revenue from local governments, other 
     general support; intergovernmental revenue from local 
     governments, other; miscellaneous general revenue, property 
     sale-housing and community development; miscellaneous general 
     revenue, property sale-other property; miscellaneous general 
     revenue, interest earnings on investments; miscellaneous 
     general revenue, fines and forfeits; miscellaneous general 
     revenue, rents; miscellaneous general revenues, royalties; 
     miscellaneous general revenue, donations from private 
     sources; miscellaneous general revenue, net lottery revenue 
     (after prizes and administrative expenses); miscellaneous 
     general revenue, other miscellaneous general revenue; and all 
     other general charges, not elsewhere classified.
       ``(IV) Revenues dedicated for spending on education is the 
     sum of elementary and secondary education, school lunch; 
     elementary and secondary education, tuition; elementary and 
     secondary education, other; higher education, auxiliary 
     enterprises; higher education, other; other education, not 
     elsewhere classified; intergovernmental revenue from Federal 
     Government, education; intergovernmental revenue from State 
     government, education; intergovernmental revenue from local 
     governments, interschool system revenue; intergovernmental 
     revenue from local governments, education; interest earnings, 
     higher education; interest earnings, elementary and secondary 
     education; miscellaneous revenues, higher education; and 
     miscellaneous revenues, elementary and secondary education.
       ``(V) Total education spending is the sum of elementary and 
     secondary education, current operations; elementary and 
     secondary education, construction; elementary and secondary 
     education, other capital outlays; elementary and secondary 
     education, to State governments; elementary and secondary 
     education, to local governments, not elsewhere classified; 
     elementary and secondary education, to counties; elementary 
     and secondary education, to municipalities; elementary and 
     secondary education, to townships; elementary and secondary 
     education, to school districts; elementary and secondary 
     education, to special districts; higher education-auxiliary 
     enterprises, current operations; higher education-auxiliary 
     enterprises, construction; higher education, auxiliary 
     enterprises, other capital outlays; other higher education, 
     current operations; other higher education, construction; 
     other higher education, other capital outlays; other higher 
     education, to State government; other higher education, to 
     local governments, not elsewhere classified; other higher 
     education, to counties; other higher education, to 
     municipalities; other higher education, to townships; other 
     higher education, to school districts; other higher 
     education, to special districts; education assistance and 
     subsidies; education, not elsewhere classified, current 
     operations; education, not elsewhere classified, construction 
     education, not elsewhere classified, other capital outlays; 
     education, not elsewhere classified, to State government; 
     education, not elsewhere classified, to local governments, 
     not elsewhere classified; education, not elsewhere 
     classified, to counties; education, not elsewhere classified, 
     to municipalities; education, not elsewhere classified, to 
     townships; education, not elsewhere classified, to school 
     districts; education, not elsewhere classified, to special 
     districts; and education, not elsewhere classified, to 
     Federal Government.
       ``(VI) If the amount of adjusted taxes is less than zero, 
     the amount of adjusted tax shall be deemed to be zero.
       ``(VII) If the amount of adjusted taxes exceeds the amount 
     of total taxes, the amount of adjusted taxes is deemed to 
     equal the amount of total taxes.
       ``(ii) The Secretary shall, for purposes of clause (i), 
     include that part of sales taxes transferred to a unit of 
     general local government that are imposed by a county 
     government in the geographic area of which is located the 
     unit of general local government as taxes imposed by the unit 
     for public purposes if--
       ``(I) the county government transfers any part of the 
     revenue from the taxes to the unit of general local 
     government without specifying the purpose for which the unit 
     of general local government may expend the revenue; and
       ``(II) the chief executive officer of the State notifies 
     the Secretary that the taxes satisfy the requirements of this 
     clause.
       ``(iii) The adjusted taxes of a unit of general local 
     government shall not exceed the maximum allowable adjusted 
     taxes for that unit.
       ``(iv) The maximum allowable adjusted taxes for a unit of 
     general local government is the allowable adjusted taxes of 
     the unit minus the excess adjusted taxes of the unit.
       ``(v) The allowable adjusted taxes of a unit of general 
     government is the greater of--
       ``(I) the amount equal to 2.5, multiplied by the per capita 
     adjusted taxes of all units of general local government of 
     the same type in the State, multiplied by the population of 
     the unit; or
       ``(II) the amount equal to the population of the unit, 
     multiplied by the sum of the adjusted taxes of all units of 
     municipal local government in the State, divided by the sum 
     of the populations of all the units of municipal local 
     government in the State.
       ``(vi) The excess adjusted taxes of a unit of general local 
     government is the amount equal to--
       ``(I) the adjusted taxes of the unit, minus
       ``(II) 1.5 multiplied by the allowable adjusted taxes of 
     the unit;
     except that if this amount is less than zero then the excess 
     adjusted taxes of the unit is deemed to be zero.
       ``(vii) For purposes of this subparagraph--
       ``(I) the term `per capita adjusted taxes of all units of 
     general local government of the same type' means the sum of 
     the adjusted taxes of all units of general local government 
     of the same type divided by the sum of the populations of all 
     units of general local government of the same type; and
       ``(II) the term `units of general local government of the 
     same type' means all townships if the unit of general local 
     government is a township, all municipalities if the unit of 
     general local government is a municipality, all counties if 
     the unit of general local government is a county, or all 
     unified city/county governments if the unit of general local 
     government is a unified city/county government.
       ``(4) Income gap.--(A) Except as provided in subparagraph 
     (B), the income gap of a unit of general local government 
     is--
       ``(i) the number which applies under section 6706, 
     multiplied by the per capita income of the State in which the 
     unit is located; minus
       ``(ii) the per capita income of the geographic area of the 
     unit.
       ``(B) If the amount determined under subparagraph (A) for a 
     unit of general local government is less than zero, then the 
     relative income factor of the unit is deemed to be zero.
       ``(d) Small Government Allocations.--If the Secretary 
     decides that information available for a unit of general 
     local government with a population below a number (of not 
     more than 500) prescribed by the Secretary is inadequate, the 
     Secretary may allocate to the unit, in lieu of any allocation 
     under subsection (b) for a payment period, an amount bearing 
     the same ratio to the total amount to be allocated under 
     subsection (b) for the period for all units of general local 
     government in the State as the population of the unit bears 
     to the population of all units in the State.

     ``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); and
       ``(2) apply uniformly in the State.
       ``(b) Certification.--A variation by a State government 
     under this section may apply only if the Secretary certifies 
     that the variation complies with this section. The Secretary 
     may certify a variation only if the Secretary is notified of 
     the variation at least 30 days before the first payment 
     period in which the variation applies.

     ``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 to Units of General Local 
     Government.--If the amount allocated to a unit of general 
     local government (except an Indian tribe or an Alaskan native 
     village) for a payment period would be less than $5,000 but 
     for this subsection or is waived by the governing authority 
     of the unit of general local government, the Secretary shall 
     pay the amount to the Governor of the State in which the unit 
     is located.
       ``(c) Use of Payments to States.--The Governor of a State 
     shall use all amounts paid to the Governor under subsections 
     (a) and (b) for programs described in section 6701(a)(2) in 
     areas of the State where are located the units of general 
     local government with respect to which amounts are paid under 
     subsection (b).
       ``(d) De Minimis Allocations to Indian Tribes and Alaskan 
     Native Villages.--
       ``(1) Aggregation of de minimis allocations.--If the amount 
     allocated to an Indian tribe or an Alaskan native village for 
     a payment period would be less than $5,000 but for this 
     subsection or is waived by the chief elected official of the 
     tribe or village, the amount--
       ``(A) shall not be paid to the tribe or village (except 
     under paragraph (2)); and
       ``(B) shall be aggregated with other such amounts and 
     available for use by the Attorney General under paragraph 
     (2).
       ``(2) Use of aggregated amounts.--Amounts aggregated under 
     paragraph (1) for a payment period shall be available for use 
     by the Attorney General to make grants in the payment period 
     on a competitive basis to Indian Tribes and Alaskan native 
     village for--
       ``(A) programs described in section 6701(a)(2); or
       ``(B) renovating or building prisons or other correctional 
     facilities.

     ``Sec. 6709. Information used in allocation formulas

       ``(a) Population Data for Payment Period Beginning October 
     1, 1994.--For the payment period beginning October 1, 1994, 
     the Secretary, in making allocations pursuant to sections 
     6704 through 6706 and 6708, shall use for the population of 
     the States the population for 1992 as reported by the Bureau 
     of the Census in the publication Current Population Reports, 
     Series P-25, No. 1045 (July 1992) and for the population of 
     units of general local government the Secretary shall use the 
     population for 1990 as reported by the Bureau of the Census 
     in the publication Summary Social, Economic, and Housing 
     Characteristics.
       ``(b) Data for Payment Periods Beginning After September 
     30, 1995.--For any payment period beginning after September 
     30, 1995, the Secretary, in making allocations pursuant to 
     sections 6704 through 6706 and 6708, shall use information 
     more recent than the information used for the payment period 
     beginning October 1, 1994, provided the Secretary notifies 
     the Committee on Government Operations of the House of 
     Representatives at least 90 days prior to the beginning of 
     the payment period that the Secretary has determined that the 
     more recent information is more reliable than the information 
     used for the payment period beginning October 1, 1994.

     ``Sec. 6710. Public participation

       ``(a) Hearings.--
       ``(1) In general.--A unit of general local government 
     expending payments under this chapter shall hold at least one 
     public hearing on the proposed use of the payment in relation 
     to its entire budget. At the hearing, persons shall be given 
     an opportunity to provide written and oral views to the 
     governmental authority responsible for enacting the budget 
     and to ask questions about the entire budget and the relation 
     of the payment to the entire budget. The government shall 
     hold the hearing at a time and a place that allows and 
     encourages public attendance and participation.
       ``(2) Senior citizens.--A unit of general local government 
     holding a hearing required under this subsection or by the 
     budget process of the government shall try to provide senior 
     citizens and senior citizen organizations with an opportunity 
     to present views at the hearing before the government makes a 
     final decision on the use of the payment.
       ``(b) Disclosure of Information.--
       ``(1) In general.--By the 10th day before a hearing 
     required under subsection (a)(1) is held, a unit of general 
     local government shall--
       ``(A) make available for inspection by the public at the 
     principal office of the government a statement of the 
     proposed use of the payment and a summary of the proposed 
     budget of the government; and
       ``(B) publish in at least one newspaper of general 
     circulation the proposed use of the payment with the summary 
     of the proposed budget and a notice of the time and place of 
     the hearing.
       ``(2) Availability.--By the 30th day after adoption of the 
     budget under State or local law, the government shall--
       ``(A) make available for inspection by the public at the 
     principal office of the government a summary of the adopted 
     budget, including the proposed use of the payment; and
       ``(B) publish in at least one newspaper of general 
     circulation a notice that the information referred to in 
     subparagraph (A) is available for inspection.
       ``(c) Waivers of Requirements.--A requirement--
       ``(1) under subsection (a)(1) may be waived if the budget 
     process required under the applicable State or local law or 
     charter provisions--
       ``(A) ensures the opportunity for public attendance and 
     participation contemplated by subsection (a); and
       ``(B) includes a hearing on the proposed use of a payment 
     received under this chapter in relation to the entire budget 
     of the government; and
       ``(2) under subsection (b)(1)(B) and paragraph (2)(B) may 
     be waived if the cost of publishing the information would be 
     unreasonably burdensome in relation to the amount allocated 
     to the government from amounts available for payment under 
     this chapter, or if publication is otherwise impracticable.
       ``(d) Exception to 10-Day Limitation.--If the Secretary is 
     satisfied that a unit of general local government will 
     provide adequate notice of the proposed use of a payment 
     received under this chapter, the 10-day period under 
     subsection (b)(1) may be changed to the extent necessary to 
     comply with applicable State or local law.

     ``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) Proceeding.--A proceeding requested under subsection 
     (c)(2) shall begin by the 30th day after the Secretary 
     receives a request for the proceeding. The proceeding shall 
     be before an administrative law judge appointed under section 
     3105 of title 5, United States Code. By the 30th day after 
     the beginning of the proceeding, the judge shall issue a 
     preliminary decision based on the record at the time on 
     whether the unit of general local government is likely to 
     prevail in showing compliance with section 6711 (a) or (b).
       ``(2) Decision.--If the administrative law judge decides at 
     the end of a proceeding under paragraph (1) that the unit of 
     general local government has--
       ``(A) not complied with section 6711 (a) or (b), the judge 
     may order payments to the government under this chapter 
     terminated; or
       ``(B) complied with section 6711 (a) or (b), a suspension 
     under section 6713(a)(1)(A) shall be discontinued promptly.
       ``(3) Likelihood of prevailing.--An administrative law 
     judge may not issue a preliminary decision that the 
     government is not likely to prevail if the judge has issued a 
     decision described in paragraph (2)(A).
       ``(e) Basis for Review.--In a proceeding under subsections 
     (b) through (d) on a program or activity of a unit of general 
     local government about which a holding of discrimination has 
     been made, the Secretary or administrative law judge may 
     consider only whether a payment under this chapter was used 
     to pay for any part of the program or activity. The holding 
     of discrimination is conclusive. If the holding is reversed 
     by an appellate court, the Secretary or judge shall end the 
     proceeding.

     ``Sec. 6713. Suspension and termination of payments in 
       discrimination proceedings

       ``(a) Imposition and Continuation of Suspensions.--
       ``(1) In general.--The Secretary shall suspend payment 
     under this chapter to a unit of general local government--
       ``(A) if an administrative law judge appointed under 
     section 3105 of title 5, United States Code, issues a 
     preliminary decision in a proceeding under section 6712(d)(1) 
     that the government is not likely to prevail in showing 
     compliance with section 6711 (a) and (b);
       ``(B) if the administrative law judge decides at the end of 
     the proceeding that the government has not complied with 
     section 6711 (a) or (b), unless the government makes a 
     compliance agreement under section 6714 by the 30th day after 
     the decision; or
       ``(C) if required under section 6712(c).
       ``(2) Effectiveness.--A suspension already ordered under 
     paragraph (1)(A) continues in effect if the administrative 
     law judge makes a decision under paragraph (1)(B).
       ``(b) Lifting of Suspensions and Terminations.--If a 
     holding of discrimination is reversed by an appellate court, 
     a suspension or termination of payments in a proceeding based 
     on the holding shall be discontinued.
       ``(c) Resumption of Payments Upon Attaining Compliance.--
     The Secretary may resume payment to a unit of general local 
     government of payments suspended by the Secretary only--
       ``(1) as of the time of, and under the conditions stated 
     in--
       ``(A) the approval by the Secretary of a compliance 
     agreement under section 6714(a)(1); or
       ``(B) a compliance agreement entered into by the Secretary 
     under section 6714(a)(2);
       ``(2) if the government complies completely with an order 
     of a United States court, a State court, or administrative 
     law judge that covers all matters raised in a notice of 
     noncompliance submitted by the Secretary under section 
     6712(a);
       ``(3) if a United States court, a State court, or an 
     administrative law judge decides (including a judge in a 
     proceeding under section 6712(d)(1)), that the government has 
     complied with sections 6711 (a) and (b); or
       ``(4) if a suspension is discontinued under subsection (b).
       ``(d) Payment of Damages as Compliance.--For purposes of 
     subsection (c)(2), compliance by a government may consist of 
     the payment of restitution to a person injured because the 
     government did not comply with section 6711 (a) or (b).
       ``(e) Resumption of Payments Upon Reversal by Court.--The 
     Secretary may resume payment to a unit of general local 
     government of payments terminated under section 6712(d)(2)(A) 
     only if the decision resulting in the termination is reversed 
     by an appellate court.

     ``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(f), 
     suspending payments under section 6713(a)(1)(B), or 
     terminating payments under section 6712(d)(2)(A), may apply 
     for review of the action of the Secretary by filing a 
     petition for review with the court of appeals of the United 
     States for the circuit in which the government is located. 
     The petition shall be filed by the 60th day after the date 
     the notice is received. The clerk of the court shall 
     immediately send a copy of the petition to the Secretary.
       ``(b) Filing of Record of Administrative Proceeding.--The 
     Secretary shall file with the court a record of the 
     proceeding on which the Secretary based the action. The court 
     may consider only objections to the action of the Secretary 
     that were presented before the Secretary.
       ``(c) Court Action.--The court may affirm, change, or set 
     aside any part of the action of the Secretary. The findings 
     of fact by the Secretary are conclusive if supported by 
     substantial evidence in the record. If a finding is not 
     supported by substantial evidence in the record, the court 
     may remand the case to the Secretary to take additional 
     evidence. Upon such a remand, the Secretary may make new or 
     modified findings and shall certify additional proceedings to 
     the court.
       ``(d) Review Only by Supreme Court.--A judgment of a court 
     under this section may be reviewed only by the Supreme Court 
     under section 1254 of title 28, United States Code.

     ``Sec. 6718. Investigations and reviews

       ``(a) Investigations by Secretary.--
       ``(1) In general.--The Secretary shall within a reasonable 
     time limit--
       ``(A) carry out an investigation and make a finding after 
     receiving a complaint referred to in section 6716(b), a 
     determination by a State or local administrative agency, or 
     other information about a possible violation of this chapter;
       ``(B) carry out audits and reviews (including 
     investigations of allegations) about possible violations of 
     this chapter; and
       ``(C) advise a complainant of the status of an audit, 
     investigation, or review of an allegation by the complainant 
     of a violation of section 6711 (a) or (b) or other provision 
     of this chapter.
       ``(2) Time limit.--The maximum time limit under paragraph 
     (1)(A) is 120 days.
       ``(b) Reviews by Comptroller General.--The Comptroller 
     General of the United States shall carry out reviews of the 
     activities of the Secretary, State governments, and units of 
     general local government necessary for the Congress to 
     evaluate compliance and operations under this chapter. These 
     reviews shall include a comparison of the waste and 
     inefficiency of local governments using funds under this 
     chapter compared to waste and inefficiency with other 
     comparable Federal programs.

     ``Sec. 6719. Reports

       ``(a) Reports by Secretary to Congress.--Before June 2 of 
     each year prior to 2002, the Secretary personally shall 
     report to the Congress on--
       ``(1) the status and operation of the Local Government 
     Fiscal Assistance Fund during the prior fiscal year; and
       ``(2) the administration of this chapter, including a 
     complete and detailed analysis of--
       ``(A) actions taken to comply with sections 6711 through 
     6715, including a description of the kind and extent of 
     noncompliance and the status of pending complaints;
       ``(B) the extent to which units of general local government 
     receiving payments under this chapter have complied with the 
     requirements of this chapter;
       ``(C) the way in which payments under this chapter have 
     been distributed in the jurisdictions receiving payments; and
       ``(D) significant problems in carrying out this chapter and 
     recommendations for legislation to remedy the problems.
       ``(b) Reports by Units of General Local Government to 
     Secretary.--
       ``(1) In general.--At the end of each fiscal year, each 
     unit of general local government which received a payment 
     under this chapter for the fiscal year shall submit a report 
     to the Secretary. The report shall be submitted in the form 
     and at a time prescribed by the Secretary and shall be 
     available to the public for inspection. The report shall 
     state--
       ``(A) the amounts and purposes for which the payment has 
     been appropriated, expended, or obligated in the fiscal year;
       ``(B) the relationship of the payment to the relevant 
     functional items in the budget of the government; and
       ``(C) the differences between the actual and proposed use 
     of the payment.
       ``(2) Availability of report.--The Secretary shall provide 
     a copy of a report submitted under paragraph (1) by a unit of 
     general local government to the chief executive officer of 
     the State in which the government is located. The Secretary 
     shall provide the report in the manner and form prescribed by 
     the Secretary.

     ``Sec. 6720. Definitions, application, and administration

       ``(a) Definitions.--In this chapter--
       ``(1) `unit of general local government' means--
       ``(A) a county, township, city, or political subdivision of 
     a county, township, or city, that is a unit of general local 
     government as determined by the Secretary of Commerce for 
     general statistical purposes; and
       ``(B) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaskan Native village that 
     carries out substantial governmental duties and powers;
       ``(2) `payment period' means each 1-year period beginning 
     on October 1 of the years 1994 through 2000;
       ``(3) `State and local taxes' means taxes imposed by a 
     State government or unit of general local government or other 
     political subdivision of a State government for public 
     purposes (except employee and employer assessments and 
     contributions to finance retirement and social insurance 
     systems and other special assessments for capital outlay) as 
     determined by the Secretary of Commerce for general 
     statistical purposes;
       ``(4) `State' means any of the several States and the 
     District of Columbia;
       ``(5) `income' means the total money income received from 
     all sources as determined by the Secretary of Commerce for 
     general statistical purposes, which for units of general 
     local government is reported by the Bureau of the Census for 
     1990 in the publication Summary Social, Economic, and Housing 
     Characteristics;
       ``(6) `per capita income' means--
       ``(A) in the case of the United States, the income of the 
     United States divided by the population of the United States;
       ``(B) in the case of a State, the income of that State, 
     divided by the population of that State; and
       ``(C) in the case of a unit of general local government, 
     the income of that unit of general local government divided 
     by the population of the unit of general local government;
       ``(7) `finding of discrimination' means a decision by the 
     Secretary about a complaint described in section 6716(b), a 
     decision by a State or local administrative agency, or other 
     information (under regulations prescribed by the Secretary) 
     that it is more likely than not that a unit of general local 
     government has not complied with section 6711 (a) or (b);
       ``(8) `holding of discrimination' means a holding by a 
     United States court, a State court, or an administrative law 
     judge appointed under section 3105 of title 5, United States 
     Code, that a unit of general local government expending 
     amounts received under this chapter has--
       ``(A) excluded a person in the United States from 
     participating in, denied the person the benefits of, or 
     subjected the person to discrimination under, a program or 
     activity because of race, color, national origin, or sex; or
       ``(B) violated a prohibition against discrimination 
     described in section 6711(b); and
       ``(9) `Secretary' means the Secretary of Housing and Urban 
     Development.
       ``(b) Delegation of Administration.--The Secretary may 
     enter into agreements with other executive branch departments 
     and agencies to delegate to that department or agency all or 
     part of the Secretary's responsibility for administering this 
     chapter.
       ``(c) Treatment of Subsumed Areas.--If the entire 
     geographic area of a unit of general local government is 
     located in a larger entity, the unit of general local 
     government is deemed to be located in the larger entity. If 
     only part of the geographic area of a unit is located in a 
     larger entity, each part is deemed to be located in the 
     larger entity and to be a separate unit of general local 
     government in determining allocations under this chapter. 
     Except as provided in regulations prescribed by the 
     Secretary, the Secretary shall make all data computations 
     based on the ratio of the estimated population of the part to 
     the population of the entire unit of general local 
     government.
       ``(d) Boundary and Other Changes.--If a boundary line 
     change, a State statutory or constitutional change, 
     annexation, a governmental reorganization, or other 
     circumstance results in the application of sections 6704 
     through 6708 in a way that does not carry out the purposes of 
     sections 6701 through 6708, the Secretary shall apply 
     sections 6701 through 6708 under regulations of the Secretary 
     in a way that is consistent with those purposes.''.
       (b) Issuance of Regulations.--Within 90 days of the date of 
     enactment of this Act the Secretary shall issue regulations, 
     which may be interim regulations, to implement subsection 
     (a), modifying the regulations for carrying into effect the 
     Revenue Sharing Act that were in effect as of July 1, 1987, 
     and that were published in 31 C.F.R. part 51. The Secretary 
     need not hold a public hearing before issuing these 
     regulations.
       (c) Deficit Neutrality.--Any appropriation to carry out the 
     amendment made by this subtitle to title 31, United States 
     Code, for fiscal year 1995 or 1996 shall be offset by cuts 
     elsewhere in appropriations for that fiscal year.

     SEC. 31002. TECHNICAL AMENDMENT.

       The table of chapters at the beginning of subtitle V of 
     title 31, United States Code, is amended by adding after the 
     item relating to chapter 65 the following:

``67. Federal payments......................................6701''.....

          Subtitle K--National Community Economic Partnership

     SEC. 31101. SHORT TITLE.

       This subtitle may be cited as the ``National Community 
     Economic Partnership Act of 1994''.

       CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

     SEC. 31111. PURPOSE.

       It is the purpose of this chapter to increase private 
     investment in distressed local communities and to build and 
     expand the capacity of local institutions to better serve the 
     economic needs of local residents through the provision of 
     financial and technical assistance to community development 
     corporations.

     SEC. 31112. PROVISION OF ASSISTANCE.

       (a) Authority.--The Secretary of Health and Human Services 
     (referred to in this subtitle as the ``Secretary'') may, in 
     accordance with this chapter, provide nonrefundable lines of 
     credit to community development corporations for the 
     establishment, maintenance or expansion of revolving loan 
     funds to be utilized to finance projects intended to provide 
     business and employment opportunities for low-income, 
     unemployed, or underemployed individuals and to improve the 
     quality of life in urban and rural areas.
       (b) Revolving Loan Funds.--
       (1) Competitive assessment of applications.--In providing 
     assistance under subsection (a), the Secretary shall 
     establish and implement a competitive process for the 
     solicitation and consideration of applications from eligible 
     entities for lines of credit for the capitalization of 
     revolving funds.
       (2) Eligible entities.--To be eligible to receive a line of 
     credit under this chapter an applicant shall--
       (A) be a community development corporation;
       (B) prepare and submit an application to the Secretary that 
     shall include a strategic investment plan that identifies and 
     describes the economic characteristics of the target area to 
     be served, the types of business to be assisted and the 
     impact of such assistance on low-income, underemployed, and 
     unemployed individuals in the target area;
       (C) demonstrate previous experience in the development of 
     low-income housing or community or business development 
     projects in a low-income community and provide a record of 
     achievement with respect to such projects; and
       (D) have secured one or more commitments from local sources 
     for contributions (either in cash or in kind, letters of 
     credit or letters of commitment) in an amount that is at 
     least equal to the amount requested in the application 
     submitted under subparagraph (B).
       (3) Exception.--Notwithstanding the provisions of paragraph 
     (2)(D), the Secretary may reduce local contributions to not 
     less than 25 percent of the amount of the line of credit 
     requested by the community development corporation if the 
     Secretary determines such to be appropriate in accordance 
     with section 31116.

     SEC. 31113. APPROVAL OF APPLICATIONS.

       (a) In General.--In evaluating applications submitted under 
     section 31112(b)(2)(B), the Secretary shall ensure that--
       (1) the residents of the target area to be served (as 
     identified under the strategic development plan) would have 
     an income that is less than the median income for the area 
     (as determined by the Secretary);
       (2) the applicant community development corporation 
     possesses the technical and managerial capability necessary 
     to administer a revolving loan fund and has past experience 
     in the development and management of housing, community and 
     economic development programs;
       (3) the applicant community development corporation has 
     provided sufficient evidence of the existence of good working 
     relationships with--
       (A) local businesses and financial institutions, as well as 
     with the community the corporation proposes to serve; and
       (B) local and regional job training programs;
       (4) the applicant community development corporation will 
     target job opportunities that arise from revolving loan fund 
     investments under this chapter so that 75 percent of the jobs 
     retained or created under such investments are provided to--
       (A) individuals with--
       (i) incomes that do not exceed the Federal poverty line; or
       (ii) incomes that do not exceed 80 percent of the median 
     income of the area;
       (B) individuals who are unemployed or underemployed;
       (C) individuals who are participating or have participated 
     in job training programs authorized under the Job Training 
     Partnership Act (29 U.S.C. 1501 et seq.) or the Family 
     Support Act of 1988 (Public Law 100-485);
       (D) individuals whose jobs may be retained as a result of 
     the provision of financing available under this chapter; or
       (E) individuals who have historically been underrepresented 
     in the local economy; and
       (5) a representative cross section of applicants are 
     approved, including large and small community development 
     corporations, urban and rural community development 
     corporations and community development corporations 
     representing diverse populations.
       (b) Priority.--In determining which application to approve 
     under this chapter the Secretary shall give priority to those 
     applicants proposing to serve a target area--
       (1) with a median income that does not exceed 80 percent of 
     the median for the area (as determined by the Secretary); and
       (2) with a high rate of unemployment, as determined by the 
     Secretary or in which the population loss is at least 7 
     percent from April 1, 1980, to April 1, 1990, as reported by 
     the Bureau of the Census.

     SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.

       (a) Approval of Application.--The Secretary shall provide a 
     community development corporation that has an application 
     approved under section 31113 with a line of credit in an 
     amount determined appropriate by the Secretary, subject to 
     the limitations contained in subsection (b).
       (b) Limitations on Availability of Amounts.--
       (1) Maximum amount.--The Secretary shall not provide in 
     excess of $2,000,000 in lines of credit under this chapter to 
     a single applicant.
       (2) Period of availability.--A line of credit provided 
     under this chapter shall remain available over a period of 
     time established by the Secretary, but in no event shall any 
     such period of time be in excess of 3 years from the date on 
     which such line of credit is made available.
       (3) Exception.--Notwithstanding paragraphs (1) and (2), if 
     a recipient of a line of credit under this chapter has made 
     full and productive use of such line of credit, can 
     demonstrate the need and demand for additional assistance, 
     and can meet the requirements of section 31112(b)(2), the 
     amount of such line of credit may be increased by not more 
     than $1,500,000.
       (c) Amounts Drawn From Line of Credit.--Amounts drawn from 
     each line of credit under this chapter shall be used solely 
     for the purposes described in section 31111 and shall only be 
     drawn down as needed to provide loans, investments, or to 
     defray administrative costs related to the establishment of a 
     revolving loan fund.
       (d) Use of Revolving Loan Funds.--Revolving loan funds 
     established with lines of credit provided under this chapter 
     may be used to provide technical assistance to private 
     business enterprises and to provide financial assistance in 
     the form of loans, loan guarantees, interest reduction 
     assistance, equity shares, and other such forms of assistance 
     to business enterprises in target areas and who are in 
     compliance with section 31113(a)(4).

     SEC. 31115. LIMITATIONS ON USE OF FUNDS.

       (a) Matching Requirement.--Not to exceed 50 percent of the 
     total amount to be invested by an entity under this chapter 
     may be derived from funds made available from a line of 
     credit under this chapter.
       (b) Technical Assistance and Administration.--Not to exceed 
     10 percent of the amounts available from a line of credit 
     under this chapter shall be used for the provision of 
     training or technical assistance and for the planning, 
     development, and management of economic development projects. 
     Community development corporations shall be encouraged by the 
     Secretary to seek technical assistance from other community 
     development corporations, with expertise in the planning, 
     development and management of economic development projects. 
     The Secretary shall assist in the identification and 
     facilitation of such technical assistance.
       (c) Local and Private Sector Contributions.--To receive 
     funds available under a line of credit provided under this 
     chapter, an entity, using procedures established by the 
     Secretary, shall demonstrate to the community development 
     corporation that such entity agrees to provide local and 
     private sector contributions in accordance with section 
     31112(b)(2)(D), will participate with such community 
     development corporation in a loan, guarantee or investment 
     program for a designated business enterprise, and that the 
     total financial commitment to be provided by such entity is 
     at least equal to the amount to be drawn from the line of 
     credit.
       (d) Use of Proceeds From Investments.--Proceeds derived 
     from investments made using funds made available under this 
     chapter may be used only for the purposes described in 
     section 31111 and shall be reinvested in the community in 
     which they were generated.

     SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.

       (a) In General.--The Secretary shall give priority in 
     providing lines of credit under this chapter to community 
     development corporations that propose to undertake economic 
     development activities in distressed communities that target 
     women, Native Americans, at risk youth, farmworkers, 
     population-losing communities, very low-income communities, 
     single mothers, veterans, and refugees; or that expand 
     employee ownership of private enterprises and small 
     businesses, and to programs providing loans of not more than 
     $35,000 to very small business enterprises.
       (b) Reservation of Funds.--Not less than 5 percent of the 
     amounts made available under section 31112(a)(2)(A) may be 
     reserved to carry out the activities described in subsection 
     (a).

         CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

     SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT 
                   GRANTS.

       (a) Purpose.--It is the purpose of this section to provide 
     assistance to community development corporations to upgrade 
     the management and operating capacity of such corporations 
     and to enhance the resources available to enable such 
     corporations to increase their community economic development 
     activities.
       (b) Skill Enhancement Grants.--
       (1) In general.--The Secretary shall award grants to 
     community development corporations to enable such 
     corporations to attain or enhance the business management and 
     development skills of the individuals that manage such 
     corporations to enable such corporations to seek the public 
     and private resources necessary to develop community economic 
     development projects.
       (2) Use of funds.--A recipient of a grant under paragraph 
     (1) may use amounts received under such grant--
       (A) to acquire training and technical assistance from 
     agencies or institutions that have extensive experience in 
     the development and management of low-income community 
     economic development projects; or
       (B) to acquire such assistance from other highly successful 
     community development corporations.
       (c) Operating Grants.--
       (1) In general.--The Secretary shall award grants to 
     community development corporations to enable such 
     corporations to support an administrative capacity for the 
     planning, development, and management of low-income community 
     economic development projects.
       (2) Use of funds.--A recipient of a grant under paragraph 
     (1) may use amounts received under such grant--
       (A) to conduct evaluations of the feasibility of potential 
     low-income community economic development projects that 
     address identified needs in the low-income community and that 
     conform to those projects and activities permitted under 
     subtitle A;
       (B) to develop a business plan related to such a potential 
     project; or
       (C) to mobilize resources to be contributed to a planned 
     low-income community economic development project or 
     strategy.
       (d) Applications.--A community development corporation that 
     desires to receive a grant under this section shall prepare 
     and submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (e) Amount Available for a Community Development 
     Corporation.--Amounts provided under this section to a 
     community development corporation shall not exceed $75,000 
     per year. Such corporations may apply for grants under this 
     section for up to 3 consecutive years, except that such 
     corporations shall be required to submit a new application 
     for each grant for which such corporation desires to receive 
     and compete on the basis of such applications in the 
     selection process.

     SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION 
                   REVOLVING LOAN FUNDS.

       (a) Authority.--The Secretary may award grants to emerging 
     community development corporations to enable such 
     corporations to establish, maintain or expand revolving loan 
     funds, to make or guarantee loans, or to make capital 
     investments in new or expanding local businesses.
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       (1) be a community development corporation;
       (2) have completed not less than one nor more than two 
     community economic development projects or related projects 
     that improve or provide job and employment opportunities to 
     low-income individuals;
       (3) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including a strategic investment 
     plan that identifies and describes the economic 
     characteristics of the target area to be served, the types of 
     business to be assisted using amounts received under the 
     grant and the impact of such assistance on low-income 
     individuals; and
       (4) have secured one or more commitments from local sources 
     for contributions (either in cash or in kind, letters of 
     credit, or letters of commitment) in an amount that is equal 
     to at least 10 percent of the amounts requested in the 
     application submitted under paragraph (2).
       (c) Use of the Revolving Loan Fund.--
       (1) In general.--A revolving loan fund established or 
     maintained with amounts received under this section may be 
     utilized to provide financial and technical assistance, 
     loans, loan guarantees or investments to private business 
     enterprises to--
       (A) finance projects intended to provide business and 
     employment opportunities for low-income individuals and to 
     improve the quality of life in urban and rural areas; and
       (B) build and expand the capacity of emerging community 
     development corporations and serve the economic needs of 
     local residents.
       (2) Technical assistance.--The Secretary shall encourage 
     emerging community development corporations that receive 
     grants under this section to seek technical assistance from 
     established community development corporations, with 
     expertise in the planning, development and management of 
     economic development projects and shall facilitate the 
     receipt of such assistance.
       (3) Limitation.--Not to exceed 10 percent of the amounts 
     received under this section by a grantee shall be used for 
     training, technical assistance and administrative purposes.
       (d) Use of Proceeds From Investments.--Proceeds derived 
     from investments made with amounts provided under this 
     section may be utilized only for the purposes described in 
     this subtitle and shall be reinvested in the community in 
     which they were generated.
       (e) Amounts Available.--Amounts provided under this section 
     to a community development corporation shall not exceed 
     $500,000 per year.

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

     SEC. 31131. DEFINITIONS.

       As used in this subtitle:
       (1) Community development corporation.--The term 
     ``community development corporation'' means a private, 
     nonprofit corporation whose board of directors is comprised 
     of business, civic and community leaders, and whose principal 
     purpose includes the provision of low-income housing or 
     community economic development projects that primarily 
     benefit low-income individuals and communities.
       (2) Local and private sector contribution.--The term 
     ``local and private sector contribution'' means the funds 
     available at the local level (by private financial 
     institutions, State and local governments) or by any private 
     philanthropic organization and private, nonprofit 
     organizations that will be committed and used solely for the 
     purpose of financing private business enterprises in 
     conjunction with amounts provided under this subtitle.
       (3) Population-losing community.--The term ``population-
     losing community'' means any county in which the net 
     population loss is at least 7 percent from April 1, 1980 to 
     April 1, 1990, as reported by the Bureau of the Census.
       (4) Private business enterprise.--The term ``private 
     business enterprise'' means any business enterprise that is 
     engaged in the manufacture of a product, provision of a 
     service, construction or development of a facility, or that 
     is involved in some other commercial, manufacturing or 
     industrial activity, and that agrees to target job 
     opportunities stemming from investments authorized under this 
     subtitle to certain individuals.
       (5) Target area.--The term ``target area'' means any area 
     defined in an application for assistance under this subtitle 
     that has a population whose income does not exceed the median 
     for the area within which the target area is located.
       (6) Very low-income community.--The term ``very low-income 
     community'' means a community in which the median income of 
     the residents of such community does not exceed 50 percent of 
     the median income of the area.

     SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out chapters 1 and 2--
       (1) $45,000,000 for fiscal year 1996;
       (2) $72,000,000 for fiscal year 1997;
       (3) $76,500,000 for fiscal year 1998; and
       (4) $76,500,000 for fiscal year 1999.
       (b) Earmarks.--Of the aggregate amount appropriated under 
     subsection (a) for each fiscal year--
       (1) 60 percent shall be available to carry out chapter 1; 
     and
       (2) 40 percent shall be available to carry out chapter 2.
       (c) Amounts.--Amounts appropriated under subsection (a) 
     shall remain available for expenditure without fiscal year 
     limitation.

     SEC. 31133. PROHIBITION.

       None of the funds authorized under this subtitle shall be 
     used to finance the construction of housing.
             Subtitle O--Urban Recreation and At-Risk Youth

     SEC. 31501. PURPOSE OF ASSISTANCE.

       Section 1003 of the Urban Park and Recreation Recovery Act 
     of 1978 is amended by adding the following at the end: ``It 
     is further the purpose of this title to improve recreation 
     facilities and expand recreation services in urban areas with 
     a high incidence of crime and to help deter crime through the 
     expansion of recreation opportunities for at-risk youth. It 
     is the further purpose of this section to increase the 
     security of urban parks and to promote collaboration between 
     local agencies involved in parks and recreation, law 
     enforcement, youth social services, and juvenile justice 
     system.''.

     SEC. 31502. DEFINITIONS.

       Section 1004 of the Urban Park and Recreation Recovery Act 
     of 1978 is amended by inserting the following new subsection 
     after subsection (c) and by redesignating subsections (d) 
     through (j) as (e) through (k), respectively:
       ``(d) `at-risk youth recreation grants' means--
       ``(1) rehabilitation grants,
       ``(2) innovation grants, or
       ``(3) matching grants for continuing program support for 
     programs of demonstrated value or success in providing 
     constructive alternatives to youth at risk for engaging in 
     criminal behavior, including grants for operating, or 
     coordinating recreation programs and services;

     in neighborhoods and communities with a high prevalence of 
     crime, particularly violent crime or crime committed by 
     youthful offenders; in addition to the purposes specified in 
     subsection (b), rehabilitation grants referred to in 
     paragraph (1) of this subsection may be used for the 
     provision of lighting, emergency phones or other capital 
     improvements which will improve the security of urban 
     parks;''.

     SEC. 31503. CRITERIA FOR SELECTION.

       Section 1005 of the Urban Park and Recreation Recovery Act 
     of 1978 is amended by striking ``and'' at the end of 
     paragraph (6), by striking the period at the end of paragraph 
     (7) and inserting ``; and'' and by adding the following at 
     the end:
       ``(8) in the case of at-risk youth recreation grants, the 
     Secretary shall give a priority to each of the following 
     criteria:
       ``(A) Programs which are targeted to youth who are at the 
     greatest risk of becoming involved in violence and crime.
       ``(B) Programs which teach important values and life 
     skills, including teamwork, respect, leadership, and self-
     esteem.
       ``(C) Programs which offer tutoring, remedial education, 
     mentoring, and counseling in addition to recreation 
     opportunities.
       ``(D) Programs which offer services during late night or 
     other nonschool hours.
       ``(E) Programs which demonstrate collaboration between 
     local park and recreation, juvenile justice, law enforcement, 
     and youth social service agencies and nongovernmental 
     entities, including the private sector and community and 
     nonprofit organizations.
       ``(F) Programs which leverage public or private recreation 
     investments in the form of services, materials, or cash.
       ``(G) Programs which show the greatest potential of being 
     continued with non-Federal funds or which can serve as models 
     for other communities.''.

     SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.

       Section 1007(b) of the Urban Park and Recreation Recovery 
     Act of 1978 is amended by adding the following at the end: 
     ``In order to be eligible to receive `at-risk youth 
     recreation grants' a local government shall amend its 5-year 
     action program to incorporate the goal of reducing crime and 
     juvenile delinquency and to provide a description of the 
     implementation strategies to achieve this goal. The plan 
     shall also address how the local government is coordinating 
     its recreation programs with crime prevention efforts of law 
     enforcement, juvenile corrections, and youth social service 
     agencies.''.

     SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

       (a) Program Support.--Section 1013 of the Urban Park and 
     Recreation Recovery Act of 1978 is amended by inserting 
     ``(a)In General.--'' after ``1013'' and by adding 
     the following new subsection at the end:
       ``(b) Program Support.--Not more than 25 percent of the 
     amounts made available under this title to any local 
     government may be used for program support.''.
       (b) Extension.--Section 1003 of the Urban Park and 
     Recreation Recovery Act of 1978 is amended by striking ``for 
     a period of five years'' and by striking ``short-term''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subtitle--
       (1) $2,700,000 for fiscal year 1996;
       (2) $450,000 for fiscal year 1997;
       (3) $450,000 for fiscal year 1998;
       (4) $450,000 for fiscal year 1999; and
       (5) $450,000 for fiscal year 2000.
       Subtitle Q--Community-Based Justice Grants for Prosecutors

     SEC. 31701. GRANT AUTHORIZATION.

       (a) In General.--The Attorney General may make grants to 
     State, Indian tribal, or local prosecutors for the purpose of 
     supporting the creation or expansion of community-based 
     justice programs.
       (b) Consultation.--The Attorney General may consult with 
     the Ounce of Prevention Council in making grants under 
     subsection (a).

     SEC. 31702. USE OF FUNDS.

       Grants made by the Attorney General under this section 
     shall be used--
       (1) to fund programs that require the cooperation and 
     coordination of prosecutors, school officials, police, 
     probation officers, youth and social service professionals, 
     and community members in the effort to reduce the incidence 
     of, and increase the successful identification and speed of 
     prosecution of, young violent offenders;
       (2) to fund programs in which prosecutors focus on the 
     offender, not simply the specific offense, and impose 
     individualized sanctions, designed to deter that offender 
     from further antisocial conduct, and impose increasingly 
     serious sanctions on a young offender who continues to commit 
     offenses;
       (3) to fund programs that coordinate criminal justice 
     resources with educational, social service, and community 
     resources to develop and deliver violence prevention 
     programs, including mediation and other conflict resolution 
     methods, treatment, counselling, educational, and 
     recreational programs that create alternatives to criminal 
     activity; and
       (4) in rural States (as defined in section 1501(b) of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796bb(B)), to fund cooperative efforts between 
     State and local prosecutors, victim advocacy and assistance 
     groups, social and community service providers, and law 
     enforcement agencies to investigate and prosecute child abuse 
     cases, treat youthful victims of child abuse, and work in 
     cooperation with the community to develop education and 
     prevention strategies directed toward the issues with which 
     such entities are concerned.

     SEC. 31703. APPLICATIONS.

       (a) Eligibility.--In order to be eligible to receive a 
     grant under this part for any fiscal year, a State, Indian 
     tribal, or local prosecutor, in conjunction with the chief 
     executive officer of the jurisdiction in which the program 
     will be placed, shall submit an application to the Attorney 
     General in such form and containing such information as the 
     Attorney General may reasonably require.
       (b) Requirements.--Each applicant shall include--
       (1) a request for funds for the purposes described in 
     section 31702;
       (2) a description of the communities to be served by the 
     grant, including the nature of the youth crime, youth 
     violence, and child abuse problems within such communities;
       (3) assurances that Federal funds received under this part 
     shall be used to supplement, not supplant, non-Federal funds 
     that would otherwise be available for activities funded under 
     this section; and
       (4) statistical information in such form and containing 
     such information that the Attorney General may require.
       (c) Comprehensive Plan.--Each applicant shall include a 
     comprehensive plan that shall contain--
       (1) a description of the youth violence or child abuse 
     crime problem;
       (2) an action plan outlining how the applicant will achieve 
     the purposes as described in section 31702;
       (3) a description of the resources available in the 
     community to implement the plan together with a description 
     of the gaps in the plan that cannot be filled with existing 
     resources; and
       (4) a description of how the requested grant will be used 
     to fill gaps.

     SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

       (a) Administrative Cost Limitation.--The Attorney General 
     shall use not more than 5 percent of the funds available 
     under this program for the purposes of administration and 
     technical assistance.
       (b) Renewal of Grants.--A grant under this part may be 
     renewed for up to 2 additional years after the first fiscal 
     year during which the recipient receives its initial grant 
     under this part, subject to the availability of funds, if--
       (1) the Attorney General determines that the funds made 
     available to the recipient during the previous years were 
     used in a manner required under the approved application; and
       (2) the Attorney General determines that an additional 
     grant is necessary to implement the community prosecution 
     program described in the comprehensive plan required by 
     section 31703.

     SEC. 31705. AWARD OF GRANTS.

       The Attorney General shall consider the following facts in 
     awarding grants:
       (1) Demonstrated need and evidence of the ability to 
     provide the services described in the plan required under 
     section 31703.
       (2) The Attorney General shall attempt, to the extent 
     practicable, to achieve an equitable geographic distribution 
     of grant awards.

     SEC. 31706. REPORTS.

       (a) Report to Attorney General.--State and local 
     prosecutors that receive funds under this subtitle shall 
     submit to the Attorney General a report not later than March 
     1 of each year that describes progress achieved in carrying 
     out the plan described under section 31703(c).
       (b) Report to Congress.--The Attorney General shall submit 
     to the Congress a report by October 1 of each year in which 
     grants are made available under this subtitle which shall 
     contain a detailed statement regarding grant awards, 
     activities of grant recipients, a compilation of statistical 
     information submitted by applicants, and an evaluation of 
     programs established under this subtitle.

     SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $7,000,000 for fiscal year 1996;
       (2) $10,000,000 for fiscal year 1997;
       (3) $10,000,000 for fiscal year 1998;
       (4) $11,000,000 for fiscal year 1999; and
       (5) $12,000,000 for fiscal year 2000.

     SEC. 31708. DEFINITIONS.

       In this subtitle--
       ``Indian tribe'' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including an 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, American Samoa, Guam, and the United States 
     Virgin Islands.
       ``Young violent offenders'' means individuals, ages 7 
     through 22, who have committed crimes of violence, weapons 
     offenses, drug distribution, hate crimes and civil rights 
     violations, and offenses against personal property of 
     another.
             Subtitle S--Family Unity Demonstration Project

     SEC. 31901. SHORT TITLE.

       This subtitle may be cited as the ``Family Unity 
     Demonstration Project Act''.

     SEC. 31902. PURPOSE.

       The purpose of this subtitle is to evaluate the 
     effectiveness of certain demonstration projects in helping 
     to--
       (1) alleviate the harm to children and primary caretaker 
     parents caused by separation due to the incarceration of the 
     parents;
       (2) reduce recidivism rates of prisoners by encouraging 
     strong and supportive family relationships; and
       (3) explore the cost effectiveness of community 
     correctional facilities.

     SEC. 31903. DEFINITIONS.

       In this subtitle--
       ``child'' means a person who is less than 7 years of age.
       ``community correctional facility'' means a residential 
     facility that--
       (A) is used only for eligible offenders and their children 
     under 7 years of age;
       (B) is not within the confines of a jail or prison;
       (C) houses no more than 50 prisoners in addition to their 
     children; and
       (D) provides to inmates and their children--
       (i) a safe, stable, environment for children;
       (ii) pediatric and adult medical care consistent with 
     medical standards for correctional facilities;
       (iii) programs to improve the stability of the parent-child 
     relationship, including educating parents regarding--

       (I) child development; and
       (II) household management;

       (iv) alcoholism and drug addiction treatment for prisoners; 
     and
       (v) programs and support services to help inmates--

       (I) to improve and maintain mental and physical health, 
     including access to counseling;
       (II) to obtain adequate housing upon release from State 
     incarceration;
       (III) to obtain suitable education, employment, or training 
     for employment; and
       (IV) to obtain suitable child care.

       ``eligible offender'' means a primary caretaker parent 
     who--
       (A) has been sentenced to a term of imprisonment of not 
     more than 7 years or is awaiting sentencing for a conviction 
     punishable by such a term of imprisonment; and
       (B) has not engaged in conduct that--
       (i) knowingly resulted in death or serious bodily injury;
       (ii) is a felony for a crime of violence against a person; 
     or
       (iii) constitutes child neglect or mental, physical, or 
     sexual abuse of a child.
       ``primary caretaker parent'' means--
       (A) a parent who has consistently assumed responsibility 
     for the housing, health, and safety of a child prior to 
     incarceration; or
       (B) a woman who has given birth to a child after or while 
     awaiting her sentencing hearing and who expresses a 
     willingness to assume responsibility for the housing, health, 
     and safety of that child,
     a parent who, in the best interest of a child, has arranged 
     for the temporary care of the child in the home of a relative 
     or other responsible adult shall not for that reason be 
     excluded from the category ``primary caretaker''.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, American Samoa, Guam, and the Northern Mariana 
     Islands.

     SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     to carry out this subtitle--
       (1) $3,600,000 for fiscal year 1996;
       (2) $3,600,000 for fiscal year 1997;
       (3) $3,600,000 for fiscal year 1998;
       (4) $3,600,000 for fiscal year 1999; and
       (5) $5,400,000 for fiscal year 2000.
       (b) Availability of Appropriations.--Of the amount 
     appropriated under subsection (a) for any fiscal year--
       (1) 90 percent shall be available to carry out chapter 1; 
     and
       (2) 10 percent shall be available to carry out chapter 2.

                      CHAPTER 1--GRANTS TO STATES

     SEC. 31911. AUTHORITY TO MAKE GRANTS.

       (a) General Authority.--The Attorney General may make 
     grants, on a competitive basis, to States to carry out in 
     accordance with this subtitle family unity demonstration 
     projects that enable eligible offenders to live in community 
     correctional facilities with their children.
       (b) Preferences.--For the purpose of making grants under 
     subsection (a), the Attorney General shall give preference to 
     a State that includes in the application required by section 
     31912 assurances that if the State receives a grant--
       (1) both the State corrections agency and the State health 
     and human services agency will participate substantially in, 
     and cooperate closely in all aspects of, the development and 
     operation of the family unity demonstration project for which 
     such a grant is requested;
       (2) boards made up of community members, including 
     residents, local businesses, corrections officials, former 
     prisoners, child development professionals, educators, and 
     maternal and child health professionals will be established 
     to advise the State regarding the operation of such project;
       (3) the State has in effect a policy that provides for the 
     placement of all prisoners, whenever possible, in 
     correctional facilities for which they qualify that are 
     located closest to their respective family homes;
       (4) unless the Attorney General determines that a longer 
     timeline is appropriate in a particular case, the State will 
     implement the project not later than 180 days after receiving 
     a grant under subsection (a) and will expend all of the grant 
     during a 1-year period;
       (5) the State has the capacity to continue implementing a 
     community correctional facility beyond the funding period to 
     ensure the continuity of the work;
       (6) unless the Attorney General determines that a different 
     process for selecting participants in a project is desirable, 
     the State will--
       (A) give written notice to a prisoner, not later than 30 
     days after the State first receives a grant under subsection 
     (a) or 30 days after the prisoner is sentenced to a term of 
     imprisonment of not more than 7 years (whichever is later), 
     of the proposed or current operation of the project;
       (B) accept at any time at which the project is in operation 
     an application by a prisoner to participate in the project 
     if, at the time of application, the remainder of the 
     prisoner's sentence exceeds 180 days;
       (C) review applications by prisoners in the sequence in 
     which the State receives such applications; and
       (D) not more than 50 days after reviewing such applications 
     approve or disapprove the application; and
       (7) for the purposes of selecting eligible offenders to 
     participate in such project, the State has authorized State 
     courts to sentence an eligible offender directly to a 
     community correctional facility, provided that the court 
     gives assurances that the offender would have otherwise 
     served a term of imprisonment.
       (c) Selection of Grantees.--The Attorney General shall make 
     grants under subsection (a) on a competitive basis, based on 
     such criteria as the Attorney General shall issue by rule and 
     taking into account the preferences described in subsection 
     (b).

     SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.

       To be eligible to receive a grant under section 31911, a 
     State shall submit to the Attorney General an application at 
     such time, in such form, and containing such information as 
     the Attorney General reasonably may require by rule.

     SEC. 31913. REPORT.

       (a) In General.--A State that receives a grant under this 
     title shall, not later than 90 days after the 1-year period 
     in which the grant is required to be expended, submit a 
     report to the Attorney General regarding the family unity 
     demonstration project for which the grant was expended.
       (b) Contents.--A report under subsection (a) shall--
       (1) state the number of prisoners who submitted 
     applications to participate in the project and the number of 
     prisoners who were placed in community correctional 
     facilities;
       (2) state, with respect to prisoners placed in the project, 
     the number of prisoners who are returned to that jurisdiction 
     and custody and the reasons for such return;
       (3) describe the nature and scope of educational and 
     training activities provided to prisoners participating in 
     the project;
       (4) state the number, and describe the scope of, contracts 
     made with public and nonprofit private community-based 
     organizations to carry out such project; and
       (5) evaluate the effectiveness of the project in 
     accomplishing the purposes described in section 31902.

  CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

     SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.

       (a) In General.--With the funds available to carry out this 
     subtitle for the benefit of Federal prisoners, the Attorney 
     General, acting through the Director of the Bureau of 
     Prisons, shall select eligible prisoners to live in community 
     correctional facilities with their children.
       (b) General Contracting Authority.--In implementing this 
     title, the Attorney General may enter into contracts with 
     appropriate public or private agencies to provide housing, 
     sustenance, services, and supervision of inmates eligible for 
     placement in community correctional facilities under this 
     title.
       (c) Use of State Facilities.--At the discretion of the 
     Attorney General, Federal participants may be placed in State 
     projects as defined in chapter 1. For such participants, the 
     Attorney General shall, with funds available under section 
     31904(b)(2), reimburse the State for all project costs 
     related to the Federal participant's placement, including 
     administrative costs.

     SEC. 31922. REQUIREMENTS.

       For the purpose of placing Federal participants in a family 
     unity demonstration project under section 31921, the Attorney 
     General shall consult with the Secretary of Health and Human 
     Services regarding the development and operation of the 
     project.
        Subtitle T--Substance Abuse Treatment in Federal Prisons

     SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.

       Section 3621 of title 18, United States Code, is amended--
       (1) in the last sentence of subsection (b), by striking ``, 
     to the extent practicable,''; and
       (2) by adding at the end the following new subsection:
       ``(e) Substance Abuse Treatment.--
       ``(1) Phase-in.--In order to carry out the requirement of 
     the last sentence of subsection (b) of this section, that 
     every prisoner with a substance abuse problem have the 
     opportunity to participate in appropriate substance abuse 
     treatment, the Bureau of Prisons shall, subject to the 
     availability of appropriations, provide residential substance 
     abuse treatment (and make arrangements for appropriate 
     aftercare)--
       ``(A) for not less than 50 percent of eligible prisoners by 
     the end of fiscal year 1995, with priority for such treatment 
     accorded based on an eligible prisoner's proximity to release 
     date;
       ``(B) for not less than 75 percent of eligible prisoners by 
     the end of fiscal year 1996, with priority for such treatment 
     accorded based on an eligible prisoner's proximity to release 
     date; and
       ``(C) for all eligible prisoners by the end of fiscal year 
     1997 and thereafter, with priority for such treatment 
     accorded based on an eligible prisoner's proximity to release 
     date.
       ``(2) Incentive for prisoners' successful completion of 
     treatment program.--
       ``(A) Generally.--Any prisoner who, in the judgment of the 
     Director of the Bureau of Prisons, has successfully completed 
     a program of residential substance abuse treatment provided 
     under paragraph (1) of this subsection, shall remain in the 
     custody of the Bureau under such conditions as the Bureau 
     deems appropriate. If the conditions of confinement are 
     different from those the prisoner would have experienced 
     absent the successful completion of the treatment, the Bureau 
     shall periodically test the prisoner for substance abuse and 
     discontinue such conditions on determining that substance 
     abuse has recurred.
       ``(B) Period of custody.--The period a prisoner convicted 
     of a nonviolent offense remains in custody after successfully 
     completing a treatment program may be reduced by the Bureau 
     of Prisons, but such reduction may not be more than one year 
     from the term the prisoner must otherwise serve.
       ``(3) Report.--The Bureau of Prisons shall transmit to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives on January 1, 1995, and on January 1 of each 
     year thereafter, a report. Such report shall contain--
       ``(A) a detailed quantitative and qualitative description 
     of each substance abuse treatment program, residential or 
     not, operated by the Bureau;
       ``(B) a full explanation of how eligibility for such 
     programs is determined, with complete information on what 
     proportion of prisoners with substance abuse problems are 
     eligible; and
       ``(C) a complete statement of to what extent the Bureau has 
     achieved compliance with the requirements of this title.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $13,500,000 for fiscal year 1996;
       ``(B) $18,900,000 for fiscal year 1997;
       ``(C) $25,200,000 for fiscal year 1998;
       ``(D) $27,000,000 for fiscal year 1999; and
       ``(E) $27,900,000 for fiscal year 2000.
       ``(5) Definitions.--As used in this subsection--
       ``(A) the term `residential substance abuse treatment' 
     means a course of individual and group activities, lasting 
     between 6 and 12 months, in residential treatment facilities 
     set apart from the general prison population--
       ``(i) directed at the substance abuse problems of the 
     prisoner; and
       ``(ii) intended to develop the prisoner's cognitive, 
     behavioral, social, vocational, and other skills so as to 
     solve the prisoner's substance abuse and related problems;
       ``(B) the term `eligible prisoner' means a prisoner who 
     is--
       ``(i) determined by the Bureau of Prisons to have a 
     substance abuse problem; and
       ``(ii) willing to participate in a residential substance 
     abuse treatment program; and
       ``(C) the term `aftercare' means placement, case management 
     and monitoring of the participant in a community-based 
     substance abuse treatment program when the participant leaves 
     the custody of the Bureau of Prisons.
       ``(6) Coordination of federal assistance.--The Bureau of 
     Prisons shall consult with the Department of Health and Human 
     Services concerning substance abuse treatment and related 
     services and the incorporation of applicable components of 
     existing comprehensive approaches including relapse 
     prevention and aftercare services.''.
 Subtitle U--Residential Substance Abuse Treatment for State Prisoners

     SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 
                   PRISONERS.

       (a) Residential Substance Abuse Treatment for Prisoners.--
     Title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3711 et seq.), as amended by section 
     20201(a), is amended--
       (1) by redesignating part S as part T;
       (2) by redesignating section 1901 as section 2001; and
       (3) by inserting after part R the following new part:

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

     ``SEC. 1901. GRANT AUTHORIZATION.

       ``(a) The Attorney General may make grants under this part 
     to States, for use by States and units of local government 
     for the purpose of developing and implementing residential 
     substance abuse treatment programs within State correctional 
     facilities, as well as within local correctional and 
     detention facilities in which inmates are incarcerated for a 
     period of time sufficient to permit substance abuse 
     treatment.
         ``(b) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services to ensure 
     that projects of substance abuse treatment and related 
     services for State prisoners incorporate applicable 
     components of existing comprehensive approaches including 
     relapse prevention and after care services.

     ``SEC. 1902. STATE APPLICATIONS.

       ``(a) In General.--(1) To request a grant under this part 
     the chief executive of a State shall submit an application to 
     the Attorney General in such form and containing such 
     information as the Attorney General may reasonably require.
       ``(2) Such application shall include assurances that 
     Federal funds received under this part shall be used to 
     supplement, not supplant, non-Federal funds that would 
     otherwise be available for activities funded under this part.
       ``(3) Such application shall coordinate the design and 
     implementation of treatment programs between State 
     correctional representatives and the State Alcohol and Drug 
     Abuse agency (and, if appropriate, between representatives of 
     local correctional agencies and representatives of either the 
     State alcohol and drug abuse agency or any appropriate local 
     alcohol and drug abuse agency).
       ``(b) Substance Abuse Testing Requirement.--To be eligible 
     to receive funds under this part, a State must agree to 
     implement or continue to require urinalysis or other proven 
     reliable forms of testing of individuals in correctional 
     residential substance abuse treatment programs. Such testing 
     shall include individuals released from residential substance 
     abuse treatment programs who remain in the custody of the 
     State.
       ``(c) Eligibility for Preference With After Care 
     Component.--
       ``(1) To be eligible for a preference under this part, a 
     State must ensure that individuals who participate in the 
     substance abuse treatment program established or implemented 
     with assistance provided under this part will be provided 
     with aftercare services.
       ``(2) State aftercare services must involve the 
     coordination of the correctional facility treatment program 
     with other human service and rehabilitation programs, such as 
     educational and job training programs, parole supervision 
     programs, half-way house programs, and participation in self-
     help and peer group programs, that may aid in the 
     rehabilitation of individuals in the substance abuse 
     treatment program.
       ``(3) To qualify as an aftercare program, the head of the 
     substance abuse treatment program, in conjunction with State 
     and local authorities and organizations involved in substance 
     abuse treatment, shall assist in placement of substance abuse 
     treatment program participants with appropriate community 
     substance abuse treatment facilities when such individuals 
     leave the correctional facility at the end of a sentence or 
     on parole.
         ``(d) Coordination of Federal Assistance.--Each 
     application submitted for a grant under this section shall 
     include a description of how the funds made available under 
     this section will be coordinated with Federal assistance for 
     substance abuse treatment and aftercare services currently 
     provided by the Department of Health and Human Services' 
     Substance Abuse and Mental Health Services Administration.
       ``(e) State Office.--The Office designated under section 
     507--
       ``(1) shall prepare the application as required under this 
     section; and
       ``(2) shall administer grant funds received under this 
     part, including review of spending, processing, progress, 
     financial reporting, technical assistance, grant adjustments, 
     accounting, auditing, and fund disbursement.

     ``SEC. 1903. REVIEW OF STATE APPLICATIONS.

       ``(a) In General.--The Attorney General shall make a grant 
     under section 1901 to carry out the projects described in the 
     application submitted under section 1902 upon determining 
     that--
       ``(1) the application is consistent with the requirements 
     of this part; and
       ``(2) before the approval of the application the Attorney 
     General has made an affirmative finding in writing that the 
     proposed project has been reviewed in accordance with this 
     part.
       ``(b) Approval.--Each application submitted under section 
     1902 shall be considered approved, in whole or in part, by 
     the Attorney General not later than 90 days after first 
     received unless the Attorney General informs the applicant of 
     specific reasons for disapproval.
       ``(c) Restriction.--Grant funds received under this part 
     shall not be used for land acquisition or construction 
     projects.
       ``(d) Disapproval Notice and Reconsideration.--The Attorney 
     General shall not disapprove any application without first 
     affording the applicant reasonable notice and an opportunity 
     for reconsideration.

     ``SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``(a) Allocation.--Of the total amount appropriated under 
     this part in any fiscal year--
       ``(1) 0.4 percent shall be allocated to each of the 
     participating States; and
       ``(2) of the total funds remaining after the allocation 
     under paragraph (1), there shall be allocated to each of the 
     participating States an amount which bears the same ratio to 
     the amount of remaining funds described in this paragraph as 
     the State prison population of such State bears to the total 
     prison population of all the participating States.
       ``(b) Federal Share.--The Federal share of a grant made 
     under this part may not exceed 75 percent of the total costs 
     of the projects described in the application submitted under 
     section 1902 for the fiscal year for which the projects 
     receive assistance under this part.

     ``SEC. 1905. EVALUATION.

       ``Each State that receives a grant under this part shall 
     submit to the Attorney General an evaluation not later than 
     March 1 of each year in such form and containing such 
     information as the Attorney General may reasonably 
     require.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 20201(b), is 
     amended by inserting after the matter relating to part R the 
     following new part:

  ``Part S--Residential Substance Abuse Treatment for State Prisoners

``Sec. 1901. Grant authorization.
``Sec. 1902. State applications.
``Sec. 1903. Review of State applications.
``Sec. 1904. Allocation and distribution of funds.
``Sec. 1905. Evaluation.

              ``Part T--Transition-Effective Date-Repealer

``Sec. 2001. Confirmation of rules, authorities, and proceedings.''.

       (c) Definitions.--Section 901(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as 
     amended by section 20201(c), is amended--
       (1) by striking ``and'' at the end of paragraph (23);
       (2) by striking the period at the end of paragraph (24) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(25) the term `residential substance abuse treatment 
     program' means a course of individual and group activities, 
     lasting between 6 and 12 months, in residential treatment 
     facilities set apart from the general prison population--
       ``(A) directed at the substance abuse problems of the 
     prisoner; and
       ``(B) intended to develop the prisoner's cognitive, 
     behavioral, social, vocational, and other skills so as to 
     solve the prisoner's substance abuse and related problems.''.
       (d) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793), as amended by section 20201(d), is 
     amended--
       (1) in paragraph (3) by striking ``and R'' and inserting 
     ``R, or S''; and
       (2) by adding at the end the following new paragraph:
       ``(17) There are authorized to be appropriated to carry out 
     the projects under part S--
       ``(A) $27,000,000 for fiscal year 1996;
       ``(B) $36,000,000 for fiscal year 1997;
       ``(C) $63,000,000 for fiscal year 1998;
       ``(D) $72,000,000 for fiscal year 1999; and
       ``(E) $72,000,000 for fiscal year 2000.''.
  Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in 
                       Correctional Institutions

     SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF 
                   TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS.

       (a) Guidelines.--The Attorney General, in consultation with 
     the Secretary of Health and Human Services and the Director 
     of the National Institute of Corrections, shall develop and 
     disseminate to appropriate entities, including State, Indian 
     tribal, and local correctional institutions and the 
     Immigration and Naturalization Service, guidelines for the 
     prevention, diagnosis, treatment, and followup care of 
     tuberculosis among inmates of correctional institutions and 
     persons held in holding facilities operated by or under 
     contract with the Immigration and Naturalization Service.
       (b) Compliance.--The Attorney General shall ensure that 
     prisons in the Federal prison system and holding facilities 
     operated by or under contract with the Immigration and 
     Naturalization Service comply with the guidelines described 
     in subsection (a).
       (c) Grants.--
       (1) In general.--The Attorney General shall make grants to 
     State, Indian tribal, and local correction authorities and 
     public health authorities to assist in establishing and 
     operating programs for the prevention, diagnosis, treatment, 
     and followup care of tuberculosis among inmates of 
     correctional institutions.
       (2) Federal share.--The Federal share of funding of a 
     program funded with a grant under paragraph (1) shall not 
     exceed 50 percent.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (A) $700,000 for fiscal year 1996;
       (B) $1,000,000 for fiscal year 1997;
       (C) $1,000,000 for fiscal year 1998;
       (D) $1,100,000 for fiscal year 1999; and
       (E) $1,200,000 for fiscal year 2000.
       (d) Definitions.--In this section--
       ``Indian tribe'' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including an 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     that is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, American Samoa, Guam, and the United States 
     Virgin Islands.
           Subtitle X--Gang Resistance Education and Training

     SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.

       (a) Establishment of Projects.--
       (1) In general.--The Secretary of the Treasury shall 
     establish not less than 50 Gang Resistance Education and 
     Training (GREAT) projects, to be located in communities 
     across the country, in addition to the number of projects 
     currently funded.
       (2) Selection of communities.--Communities identified for 
     such GREAT projects shall be selected by the Secretary of the 
     Treasury on the basis of gang-related activity in that 
     particular community.
       (3) Amount of assistance per project; allocation.--The 
     Secretary of the Treasury shall make available not less than 
     $800,000 per project, subject to the availability of 
     appropriations, and such funds shall be allocated--
       (A) 50 percent to the affected State and local law 
     enforcement and prevention organizations participating in 
     such projects; and
       (B) 50 percent to the Bureau of Alcohol, Tobacco and 
     Firearms for salaries, expenses, and associated 
     administrative costs for operating and overseeing such 
     projects.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $9,000,000 for fiscal year 1995;
       (2) $7,200,000 for fiscal year 1996;
       (3) $7,200,000 for fiscal year 1997;
       (4) $7,200,000 for fiscal year 1998;
       (5) $7,200,000 for fiscal year 1999; and
       (6) $7,200,000 for fiscal year 2000.
                    TITLE IV--VIOLENCE AGAINST WOMEN

     SEC. 40001. SHORT TITLE.

       This title may be cited as the ``Violence Against Women Act 
     of 1994''.
                   Subtitle A--Safe Streets for Women

     SEC. 40101. SHORT TITLE.

       This subtitle may be cited as the ``Safe Streets for Women 
     Act of 1994''.

              CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES

     SEC. 40111. REPEAT OFFENDERS.

       (a) In General.--Chapter 109A of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2247. Repeat offenders

       ``Any person who violates a provision of this chapter, 
     after one or more prior convictions for an offense punishable 
     under this chapter, or after one or more prior convictions 
     under the laws of any State relating to aggravated sexual 
     abuse, sexual abuse, or abusive sexual contact have become 
     final, is punishable by a term of imprisonment up to twice 
     that otherwise authorized.''.
       (b) Amendment of Sentencing Guidelines.--The Sentencing 
     Commission shall implement the amendment made by subsection 
     (a) by promulgating amendments, if appropriate, in the 
     sentencing guidelines applicable to chapter 109A offenses.
       (c) Chapter Analysis.--The chapter analysis for chapter 
     109A of title 18, United States Code, is amended by adding at 
     the end the following new item:

``2247. Repeat offenders.''.

     SEC. 40112. FEDERAL PENALTIES.

       (a) Amendment of Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall review 
     and amend, where necessary, its sentencing guidelines on 
     aggravated sexual abuse under section 2241 of title 18, 
     United States Code, or sexual abuse under section 2242 of 
     title 18, United States Code, as follows:
       (1) The Commission shall review and promulgate amendments 
     to the guidelines, if appropriate, to enhance penalties if 
     more than 1 offender is involved in the offense.
       (2) The Commission shall review and promulgate amendments 
     to the guidelines, if appropriate, to reduce unwarranted 
     disparities between the sentences for sex offenders who are 
     known to the victim and sentences for sex offenders who are 
     not known to the victim.
       (3) The Commission shall review and promulgate amendments 
     to the guidelines to enhance penalties, if appropriate, to 
     render Federal penalties on Federal territory commensurate 
     with penalties for similar offenses in the States.
       (4) The Commission shall review and promulgate amendments 
     to the guidelines, if appropriate, to account for the general 
     problem of recidivism in cases of sex offenses, the severity 
     of the offense, and its devastating effects on survivors.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the United States Sentencing 
     Commission shall review and submit to Congress a report 
     containing an analysis of Federal rape sentencing, 
     accompanied by comment from independent experts in the field, 
     describing--
       (1) comparative Federal sentences for cases in which the 
     rape victim is known to the defendant and cases in which the 
     rape victim is not known to the defendant;
       (2) comparative Federal sentences for cases on Federal 
     territory and sentences in surrounding States; and
       (3) an analysis of the effect of rape sentences on 
     populations residing primarily on Federal territory relative 
     to the impact of other Federal offenses in which the 
     existence of Federal jurisdiction depends upon the offense's 
     being committed on Federal territory.

     SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.

       (a) Sexual Abuse.--
       (1) In general.--Chapter 109A of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2248. Mandatory restitution

       ``(a) In General.--Notwithstanding section 3663, and in 
     addition to any other civil or criminal penalty authorized by 
     law, the court shall order restitution for any offense under 
     this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Directions.--The order of restitution under this 
     section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (3); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) Enforcement by victim.--An order of restitution also 
     may be enforced by a victim named in the order to receive the 
     restitution in the same manner as a judgment in a civil 
     action.
       ``(3) Definition.--For purposes of this subsection, the 
     term `full amount of the victim's losses' includes any costs 
     incurred by the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, plus any costs incurred in obtaining 
     a civil protection order; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(4) Order mandatory.--(A) The issuance of a restitution 
     order under this section is mandatory.
       ``(B) A court may not decline to issue an order under this 
     section because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(C)(i) Notwithstanding subparagraph (A), the court may 
     take into account the economic circumstances of the defendant 
     in determining the manner in which and the schedule according 
     to which the restitution is to be paid.
       ``(ii) For purposes of this subparagraph, the term 
     `economic circumstances' includes--
       ``(I) the financial resources and other assets of the 
     defendant;
       ``(II) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(III) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(D) Subparagraph (A) does not apply if--
       ``(i) the court finds on the record that the economic 
     circumstances of the defendant do not allow for the payment 
     of any amount of a restitution order, and do not allow for 
     the payment of any or some portion of the amount of a 
     restitution order in the foreseeable future (under any 
     reasonable schedule of payments); and
       ``(ii) the court enters in its order the amount of the 
     victim's losses, and provides a nominal restitution award.
       ``(5) More than 1 offender.--When the court finds that more 
     than 1 offender has contributed to the loss of a victim, the 
     court may make each offender liable for payment of the full 
     amount of restitution or may apportion liability among the 
     offenders to reflect the level of contribution and economic 
     circumstances of each offender.
       ``(6) More than 1 victim.--When the court finds that more 
     than 1 victim has sustained a loss requiring restitution by 
     an offender, the court shall order full restitution of each 
     victim but may provide for different payment schedules to 
     reflect the economic circumstances of each victim.
       ``(7) Payment schedule.--An order under this section may 
     direct the defendant to make a single lump-sum payment or 
     partial payments at specified intervals.
       ``(8) Setoff.--Any amount paid to a victim under this 
     section shall be set off against any amount later recovered 
     as compensatory damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(9) Effect on other sources of compensation.--The 
     issuance of a restitution order shall not affect the 
     entitlement of a victim to receive compensation with respect 
     to a loss from insurance or any other source until the 
     payments actually received by the victim under the 
     restitution order fully compensate the victim for the loss.
       ``(10) Condition of probation or supervised release.--
     Compliance with a restitution order issued under this section 
     shall be a condition of any probation or supervised release 
     of a defendant. If an offender fails to comply with a 
     restitution order, the court may, after a hearing, revoke 
     probation or a term of supervised release, modify the terms 
     or conditions of probation or a term of supervised release, 
     or hold the defendant in contempt pursuant to section 
     3583(e). In determining whether to revoke probation or a term 
     of supervised release, modify the terms or conditions of 
     probation or supervised release or hold a defendant serving a 
     term of supervised release in contempt, the court shall 
     consider the defendant's employment status, earning ability 
     and financial resources, the willfulness of the defendant's 
     failure to comply, and any other circumstances that may have 
     a bearing on the defendant's ability to comply.
       ``(c) Proof of Claim.--
       ``(1) Affidavit.--Within 60 days after conviction and, in 
     any event, not later than 10 days prior to sentencing, the 
     United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) Objection.--If, after the defendant has been notified 
     of the affidavit, no objection is raised by the defendant, 
     the amounts attested to in the affidavit filed pursuant to 
     paragraph (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) Additional documentation and testimony.--If the court 
     concludes, after reviewing the supporting documentation and 
     considering the defendant's objections, that there is a 
     substantial reason for doubting the authenticity or veracity 
     of the records submitted, the court may require additional 
     documentation or hear testimony on those questions. The 
     privacy of any records filed, or testimony heard, pursuant to 
     this section shall be maintained to the greatest extent 
     possible, and such records may be filed or testimony heard in 
     camera.
       ``(4) Final determination of losses.--If the victim's 
     losses are not ascertainable by the date that is 10 days 
     prior to sentencing as provided in paragraph (1), the United 
     States Attorney (or the United States Attorney's delegee) 
     shall so inform the court, and the court shall set a date for 
     the final determination of the victim's losses, not to exceed 
     90 days after sentencing. If the victim subsequently 
     discovers further losses, the victim shall have 60 days after 
     discovery of those losses in which to petition the court for 
     an amended restitution order. Such order may be granted only 
     upon a showing of good cause for the failure to include such 
     losses in the initial claim for restitutionary relief.
       ``(d) Modification of Order.--A victim or the offender may 
     petition the court at any time to modify a restitution order 
     as appropriate in view of a change in the economic 
     circumstances of the offender.
       ``(e) Reference to Magistrate or Special Master.--The court 
     may refer any issue arising in connection with a proposed 
     order of restitution to a magistrate or special master for 
     proposed findings of fact and recommendations as to 
     disposition, subject to a de novo determination of the issue 
     by the court.
       ``(f) Definition.--For purposes of this section, the term 
     `victim' means the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court, but in no event shall the defendant be named as such 
     representative or guardian.''.
       (2) Technical amendment.--The chapter analysis for chapter 
     109A of title 18, United States Code, is amended by adding at 
     the end the following new item:

``2248. Mandatory restitution.''.

       (b) Sexual Exploitation and Other Abuse of Children.--
       (1) In general.--Chapter 110 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2259. Mandatory restitution

       ``(a) In General.--Notwithstanding section 3663, and in 
     addition to any other civil or criminal penalty authorized by 
     law, the court shall order restitution for any offense under 
     this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Directions.--The order of restitution under this 
     section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (3); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) Enforcement by victim.--An order of restitution may 
     also be enforced by a victim named in the order to receive 
     the restitution in the same manner as a judgment in a civil 
     action.
       ``(3) Definition.--For purposes of this subsection, the 
     term `full amount of the victim's losses' includes any costs 
     incurred by the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, as well as other costs incurred; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(4) Order mandatory.--(A) The issuance of a restitution 
     order under this section is mandatory.
       ``(B) A court may not decline to issue an order under this 
     section because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(C)(i) Notwithstanding subparagraph (A), the court may 
     take into account the economic circumstances of the defendant 
     in determining the manner in which and the schedule according 
     to which the restitution is to be paid.
       ``(ii) For purposes of this subparagraph, the term 
     `economic circumstances' includes--
       ``(I) the financial resources and other assets of the 
     defendant;
       ``(II) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(III) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(D) Subparagraph (A) does not apply if--
       ``(i) the court finds on the record that the economic 
     circumstances of the defendant do not allow for the payment 
     of any amount of a restitution order, and do not allow for 
     the payment of any or some portion of the amount of a 
     restitution order in the foreseeable future (under any 
     reasonable schedule of payments); and
       ``(ii) the court enters in its order the amount of the 
     victim's losses, and provides a nominal restitution award.
       ``(5) More than 1 offender.--When the court finds that more 
     than 1 offender has contributed to the loss of a victim, the 
     court may make each offender liable for payment of the full 
     amount of restitution or may apportion liability among the 
     offenders to reflect the level of contribution and economic 
     circumstances of each offender.
       ``(6) More than 1 victim.--When the court finds that more 
     than 1 victim has sustained a loss requiring restitution by 
     an offender, the court shall order full restitution of each 
     victim but may provide for different payment schedules to 
     reflect the economic circumstances of each victim.
       ``(7) Payment schedule.--An order under this section may 
     direct the defendant to make a single lump-sum payment or 
     partial payments at specified intervals.
       ``(8) Setoff.--Any amount paid to a victim under this 
     section shall be set off against any amount later recovered 
     as compensatory damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(9) Effect on other sources of compensation.--The 
     issuance of a restitution order shall not affect the 
     entitlement of a victim to receive compensation with respect 
     to a loss from insurance or any other source until the 
     payments actually received by the victim under the 
     restitution order fully compensate the victim for the loss.
       ``(10) Condition of probation or supervised release.--
     Compliance with a restitution order issued under this section 
     shall be a condition of any probation or supervised release 
     of a defendant. If an offender fails to comply with a 
     restitution order, the court may, after a hearing, revoke 
     probation or a term of supervised release, modify the terms 
     or conditions of probation or a term of supervised release, 
     or hold the defendant in contempt pursuant to section 
     3583(e). In determining whether to revoke probation or a term 
     of supervised release, modify the terms or conditions of 
     probation or supervised release or hold a defendant serving a 
     term of supervised release in contempt, the court shall 
     consider the defendant's employment status, earning ability 
     and financial resources, the willfulness of the defendant's 
     failure to comply, and any other circumstances that may have 
     a bearing on the defendant's ability to comply.
       ``(c) Proof of Claim.--
       ``(1) Affidavit.--Within 60 days after conviction and, in 
     any event, not later than 10 days prior to sentencing, the 
     United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) Objection.--If, after the defendant has been notified 
     of the affidavit, no objection is raised by the defendant, 
     the amounts attested to in the affidavit filed pursuant to 
     paragraph (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) Additional documentation and testimony.--If the court 
     concludes, after reviewing the supporting documentation and 
     considering the defendant's objections, that there is a 
     substantial reason for doubting the authenticity or veracity 
     of the records submitted, the court may require additional 
     documentation or hear testimony on those questions. The 
     privacy of any records filed, or testimony heard, pursuant to 
     this section shall be maintained to the greatest extent 
     possible, and such records may be filed or testimony heard in 
     camera.
       ``(4) Final determination of losses.--If the victim's 
     losses are not ascertainable by the date that is 10 days 
     prior to sentencing as provided in paragraph (1), the United 
     States Attorney (or the United States Attorney's delegee) 
     shall so inform the court, and the court shall set a date for 
     the final determination of the victim's losses, not to exceed 
     90 days after sentencing. If the victim subsequently 
     discovers further losses, the victim shall have 60 days after 
     discovery of those losses in which to petition the court for 
     an amended restitution order. Such order may be granted only 
     upon a showing of good cause for the failure to include such 
     losses in the initial claim for restitutionary relief.
       ``(d) Modification of Order.--A victim or the offender may 
     petition the court at any time to modify a restitution order 
     as appropriate in view of a change in the economic 
     circumstances of the offender.
       ``(e) Reference to Magistrate or Special Master.--The court 
     may refer any issue arising in connection with a proposed 
     order of restitution to a magistrate or special master for 
     proposed findings of fact and recommendations as to 
     disposition, subject to a de novo determination of the issue 
     by the court.
       ``(f) Definition.--For purposes of this section, the term 
     `victim' means the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court, but in no event shall the defendant be named as such 
     representative or guardian.''.
       (2) Technical amendment.--The chapter analysis for chapter 
     110 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``2259. Mandatory restitution.''.

     SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

       There are authorized to be appropriated for the United 
     States Attorneys for the purpose of appointing Victim/Witness 
     Counselors for the prosecution of sex crimes and domestic 
     violence crimes where applicable (such as the District of 
     Columbia)--
       (1) $500,000 for fiscal year 1996;
       (2) $500,000 for fiscal year 1997; and
       (3) $500,000 for fiscal year 1998.

  CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT 
                          CRIMES AGAINST WOMEN

     SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
     by section 32101(a), is amended--
       (1) by redesignating part T as part U;
       (2) by redesignating section 2001 as section 2101; and
       (3) by inserting after part S the following new part:

        ``Part T--Grants To Combat Violent Crimes Against Women

     ``SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.

       ``(a) General Program Purpose.--The purpose of this part is 
     to assist States, Indian tribal governments, and units of 
     local government to develop and strengthen effective law 
     enforcement and prosecution strategies to combat violent 
     crimes against women, and to develop and strengthen victim 
     services in cases involving violent crimes against women.
       ``(b) Purposes for Which Grants May Be Used.--Grants under 
     this part shall provide personnel, training, technical 
     assistance, data collection and other equipment for the more 
     widespread apprehension, prosecution, and adjudication of 
     persons committing violent crimes against women, and 
     specifically, for the purposes of--
       ``(1) training law enforcement officers and prosecutors to 
     more effectively identify and respond to violent crimes 
     against women, including the crimes of sexual assault and 
     domestic violence;
       ``(2) developing, training, or expanding units of law 
     enforcement officers and prosecutors specifically targeting 
     violent crimes against women, including the crimes of sexual 
     assault and domestic violence;
       ``(3) developing and implementing more effective police and 
     prosecution policies, protocols, orders, and services 
     specifically devoted to preventing, identifying, and 
     responding to violent crimes against women, including the 
     crimes of sexual assault and domestic violence;
       ``(4) developing, installing, or expanding data collection 
     and communication systems, including computerized systems, 
     linking police, prosecutors, and courts or for the purpose of 
     identifying and tracking arrests, protection orders, 
     violations of protection orders, prosecutions, and 
     convictions for violent crimes against women, including the 
     crimes of sexual assault and domestic violence;
       ``(5) developing, enlarging, or strengthening victim 
     services programs, including sexual assault and domestic 
     violence programs, developing or improving delivery of victim 
     services to racial, cultural, ethnic, and language 
     minorities, providing specialized domestic violence court 
     advocates in courts where a significant number of protection 
     orders are granted, and increasing reporting and reducing 
     attrition rates for cases involving violent crimes against 
     women, including crimes of sexual assault and domestic 
     violence;
       ``(6) developing, enlarging, or strengthening programs 
     addressing stalking; and
       ``(7) developing, enlarging, or strengthening programs 
     addressing the needs and circumstances of Indian tribes in 
     dealing with violent crimes against women, including the 
     crimes of sexual assault and domestic violence.

     ``SEC. 2002. STATE GRANTS.

       ``(a) General Grants.--The Attorney General may make grants 
     to States, for use by States, units of local government, 
     nonprofit nongovernmental victim services programs, and 
     Indian tribal governments for the purposes described in 
     section 2001(b).
       ``(b) Amounts.--Of the amounts appropriated for the 
     purposes of this part--
       ``(1) 4 percent shall be available for grants to Indian 
     tribal governments;
       ``(2) $500,000 shall be available for grants to applicants 
     in each State; and
       ``(3) the remaining funds shall be available for grants to 
     applicants in each State in an amount that bears the same 
     ratio to the amount of remaining funds as the population of 
     the State bears to the population of all of the States that 
     results from a distribution among the States on the basis of 
     each State's population in relation to the population of all 
     States (not including populations of Indian tribes).
       ``(c) Qualification.--Upon satisfying the terms of 
     subsection (d), any State shall be qualified for funds 
     provided under this part upon certification that--
       ``(1) the funds shall be used for any of the purposes 
     described in section 2001(b);
       ``(2) grantees and subgrantees shall develop a plan for 
     implementation and shall consult and coordinate with 
     nonprofit, nongovernmental victim services programs, 
     including sexual assault and domestic violence victim 
     services programs;
       ``(3) at least 25 percent of the amount granted shall be 
     allocated, without duplication, to each of the following 3 
     areas: prosecution, law enforcement, and victim services; and
       ``(4) any Federal funds received under this part shall be 
     used to supplement, not supplant, non-Federal funds that 
     would otherwise be available for activities funded under this 
     subtitle.
       ``(d) Application Requirements.--The application 
     requirements provided in section 513 shall apply to grants 
     made under this part. In addition, each application shall 
     include the certifications of qualification required by 
     subsection (c), including documentation from nonprofit, 
     nongovernmental victim services programs, describing their 
     participation in developing the plan required by subsection 
     (c)(2). An application shall include--
       ``(1) documentation from the prosecution, law enforcement, 
     and victim services programs to be assisted, demonstrating--
       ``(A) need for the grant funds;
       ``(B) intended use of the grant funds;
       ``(C) expected results from the use of grant funds; and
       ``(D) demographic characteristics of the populations to be 
     served, including age, marital status, disability, race, 
     ethnicity and language background;
       ``(2) proof of compliance with the requirements for the 
     payment of forensic medical exams provided in section 2005; 
     and
       ``(3) proof of compliance with the requirements for paying 
     filing and service fees for domestic violence cases provided 
     in section 2006.
       ``(e) Disbursement.--
       ``(1) In general.--Not later than 60 days after the receipt 
     of an application under this part, the Attorney General 
     shall--
       ``(A) disburse the appropriate sums provided for under this 
     part; or
       ``(B) inform the applicant why the application does not 
     conform to the terms of section 513 or to the requirements of 
     this section.
       ``(2) Regulations.--In disbursing monies under this part, 
     the Attorney General shall issue regulations to ensure that 
     States will--
       ``(A) give priority to areas of varying geographic size 
     with the greatest showing of need based on the availability 
     of existing domestic violence and sexual assault programs in 
     the population and geographic area to be served in relation 
     to the availability of such programs in other such 
     populations and geographic areas;
       ``(B) determine the amount of subgrants based on the 
     population and geographic area to be served;
       ``(C) equitably distribute monies on a geographic basis 
     including nonurban and rural areas of various geographic 
     sizes; and
       ``(D) recognize and address the needs of underserved 
     populations.
       ``(f) Federal Share.--The Federal share of a grant made 
     under this subtitle may not exceed 75 percent of the total 
     costs of the projects described in the application submitted.
       ``(g) Indian Tribes.--Funds appropriated by the Congress 
     for the activities of any agency of an Indian tribal 
     government or of the Bureau of Indian Affairs performing law 
     enforcement functions on any Indian lands may be used to 
     provide the non-Federal share of the cost of programs or 
     projects funded under this part.
       ``(h) Grantee Reporting.--
       ``(1) In general.--Upon completion of the grant period 
     under this part, a State or Indian tribal grantee shall file 
     a performance report with the Attorney General explaining the 
     activities carried out, which report shall include an 
     assessment of the effectiveness of those activities in 
     achieving the purposes of this part.
       ``(2) Certification by grantee and subgrantees.--A section 
     of the performance report shall be completed by each grantee 
     and subgrantee that performed the direct services 
     contemplated in the application, certifying performance of 
     direct services under the grant.
       ``(3) Suspension of funding.--The Attorney General shall 
     suspend funding for an approved application if--
       ``(A) an applicant fails to submit an annual performance 
     report;
       ``(B) funds are expended for purposes other than those 
     described in this part; or
       ``(C) a report under paragraph (1) or accompanying 
     assessments demonstrate to the Attorney General that the 
     program is ineffective or financially unsound.

     ``SEC. 2003. DEFINITIONS.

       ``In this part--
       ``(1) the term `domestic violence' includes felony or 
     misdemeanor crimes of violence committed by a current or 
     former spouse of the victim, by a person with whom the victim 
     shares a child in common, by a person who is cohabitating 
     with or has cohabitated with the victim as a spouse, by a 
     person similarly situated to a spouse of the victim under the 
     domestic or family violence laws of the jurisdiction 
     receiving grant monies, or by any other adult person against 
     a victim who is protected from that person's acts under the 
     domestic or family violence laws of the jurisdiction 
     receiving grant monies;
       ``(2) the term `Indian country' has the meaning stated in 
     section 1151 of title 18, United States Code;
       ``(3) the term `Indian tribe' means a tribe, band, pueblo, 
     nation, or other organized group or community of Indians, 
     including any Alaska Native village or regional or village 
     corporation (as defined in, or established pursuant to, the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians;
       ``(4) the term `law enforcement' means a public agency 
     charged with policing functions, including any of its 
     component bureaus (such as governmental victim services 
     programs);
       ``(5) the term `prosecution' means any public agency 
     charged with direct responsibility for prosecuting criminal 
     offenders, including such agency's component bureaus (such as 
     governmental victim services programs);
       ``(6) the term `sexual assault' means any conduct 
     proscribed by chapter 109A of title 18, United States Code, 
     whether or not the conduct occurs in the special maritime and 
     territorial jurisdiction of the United States or in a Federal 
     prison and includes both assaults committed by offenders who 
     are strangers to the victim and assaults committed by 
     offenders who are known or related by blood or marriage to 
     the victim;
       ``(7) the term `underserved populations' includes 
     populations underserved because of geographic location (such 
     as rural isolation), underserved racial or ethnic 
     populations, and populations underserved because of special 
     needs, such as language barriers or physical disabilities; 
     and
       ``(8) the term `victim services' means a nonprofit, 
     nongovernmental organization that assists domestic violence 
     or sexual assault victims, including rape crisis centers, 
     battered women's shelters, and other sexual assault or 
     domestic violence programs, including nonprofit, 
     nongovernmental organizations assisting domestic violence or 
     sexual assault victims through the legal process.

     ``SEC. 2004. GENERAL TERMS AND CONDITIONS.

       ``(a) Nonmonetary Assistance.--In addition to the 
     assistance provided under this part, the Attorney General may 
     request any Federal agency to use its authorities and the 
     resources granted to it under Federal law (including 
     personnel, equipment, supplies, facilities, and managerial, 
     technical, and advisory services) in support of State, 
     tribal, and local assistance efforts.
       ``(b) Reporting.--Not later than 180 days after the end of 
     each fiscal year for which grants are made under this part, 
     the Attorney General shall submit to the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on the Judiciary of the Senate a report that includes, for 
     each State and for each grantee Indian tribe--
       ``(1) the number of grants made and funds distributed under 
     this part;
       ``(2) a summary of the purposes for which those grants were 
     provided and an evaluation of their progress;
       ``(3) a statistical summary of persons served, detailing 
     the nature of victimization, and providing data on age, sex, 
     relationship of victim to offender, geographic distribution, 
     race, ethnicity, language, and disability; and
       ``(4) an evaluation of the effectiveness of programs funded 
     under this part.
       ``(c) Regulations or Guidelines.--Not later than 120 days 
     after the date of enactment of this part, the Attorney 
     General shall publish proposed regulations or guidelines 
     implementing this part. Not later than 180 days after the 
     date of enactment, the Attorney General shall publish final 
     regulations or guidelines implementing this part.

     ``SEC. 2005. RAPE EXAM PAYMENTS.

       ``(a) Restriction of Funds.--
       ``(1) In general.--A State, Indian tribal government, or 
     unit of local government, shall not be entitled to funds 
     under this part unless the State, Indian tribal government, 
     unit of local government, or another governmental entity 
     incurs the full out-of-pocket cost of forensic medical exams 
     described in subsection (b) for victims of sexual assault.
       ``(2) Redistribution.--Funds withheld from a State or unit 
     of local government under paragraph (1) shall be distributed 
     to other States or units of local government pro rata. Funds 
     withheld from an Indian tribal government under paragraph (1) 
     shall be distributed to other Indian tribal governments pro 
     rata.
       ``(b) Medical Costs.--A State, Indian tribal government, or 
     unit of local government shall be deemed to incur the full 
     out-of-pocket cost of forensic medical exams for victims of 
     sexual assault if any government entity--
       ``(1) provides such exams to victims free of charge to the 
     victim;
       ``(2) arranges for victims to obtain such exams free of 
     charge to the victims; or
       ``(3) reimburses victims for the cost of such exams if--
       ``(A) the reimbursement covers the full cost of such exams, 
     without any deductible requirement or limit on the amount of 
     a reimbursement;
       ``(B) the reimbursing governmental entity permits victims 
     to apply for reimbursement for not less than one year from 
     the date of the exam;
       ``(C) the reimbursing governmental entity provides 
     reimbursement not later than 90 days after written 
     notification of the victim's expense; and
       ``(D) the State, Indian tribal government, unit of local 
     government, or reimbursing governmental entity provides 
     information at the time of the exam to all victims, including 
     victims with limited or no English proficiency, regarding how 
     to obtain reimbursement.

     ``SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.

       ``(a) In General.--A State, Indian tribal government, or 
     unit of local government, shall not be entitled to funds 
     under this part unless the State, Indian tribal government, 
     or unit of local government--
       ``(1) certifies that its laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, that the 
     abused bear the costs associated with the filing of criminal 
     charges against the domestic violence offender, or the costs 
     associated with the issuance or service of a warrant, 
     protection order, or witness subpoena; or
       ``(2) gives the Attorney General assurances that its laws, 
     policies and practices will be in compliance with the 
     requirements of paragraph (1) within the later of--
       ``(A) the period ending on the date on which the next 
     session of the State legislature ends; or
       ``(B) 2 years.
       ``(b) Redistribution.--Funds withheld from a State, unit of 
     local government, or Indian tribal government under 
     subsection (a) shall be distributed to other States, units of 
     local government, and Indian tribal government, respectively, 
     pro rata.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 32101(b), is 
     amended by striking the matter relating to part T and 
     inserting the following:

        ``Part T--Grants To Combat Violent Crimes Against Women

``Sec. 2001. Purpose of the program and grants.
``Sec. 2002. State grants.
``Sec. 2003. General definitions.
``Sec. 2004. General terms and conditions.
``Sec. 2005. Rape exam payments.
``Sec. 2006. Filing costs for criminal charges.

             ``Part U--Transition--Effective Date--Repealer

``Sec. 2101. Continuation of rules, authorities, and proceedings.''.

       (c) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793), as amended by section 32101(d), is 
     amended--
       (1) in paragraph (3) by striking ``and S'' and inserting 
     ``S, and T''; and
       (2) by adding at the end the following new paragraph:
       ``(18) There are authorized to be appropriated to carry out 
     part T--
       ``(A) $26,000,000 for fiscal year 1995;
       ``(B) $130,000,000 for fiscal year 1996;
       ``(C) $145,000,000 for fiscal year 1997;
       ``(D) $160,000,000 for fiscal year 1998;
       ``(E) $165,000,000 for fiscal year 1999; and
       ``(F) $174,000,000 for fiscal year 2000.''.

     CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS

     SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME 
                   IN PUBLIC TRANSPORTATION.

       (a) General Purpose.--There is authorized to be 
     appropriated not to exceed $10,000,000, for the Secretary of 
     Transportation (referred to in this section as the 
     ``Secretary'') to make capital grants for the prevention of 
     crime and to increase security in existing and future public 
     transportation systems. None of the provisions of this Act 
     may be construed to prohibit the financing of projects under 
     this section where law enforcement responsibilities are 
     vested in a local public body other than the grant applicant.
       (b) Grants for Lighting, Camera Surveillance, and Security 
     Phones.--
       (1) From the sums authorized for expenditure under this 
     section for crime prevention, the Secretary is authorized to 
     make grants and loans to States and local public bodies or 
     agencies for the purpose of increasing the safety of public 
     transportation by--
       (A) increasing lighting within or adjacent to public 
     transportation systems, including bus stops, subway stations, 
     parking lots, or garages;
       (B) increasing camera surveillance of areas within and 
     adjacent to public transportation systems, including bus 
     stops, subway stations, parking lots, or garages;
       (C) providing emergency phone lines to contact law 
     enforcement or security personnel in areas within or adjacent 
     to public transportation systems, including bus stops, subway 
     stations, parking lots, or garages; or
       (D) any other project intended to increase the security and 
     safety of existing or planned public transportation systems.
       (2) From the sums authorized under this section, at least 
     75 percent shall be expended on projects of the type 
     described in subsection (b)(1) (A) and (B).
       (c) Reporting.--All grants under this section are 
     contingent upon the filing of a report with the Secretary and 
     the Department of Justice, Office of Victims of Crime, 
     showing crime rates in or adjacent to public transportation 
     before, and for a 1-year period after, the capital 
     improvement. Statistics shall be compiled on the basis of the 
     type of crime, sex, race, ethnicity, language, and 
     relationship of victim to the offender.
       (d) Increased Federal Share.--Notwithstanding any other 
     provision of law, the Federal share under this section for 
     each capital improvement project that enhances the safety and 
     security of public transportation systems and that is not 
     required by law (including any other provision of this Act) 
     shall be 90 percent of the net project cost of the project.
       (e) Special Grants for Projects To Study Increasing 
     Security for Women.--From the sums authorized under this 
     section, the Secretary shall provide grants and loans for the 
     purpose of studying ways to reduce violent crimes against 
     women in public transit through better design or operation of 
     public transit systems.
       (f) General Requirements.--All grants or loans provided 
     under this section shall be subject to the same terms, 
     conditions, requirements, and provisions applicable to grants 
     and loans as specified in section 5321 of title 49, United 
     States Code.

     SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME 
                   IN NATIONAL PARKS.

       Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.

       ``(a) Availability of Funds.--There are authorized to be 
     appropriated out of the Violent Crime Reduction Trust Fund, 
     not to exceed $10,000,000 for the Secretary of the Interior 
     to take all necessary actions to seek to reduce the incidence 
     of violent crime in the National Park System.
       ``(b) Recommendations for Improvement.--The Secretary shall 
     direct the chief official responsible for law enforcement 
     within the National Park Service to--
       ``(1) compile a list of areas within the National Park 
     System with the highest rates of violent crime;
       ``(2) make recommendations concerning capital improvements, 
     and other measures, needed within the National Park System to 
     reduce the rates of violent crime, including the rate of 
     sexual assault; and
       ``(3) publish the information required by paragraphs (1) 
     and (2) in the Federal Register.
       ``(c) Distribution of Funds.--Based on the recommendations 
     and list issued pursuant to subsection (b), the Secretary 
     shall distribute the funds authorized by subsection (a) 
     throughout the National Park System. Priority shall be given 
     to those areas with the highest rates of sexual assault.
       ``(d) Use of Funds.--Funds provided under this section may 
     be used--
       ``(1) to increase lighting within or adjacent to National 
     Park System units;
       ``(2) to provide emergency phone lines to contact law 
     enforcement or security personnel in areas within or adjacent 
     to National Park System units;
       ``(3) to increase security or law enforcement personnel 
     within or adjacent to National Park System units; or
       ``(4) for any other project intended to increase the 
     security and safety of National Park System units.''.

     SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME 
                   IN PUBLIC PARKS.

       Section 6 of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-8) is amended by adding at the end the 
     following new subsection:
       ``(h) Capital Improvement and Other Projects to Reduce 
     Crime.--
       ``(1) Availability of funds.--In addition to assistance for 
     planning projects, and in addition to the projects identified 
     in subsection (e), and from amounts appropriated out of the 
     Violent Crime Reduction Trust Fund, the Secretary may provide 
     financial assistance to the States, not to exceed 
     $15,000,000, for projects or combinations thereof for the 
     purpose of making capital improvements and other measures to 
     increase safety in urban parks and recreation areas, 
     including funds to--
       ``(A) increase lighting within or adjacent to public parks 
     and recreation areas;
       ``(B) provide emergency phone lines to contact law 
     enforcement or security personnel in areas within or adjacent 
     to public parks and recreation areas;
       ``(C) increase security personnel within or adjacent to 
     public parks and recreation areas; and
       ``(D) fund any other project intended to increase the 
     security and safety of public parks and recreation areas.
       ``(2) Eligibility.--In addition to the requirements for 
     project approval imposed by this section, eligibility for 
     assistance under this subsection shall be dependent upon a 
     showing of need. In providing funds under this subsection, 
     the Secretary shall give priority to projects proposed for 
     urban parks and recreation areas with the highest rates of 
     crime and, in particular, to urban parks and recreation areas 
     with the highest rates of sexual assault.
       ``(3) Federal share.--Notwithstanding subsection (c), the 
     Secretary may provide 70 percent improvement grants for 
     projects undertaken by any State for the purposes described 
     in this subsection, and the remaining share of the cost shall 
     be borne by the State.''.

                    CHAPTER 4--NEW EVIDENTIARY RULES

     SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.

       (a) Modification of Proposed Amendment.--The proposed 
     amendments to the Federal Rules of Evidence that are embraced 
     by an order entered by the Supreme Court of the United States 
     on April 29, 1994, shall take effect on December 1, 1994, as 
     otherwise provided by law, but with the amendment made by 
     subsection (b).
       (b)  Rule.--Rule 412 of the Federal Rules of Evidence is 
     amended to read as follows:

     ``Rule 412. Sex Offense Cases; Relevance of Alleged Victim's 
                   Past Sexual Behavior or Alleged Sexual 
                   Predisposition

       ``(a) Evidence Generally Inadmissible.--The following 
     evidence is not admissible in any civil or criminal 
     proceeding involving alleged sexual misconduct except as 
     provided in subdivisions (b) and (c):
       ``(1) Evidence offered to prove that any alleged victim 
     engaged in other sexual behavior.
       ``(2) Evidence offered to prove any alleged victim's sexual 
     predisposition.
       ``(b) Exceptions.--
       ``(1) In a criminal case, the following evidence is 
     admissible, if otherwise admissible under these rules:
       ``(A) evidence of specific instances of sexual behavior by 
     the alleged victim offered to prove that a person other than 
     the accused was the source of semen, injury or other physical 
     evidence;
       ``(B) evidence of specific instances of sexual behavior by 
     the alleged victim with respect to the person accused of the 
     sexual misconduct offered by the accused to prove consent or 
     by the prosecution; and
       ``(C) evidence the exclusion of which would violate the 
     constitutional rights of the defendant.
       ``(2) In a civil case, evidence offered to prove the sexual 
     behavior or sexual predisposition of any alleged victim is 
     admissible if it is otherwise admissible under these rules 
     and its probative value substantially outweighs the danger of 
     harm to any victim and of unfair prejudice to any party. 
     Evidence of an alleged victim's reputation is admissible only 
     if it has been placed in controversy by the alleged victim.
       ``(c) Procedure To Determine Admissibility.--
       ``(1) A party intending to offer evidence under subdivision 
     (b) must--
       ``(A) file a written motion at least 14 days before trial 
     specifically describing the evidence and stating the purpose 
     for which it is offered unless the court, for good cause 
     requires a different time for filing or permits filing during 
     trial; and
       ``(B) serve the motion on all parties and notify the 
     alleged victim or, when appropriate, the alleged victim's 
     guardian or representative.
       ``(2) Before admitting evidence under this rule the court 
     must conduct a hearing in camera and afford the victim and 
     parties a right to attend and be heard. The motion, related 
     papers, and the record of the hearing must be sealed and 
     remain under seal unless the court orders otherwise.''.
       (c) Technical Amendment.--The table of contents for the 
     Federal Rules of Evidence is amended by amending the item 
     relating to rule 412 to read as follows:

``412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual 
              Behavior or Alleged Sexual Predisposition:
  ``(a) Evidence generally inadmissible.
  ``(b) Exceptions.
  ``(c) Procedure to determine admissibility.''.

           CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

     SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL 
                   ASSAULTS AGAINST WOMEN.

       Part A of title XIX of the Public Health and Human Services 
     Act (42 U.S.C. 300w et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION 
                   EDUCATION.

       ``(a) Permitted Use.--Notwithstanding section 1904(a)(1), 
     amounts transferred by the State for use under this part may 
     be used for rape prevention and education programs conducted 
     by rape crisis centers or similar nongovernmental nonprofit 
     entities for--
       ``(1) educational seminars;
       ``(2) the operation of hotlines;
       ``(3) training programs for professionals;
       ``(4) the preparation of informational materials; and
       ``(5) other efforts to increase awareness of the facts 
     about, or to help prevent, sexual assault, including efforts 
     to increase awareness in underserved racial, ethnic, and 
     language minority communities.
       ``(b) Targeting of Education Programs.--States providing 
     grant monies must ensure that at least 25 percent of the 
     monies are devoted to education programs targeted for middle 
     school, junior high school, and high school students.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $35,000,000 for fiscal year 1996;
       ``(2) $35,000,000 for fiscal year 1997;
       ``(3) $45,000,000 for fiscal year 1998;
       ``(4) $45,000,000 for fiscal year 1999; and
       ``(5) $45,000,000 for fiscal year 2000.
       ``(d) Limitation.--Funds authorized under this section may 
     only be used for providing rape prevention and education 
     programs.
       ``(e) Definition.--For purposes of this section, the term 
     `rape prevention and education' includes education and 
     prevention efforts directed at offenses committed by 
     offenders who are not known to the victim as well as 
     offenders who are known to the victim.
       ``(f) Terms.--The Secretary shall make allotments to each 
     State on the basis of the population of the State, and 
     subject to the conditions provided in this section and 
     sections 1904 through 1909.''.

     SEC. 40152. TRAINING PROGRAMS.

       (a) In General.--The Attorney General, after consultation 
     with victim advocates and individuals who have expertise in 
     treating sex offenders, shall establish criteria and develop 
     training programs to assist probation and parole officers and 
     other personnel who work with released sex offenders in the 
     areas of--
       (1) case management;
       (2) supervision; and
       (3) relapse prevention.
       (b) Training Programs.--The Attorney General shall ensure, 
     to the extent practicable, that training programs developed 
     under subsection (a) are available in geographically diverse 
     locations throughout the country.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $1,000,000 for fiscal year 1996; and
       (2) $1,000,000 for fiscal year 1997.

     SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL 
                   ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND THEIR 
                   COUNSELORS.

       (a) Study and Development of Model Legislation.--The 
     Attorney General shall--
       (1) study and evaluate the manner in which the States have 
     taken measures to protect the confidentiality of 
     communications between sexual assault or domestic violence 
     victims and their therapists or trained counselors;
       (2) develop model legislation that will provide the maximum 
     protection possible for the confidentiality of such 
     communications, within any applicable constitutional limits, 
     taking into account the following factors:
       (A) the danger that counseling programs for victims of 
     sexual assault and domestic violence will be unable to 
     achieve their goal of helping victims recover from the trauma 
     associated with these crimes if there is no assurance that 
     the records of the counseling sessions will be kept 
     confidential;
       (B) consideration of the appropriateness of an absolute 
     privilege for communications between victims of sexual 
     assault or domestic violence and their therapists or trained 
     counselors, in light of the likelihood that such an absolute 
     privilege will provide the maximum guarantee of 
     confidentiality but also in light of the possibility that 
     such an absolute privilege may be held to violate the rights 
     of criminal defendants under the Federal or State 
     constitutions by denying them the opportunity to obtain 
     exculpatory evidence and present it at trial; and
       (C) consideration of what limitations on the disclosure of 
     confidential communications between victims of these crimes 
     and their counselors, short of an absolute privilege, are 
     most likely to ensure that the counseling programs will not 
     be undermined, and specifically whether no such disclosure 
     should be allowed unless, at a minimum, there has been a 
     particularized showing by a criminal defendant of a 
     compelling need for records of such communications, and 
     adequate procedural safeguards are in place to prevent 
     unnecessary or damaging disclosures; and
       (3) prepare and disseminate to State authorities the 
     findings made and model legislation developed as a result of 
     the study and evaluation.
       (b) Report and Recommendations.--Not later than the date 
     that is 1 year after the date of enactment of this Act, the 
     Attorney General shall report to the Congress--
       (1) the findings of the study and the model legislation 
     required by this section; and
       (2) recommendations based on the findings on the need for 
     and appropriateness of further action by the Federal 
     Government.
       (c) Review of Federal Evidentiary Rules.--The Judicial 
     Conference of the United States shall evaluate and report to 
     Congress its views on whether the Federal Rules of Evidence 
     should be amended, and if so, how they should be amended, to 
     guarantee that the confidentiality of communications between 
     sexual assault victims and their therapists or trained 
     counselors will be adequately protected in Federal court 
     proceedings.

     SEC. 40154. INFORMATION PROGRAMS.

       The Attorney General shall compile information regarding 
     sex offender treatment programs and ensure that information 
     regarding community treatment programs in the community into 
     which a convicted sex offender is released is made available 
     to each person serving a sentence of imprisonment in a 
     Federal penal or correctional institution for a commission of 
     an offense under chapter 109A of title 18, United States 
     Code, or for the commission of a similar offense, including 
     halfway houses and psychiatric institutions.

     SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL 
                   ABUSE OF RUNAWAY, HOMELESS, AND STREET YOUTH.

       Part A of the Runaway and Homeless Youth Act (42 U.S.C. 
     5711 et seq.) is amended--
       (1) by redesignating sections 316 and 317 as sections 317 
     and 318, respectively; and
       (2) by inserting after section 315 the following new 
     section:


        ``grants for prevention of sexual abuse and exploitation

       ``Sec. 316. (a) In General.--The Secretary shall make 
     grants under this section to private, nonprofit agencies for 
     street-based outreach and education, including treatment, 
     counseling, provision of information, and referral for 
     runaway, homeless, and street youth who have been subjected 
     to or are at risk of being subjected to sexual abuse.
       ``(b) Priority.--In selecting among applicants for grants 
     under subsection (a), the Secretary shall give priority to 
     agencies that have experience in providing services to 
     runaway, homeless, and street youth.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $7,000,000 for fiscal year 1996;
       ``(2) $8,000,000 for fiscal year 1997; and
       ``(3) $15,000,000 for fiscal year 1998.
       ``(d) Definitions.--For the purposes of this section--
       ``(1) the term `street-based outreach and education' 
     includes education and prevention efforts directed at 
     offenses committed by offenders who are not known to the 
     victim as well as offenders who are known to the victim; and
       ``(2) the term `street youth' means a juvenile who spends a 
     significant amount of time on the street or in other areas of 
     exposure to encounters that may lead to sexual abuse.''.

     SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.

       (a) Court-Appointed Special Advocate Program.--
       (1) Reauthorization.--Section 218(a) of the Victims of 
     Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to 
     read as follows:
       ``(a) Authorization.--There are authorized to be 
     appropriated to carry out this subtitle--
       ``(1) $6,000,000 for fiscal year 1996;
       ``(2) $6,000,000 for fiscal year 1997;
       ``(3) $7,000,000 for fiscal year 1998;
       ``(4) $9,000,000 for fiscal year 1999; and
       ``(5) $10,000,000 for fiscal year 2000.''.
       (2) Technical amendment.--Section 216 of the Victims of 
     Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by 
     striking ``this chapter'' and inserting ``this subtitle''.
       (b) Child Abuse Training Programs for Judicial Personnel 
     and Practitioners.--
       (1) Reauthorization.--Section 224(a) of the Victims of 
     Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to 
     read as follows:
       ``(a) Authorization.--There are authorized to be 
     appropriated to carry out this subtitle--
       ``(1) $750,000 for fiscal year 1996;
       ``(2) $1,000,000 for fiscal year 1997;
       ``(3) $2,000,000 for fiscal year 1998;
       ``(4) $2,000,000 for fiscal year 1999; and
       ``(5) $2,300,000 for fiscal year 2000.''.
       (2) Technical amendment.--Section 221(b) of the Victims of 
     Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by 
     striking ``this chapter'' and inserting ``this subtitle''.
       (c) Grants for Televised Testimony.--Title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 is amended--
       (1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) 
     to read as follows:
       ``(7) There are authorized to be appropriated to carry out 
     part N--
       ``(A) $250,000 for fiscal year 1996;
       ``(B) $1,000,000 for fiscal year 1997;
       ``(C) $1,000,000 for fiscal year 1998;
       ``(D) $1,000,000 for fiscal year 1999; and
       ``(E) $1,000,000 for fiscal year 2000.'';
       (2) in section 1402 (42 U.S.C. 3796aa-1) by striking ``to 
     States, for the use of States and units of local government 
     in the States'';
       (3) in section 1403 (42 U.S.C. 3796aa-2)--
       (A) by inserting ``or unit of local government'' after ``of 
     a State'';
       (B) by inserting ``and'' after paragraph (1);
       (C) in paragraph (2) by striking the semicolon at the end 
     and inserting a period; and
       (D) by striking paragraphs (3) and (4);
       (4) in section 1404 (42 U.S.C. 3796aa-3)--
       (A) in subsection (a)--
       (i) by striking ``The Bureau'' and all that follows through 
     ``determining that'' and inserting ``An applicant is eligible 
     to receive a grant under this part if--'';
       (ii) in paragraph (1) by striking ``there is in effect in 
     such State'' and inserting ``the applicant certifies and the 
     Director determines that there is in effect in the State'';
       (iii) in paragraph (2) by striking ``such State law shall 
     meet'' and inserting ``the applicant certifies and the 
     Director determines that State law meets'';
       (iv) by inserting ``and'' after subparagraph (E);
       (v) in paragraph (3)--

       (I) by inserting ``the Director determines that'' before 
     ``the application''; and
       (II) by striking ``; and'' and inserting a period;

       (vi) by striking paragraph (4);
       (vii) by striking ``Each application'' and inserting the 
     following:
       ``(b) Each application''; and
       (viii) by striking ``the Bureau'' each place it appears and 
     inserting ``the Director''; and
       (B) by redesignating subsection (b) as subsection (c) and 
     by striking ``The Bureau'' and inserting ``The Director'';
       (5) by striking section 1405 (42 U.S.C. 3796aa-4);
       (6) in section 1406 (42 U.S.C. 3796aa-5)--
       (A) in subsection (a)--
       (i) by striking ``State which'' and inserting ``State or 
     unit of local government that'';
       (ii) by striking ``title'' and inserting ``part''; and
       (iii) in paragraph (1) by striking ``State''; and
       (B) in subsection (b)(1) by striking ``such State'' and 
     inserting ``the State and units of local government in the 
     State'';
       (7) in section 1407 (42 U.S.C. 3796aa-6)--
       (A) in subsection (c)--
       (i) by striking ``Each State'' and all that follows through 
     ``effective audit'' and inserting ``Grant recipients (or 
     private organizations with which grant recipients have 
     contracted to provide equipment or training using grant 
     funds) shall keep such records as the Director may require by 
     rule to facilitate such an audit.''; and
       (ii) in paragraph (2) by striking ``States which receive 
     grants, and of units of local government which receive any 
     part of a grant made under this part'' and inserting ``grant 
     recipients (or private organizations with which grant 
     recipients have contracted to provide equipment or training 
     using grant funds)''; and
       (B) by adding at the end the following new subsection:
       ``(d) Utilization of Private Sector.--Nothing in this part 
     shall prohibit the utilization of any grant funds to contract 
     with a private organization to provide equipment or training 
     for the televising of testimony as contemplated by the 
     application submitted by an applicant.'';
       (8) by striking section 1408 (42 U.S.C. 3796aa-7); and
       (9) in the table of contents--
       (A) in the item relating to section 1405 by striking 
     ``Allocation and distribution of funds under formula grants'' 
     and inserting ``(Repealed)''; and
       (B) in the item relating to section 1408 by striking 
     ``State office'' and inserting ``(Repealed)''.
                    Subtitle B--Safe Homes for Women

     SEC. 40201. SHORT TITLE.

       This title may be cited as the ``Safe Homes for Women Act 
     of 1994''.

             CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE

     SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is amended by adding at the end the following 
     new section:

     ``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

       ``(a) In General.--The Secretary may award a grant to a 
     private, nonprofit entity to provide for the operation of a 
     national, toll-free telephone hotline to provide information 
     and assistance to victims of domestic violence.
       ``(b) Duration.--A grant under this section may extend over 
     a period of not more than 5 years.
       ``(c) Annual Approval.--The provision of payments under a 
     grant under this section shall be subject to annual approval 
     by the Secretary and subject to the availability of 
     appropriations for each fiscal year to make the payments.
       ``(d) Activities.--Funds received by an entity under this 
     section shall be used to establish and operate a national, 
     toll-free telephone hotline to provide information and 
     assistance to victims of domestic violence. In establishing 
     and operating the hotline, a private, nonprofit entity 
     shall--
       ``(1) contract with a carrier for the use of a toll-free 
     telephone line;
       ``(2) employ, train, and supervise personnel to answer 
     incoming calls and provide counseling and referral services 
     to callers on a 24-hour-a-day basis;
       ``(3) assemble and maintain a current database of 
     information relating to services for victims of domestic 
     violence to which callers may be referred throughout the 
     United States, including information on the availability of 
     shelters that serve battered women; and
       ``(4) publicize the hotline to potential users throughout 
     the United States.
       ``(e) Application.--A grant may not be made under this 
     section unless an application for such grant has been 
     approved by the Secretary. To be approved by the Secretary 
     under this subsection an application shall--
       ``(1) contain such agreements, assurances, and information, 
     be in such form and be submitted in such manner as the 
     Secretary shall prescribe through notice in the Federal 
     Register;
       ``(2) include a complete description of the applicant's 
     plan for the operation of a national domestic violence 
     hotline, including descriptions of--
       ``(A) the training program for hotline personnel;
       ``(B) the hiring criteria for hotline personnel;
       ``(C) the methods for the creation, maintenance and 
     updating of a resource database;
       ``(D) a plan for publicizing the availability of the 
     hotline;
       ``(E) a plan for providing service to non-English speaking 
     callers, including hotline personnel who speak Spanish; and
       ``(F) a plan for facilitating access to the hotline by 
     persons with hearing impairments;
       ``(3) demonstrate that the applicant has nationally 
     recognized expertise in the area of domestic violence and a 
     record of high quality service to victims of domestic 
     violence, including a demonstration of support from advocacy 
     groups, such as domestic violence State coalitions or 
     recognized national domestic violence groups;
       ``(4) demonstrates that the applicant has a commitment to 
     diversity, and to the provision of services to ethnic, 
     racial, and non-English speaking minorities, in addition to 
     older individuals and individuals with disabilities; and
       ``(5) contain such other information as the Secretary may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $1,000,000 for fiscal year 1995;
       ``(B) $400,000 for fiscal year 1996;
       ``(C) $400,000 for fiscal year 1997;
       ``(D) $400,000 for fiscal year 1998;
       ``(E) $400,000 for fiscal year 1999; and
       ``(F) $400,000 for fiscal year 2000.
       ``(2) Availability.--Funds authorized to be appropriated 
     under paragraph (1) shall remain available until expended.''.

                   CHAPTER 2--INTERSTATE ENFORCEMENT

     SEC. 40221. INTERSTATE ENFORCEMENT.

       (a) In General.--Part 1 of title 18, United States Code, is 
     amended by inserting after chapter 110 the following new 
     chapter:

                   ``CHAPTER 110A--DOMESTIC VIOLENCE

``Sec. 2261. Interstate domestic violence.
``Sec. 2262. Interstate violation of protection order.
``Sec. 2263. Pretrial release of defendant.
``Sec. 2264. Restitution.
``Sec. 2265. Full faith and credit given to protection orders.
``Sec. 2266. Definitions.

     ``Sec. 2261. Interstate domestic violence

       ``(a) Offenses.--
       ``(1) Crossing a state line.--A person who travels across a 
     State line or enters or leaves Indian country with the intent 
     to injure, harass, or intimidate that person's spouse or 
     intimate partner, and who, in the course of or as a result of 
     such travel, intentionally commits a crime of violence and 
     thereby causes bodily injury to such spouse or intimate 
     partner, shall be punished as provided in subsection (b).
       ``(2) Causing the crossing of a state line.--A person who 
     causes a spouse or intimate partner to cross a State line or 
     to enter or leave Indian country by force, coercion, duress, 
     or fraud and, in the course or as a result of that conduct, 
     intentionally commits a crime of violence and thereby causes 
     bodily injury to the person's spouse or intimate partner, 
     shall be punished as provided in subsection (b).
       ``(b) Penalties.--A person who violates this section shall 
     be fined under this title, imprisoned--
       ``(1) for life or any term of years, if death of the 
     offender's spouse or intimate partner results;
       ``(2) for not more than 20 years if permanent disfigurement 
     or life threatening bodily injury to the offender's spouse or 
     intimate partner results;
       ``(3) for not more than 10 years, if serious bodily injury 
     to the offender's spouse or intimate partner results or if 
     the offender uses a dangerous weapon during the offense;
       ``(4) as provided for the applicable conduct under chapter 
     109A if the offense would constitute an offense under chapter 
     109A (without regard to whether the offense was committed in 
     the special maritime and territorial jurisdiction of the 
     United States or in a Federal prison); and
       ``(5) for not more than 5 years, in any other case,

     or both fined and imprisoned.

     ``Sec. 2262. Interstate violation of protection order

       ``(a) Offenses.--
       ``(1) Crossing a state line.--A person who travels across a 
     State line or enters or leaves Indian country with the intent 
     to engage in conduct that--
       ``(A)(i) violates the portion of a protection order that 
     involves protection against credible threats of violence, 
     repeated harassment, or bodily injury to the person or 
     persons for whom the protection order was issued; or
       ``(ii) would violate subparagraph (A) if the conduct 
     occurred in the jurisdiction in which the order was issued; 
     and
       ``(B) subsequently engages in such conduct,
     shall be punished as provided in subsection (b).
       ``(2) Causing the crossing of a state line.--A person who 
     causes a spouse or intimate partner to cross a State line or 
     to enter or leave Indian country by force, coercion, duress, 
     or fraud, and, in the course or as a result of that conduct, 
     intentionally commits an act that injures the person's spouse 
     or intimate partner in violation of a valid protection order 
     issued by a State shall be punished as provided in subsection 
     (b).
       ``(b) Penalties.--A person who violates this section shall 
     be fined under this title, imprisoned--
       ``(1) for life or any term of years, if death of the 
     offender's spouse or intimate partner results;
       ``(2) for not more than 20 years if permanent disfigurement 
     or life threatening bodily injury to the offender's spouse or 
     intimate partner results;
       ``(3) for not more than 10 years, if serious bodily injury 
     to the offender's spouse or intimate partner results or if 
     the offender uses a dangerous weapon during the offense;
       ``(4) as provided for the applicable conduct under chapter 
     109A if the offense would constitute an offense under chapter 
     109A (without regard to whether the offense was committed in 
     the special maritime and territorial jurisdiction of the 
     United States or in a Federal prison); and
       ``(5) for not more than 5 years, in any other case,

     or both fined and imprisoned.

     ``Sec. 2263. Pretrial release of defendant

       ``In any proceeding pursuant to section 3142 for the 
     purpose of determining whether a defendant charged under this 
     chapter shall be released pending trial, or for the purpose 
     of determining conditions of such release, the alleged victim 
     shall be given an opportunity to be heard regarding the 
     danger posed by the defendant.

     ``Sec. 2264. Restitution

       ``(a) In General.--Notwithstanding section 3663, and in 
     addition to any other civil or criminal penalty authorized by 
     law, the court shall order restitution for any offense under 
     this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Directions.--The order of restitution under this 
     section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (3); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) Enforcement by victim.--An order of restitution also 
     may be enforced by a victim named in the order to receive the 
     restitution in the same manner as a judgment in a civil 
     action.
       ``(3) Definition.--For purposes of this subsection, the 
     term `full amount of the victim's losses' includes any costs 
     incurred by the victim for--
       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorneys' fees, plus any costs incurred in obtaining 
     a civil protection order; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(4) Order mandatory.--(A) The issuance of a restitution 
     order under this section is mandatory.
       ``(B) A court may not decline to issue an order under this 
     section because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(C)(i) Notwithstanding subparagraph (A), the court may 
     take into account the economic circumstances of the defendant 
     in determining the manner in which and the schedule according 
     to which the restitution is to be paid.
       ``(ii) For purposes of this subparagraph, the term 
     `economic circumstances' includes--
       ``(I) the financial resources and other assets of the 
     defendant;
       ``(II) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(III) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(D) Subparagraph (A) does not apply if--
       ``(i) the court finds on the record that the economic 
     circumstances of the defendant do not allow for the payment 
     of any amount of a restitution order, and do not allow for 
     the payment of any or some portion of the amount of a 
     restitution order in the foreseeable future (under any 
     reasonable schedule of payments); and
       ``(ii) the court enters in its order the amount of the 
     victim's losses, and provides a nominal restitution award.
       ``(5) More than 1 offender.--When the court finds that more 
     than 1 offender has contributed to the loss of a victim, the 
     court may make each offender liable for payment of the full 
     amount of restitution or may apportion liability among the 
     offenders to reflect the level of contribution and economic 
     circumstances of each offender.
       ``(6) More than 1 victim.--When the court finds that more 
     than 1 victim has sustained a loss requiring restitution by 
     an offender, the court shall order full restitution of each 
     victim but may provide for different payment schedules to 
     reflect the economic circumstances of each victim.
       ``(7) Payment schedule.--An order under this section may 
     direct the defendant to make a single lump-sum payment or 
     partial payments at specified intervals.
       ``(8) Setoff.--Any amount paid to a victim under this 
     section shall be set off against any amount later recovered 
     as compensatory damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(9) Effect on other sources of compensation.--The 
     issuance of a restitution order shall not affect the 
     entitlement of a victim to receive compensation with respect 
     to a loss from insurance or any other source until the 
     payments actually received by the victim under the 
     restitution order fully compensate the victim for the loss.
       ``(10) Condition of probation or supervised release.--
     Compliance with a restitution order issued under this section 
     shall be a condition of any probation or supervised release 
     of a defendant. If an offender fails to comply with a 
     restitution order, the court may, after a hearing, revoke 
     probation or a term of supervised release, modify the terms 
     or conditions of probation or a term of supervised release, 
     or hold the defendant in contempt pursuant to section 
     3583(e). In determining whether to revoke probation or a term 
     of supervised release, modify the terms or conditions of 
     probation or supervised release or hold a defendant serving a 
     term of supervised release in contempt, the court shall 
     consider the defendant's employment status, earning ability 
     and financial resources, the willfulness of the defendant's 
     failure to comply, and any other circumstances that may have 
     a bearing on the defendant's ability to comply.
       ``(c) Affidavit.--Within 60 days after conviction and, in 
     any event, not later than 10 days before sentencing, the 
     United States Attorney (or such Attorney's delegate), after 
     consulting with the victim, shall prepare and file an 
     affidavit with the court listing the amounts subject to 
     restitution under this section. The affidavit shall be signed 
     by the United States Attorney (or the delegate) and the 
     victim. Should the victim object to any of the information 
     included in the affidavit, the United States Attorney (or the 
     delegate) shall advise the victim that the victim may file a 
     separate affidavit and assist the victim in the preparation 
     of the affidavit.
       ``(d) Objection.--If, after the defendant has been notified 
     of the affidavit, no objection is raised by the defendant, 
     the amounts attested to in the affidavit filed pursuant to 
     subsection (a) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegate) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(e) Additional Documentation and Testimony.--If the court 
     concludes, after reviewing the supporting documentation and 
     considering the defendant's objections, that there is a 
     substantial reason for doubting the authenticity or veracity 
     of the records submitted, the court may require additional 
     documentation or hear testimony on those questions. The 
     privacy of any records filed, or testimony heard, pursuant to 
     this section, shall be maintained to the greatest extent 
     possible, and such records may be filed or testimony heard in 
     camera.
       ``(f) Final Determination of Losses.--If the victim's 
     losses are not ascertainable 10 days before sentencing as 
     provided in subsection (c), the United States Attorney (or 
     the United States Attorney's delegate) shall so inform the 
     court, and the court shall set a date for the final 
     determination of the victim's losses, not to exceed 90 days 
     after sentencing. If the victim subsequently discovers 
     further losses, the victim shall have 90 days after discovery 
     of those losses in which to petition the court for an amended 
     restitution order. Such order may be granted only upon a 
     showing of good cause for the failure to include such losses 
     in the initial claim for restitutionary relief.
       ``(g) Restitution in Addition to Punishment.--An award of 
     restitution to the victim of an offense under this chapter is 
     not a substitute for imposition of punishment under this 
     chapter.

     ``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

       ``In this chapter--
       ```bodily injury' means any act, except one done in self-
     defense, that results in physical injury or sexual abuse.
       ```Indian country' has the meaning stated in section 1151.
       ```protection order' includes any injunction or other order 
     issued for the purpose of preventing violent or threatening 
     acts or harassment against, or contact or communication with 
     or physical proximity to, another person, including temporary 
     and final orders issued by civil and criminal courts (other 
     than support or child custody orders) whether obtained by 
     filing an independent action or as a pendente lite order in 
     another proceeding so long as any civil order was issued in 
     response to a complaint, petition or motion filed by or on 
     behalf of a person seeking protection.
       ```spouse or intimate partner' includes--
       ``(A) a spouse, a former spouse, a person who shares a 
     child in common with the abuser, and a person who cohabits or 
     has cohabited with the abuser as a spouse; and
       ``(B) any other person similarly situated to a spouse who 
     is protected by the domestic or family violence laws of the 
     State in which the injury occurred or where the victim 
     resides.
       ```State' includes a State of the United States, the 
     District of Columbia, a commonwealth, territory, or 
     possession of the United States.
       ```travel across State lines' does not include travel 
     across State lines by an individual who is a member of an 
     Indian tribe when such individual remains at all times in the 
     territory of the Indian tribe of which the individual is a 
     member.''.
       (b) Technical Amendment.--The part analysis for part I of 
     title 18, United States Code, is amended by inserting after 
     the item for chapter 110 the following new item:

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

         CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES

     SEC. 40231. ENCOURAGING ARREST POLICIES.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
     by section 40121(a), is amended--
       (1) by redesignating part U as part V;
       (2) by redesignating section 2101 as section 2201; and
       (3) by inserting after part T the following new part:

             ``PART U--GRANTS TO ENCOURAGE ARREST POLICIES

     ``SEC. 2101. GRANTS.

       ``(a) Purpose.--The purpose of this part is to encourage 
     States, Indian tribal governments, and units of local 
     government to treat domestic violence as a serious violation 
     of criminal law.
       ``(b) Grant Authority.--The Attorney General may make 
     grants to eligible States, Indian tribal governments, or 
     units of local government for the following purposes:
       ``(1) To implement mandatory arrest or proarrest programs 
     and policies in police departments, including mandatory 
     arrest programs and policies for protection order violations.
       ``(2) To develop policies and training in police 
     departments to improve tracking of cases involving domestic 
     violence.
       ``(3) To centralize and coordinate police enforcement, 
     prosecution, or judicial responsibility for domestic violence 
     cases in groups or units of police officers, prosecutors, or 
     judges.
       ``(4) To coordinate computer tracking systems to ensure 
     communication between police, prosecutors, and both criminal 
     and family courts.
       ``(5) To strengthen legal advocacy service programs for 
     victims of domestic violence.
       ``(6) To educate judges in criminal and other courts about 
     domestic violence and to improve judicial handling of such 
     cases.
       ``(c) Eligibility.--Eligible grantees are States, Indian 
     tribal governments, or units of local government that--
       ``(1) certify that their laws or official policies--
       ``(A) encourage or mandate arrests of domestic violence 
     offenders based on probable cause that an offense has been 
     committed; and
       ``(B) encourage or mandate arrest of domestic violence 
     offenders who violate the terms of a valid and outstanding 
     protection order;
       ``(2) demonstrate that their laws, policies, or practices 
     and their training programs discourage dual arrests of 
     offender and victim;
       ``(3) certify that their laws, policies, or practices 
     prohibit issuance of mutual restraining orders of protection 
     except in cases where both spouses file a claim and the court 
     makes detailed findings of fact indicating that both spouses 
     acted primarily as aggressors and that neither spouse acted 
     primarily in self-defense; and
       ``(4) certify that their laws, policies, or practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, that the 
     abused bear the costs associated with the filing of criminal 
     charges or the service of such charges on an abuser, or that 
     the abused bear the costs associated with the issuance or 
     service of a warrant, protection order, or witness subpoena.

     ``SEC. 2102. APPLICATIONS.

       ``(a) Application.--An eligible grantee shall submit an 
     application to the Attorney General that--
       ``(1) contains a certification by the chief executive 
     officer of the State, Indian tribal government, or local 
     government entity that the conditions of section 2101(c) are 
     met or will be met within the later of--
       ``(A) the period ending on the date on which the next 
     session of the State or Indian tribal legislature ends; or
       ``(B) 2 years of the date of enactment of this part;
       ``(2) describes plans to further the purposes stated in 
     section 2101(a);
       ``(3) identifies the agency or office or groups of agencies 
     or offices responsible for carrying out the program; and
       ``(4) includes documentation from nonprofit, private sexual 
     assault and domestic violence programs demonstrating their 
     participation in developing the application, and identifying 
     such programs in which such groups will be consulted for 
     development and implementation.
       ``(b) Priority.--In awarding grants under this part, the 
     Attorney General shall give priority to applicants that--
       ``(1) do not currently provide for centralized handling of 
     cases involving domestic violence by police, prosecutors, and 
     courts; and
       ``(2) demonstrate a commitment to strong enforcement of 
     laws, and prosecution of cases, involving domestic violence.

     ``SEC. 2103. REPORTS.

       ``Each grantee receiving funds under this part shall submit 
     a report to the Attorney General evaluating the effectiveness 
     of projects developed with funds provided under this part and 
     containing such additional information as the Attorney 
     General may prescribe.

     ``SEC. 2104. REGULATIONS OR GUIDELINES.

       ``Not later than 120 days after the date of enactment of 
     this part, the Attorney General shall publish proposed 
     regulations or guidelines implementing this part. Not later 
     than 180 days after the date of enactment of this part, the 
     Attorney General shall publish final regulations or 
     guidelines implementing this part.

     ``SEC. 2105. DEFINITIONS.

       ``For purposes of this part--
       ``(1) the term `domestic violence' includes felony or 
     misdemeanor crimes of violence committed by a current or 
     former spouse of the victim, by a person with whom the victim 
     shares a child in common, by a person who is cohabitating 
     with or has cohabitated with the victim as a spouse, by a 
     person similarly situated to a spouse of the victim under the 
     domestic or family violence laws of the jurisdiction 
     receiving grant monies, or by any other adult person against 
     a victim who is protected from that person's acts under the 
     domestic or family violence laws of the eligible State, 
     Indian tribal government, or unit of local government that 
     receives a grant under this part; and
       ``(2) the term `protection order' includes any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence, including temporary and final 
     orders issued by civil or criminal courts (other than support 
     or child custody orders or provisions) whether obtained by 
     filing an independent action or as a pendente lite order in 
     another proceeding.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 40121(b), is 
     amended by striking the matter relating to part U and 
     inserting the following:

             ``Part U--Grants to Encourage Arrest Policies

``Sec. 2101. Grants.
``Sec. 2102. Applications.
``Sec. 2103. Reports.
``Sec. 2104. Regulations or guidelines.
``Sec. 2105. Definitions.

             ``Part V--Transition--Effective Date--Repealer

``Sec. 2201. Continuation of rules, authorities, and proceedings.''.

       (c) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793), as amended by section 40121(c), is 
     amended--
       (1) in paragraph (3) by striking ``and T'' and inserting 
     ``T, and U''; and
       (2) by adding at the end the following new paragraph:
       ``(19) There are authorized to be appropriated to carry out 
     part U--
       ``(A) $28,000,000 for fiscal year 1996;
       ``(B) $33,000,000 for fiscal year 1997; and
       ``(C) $59,000,000 for fiscal year 1998.
       (d) Administrative Provisions.--
       (1) Regulations.--Section 801(b) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3782(b)), is amended by striking ``and O'' and inserting ``O, 
     and U''.
       (2) Denial of application.--Section 802(b) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3783(b)) is amended in the first sentence by striking 
     ``or O'' and inserting ``O, or U''.

                       CHAPTER 4--SHELTER GRANTS

     SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.

       Section 310(a) of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10409(a)) is amended to read as 
     follows:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this title--
       ``(1) $50,000,000 for fiscal year 1996;
       ``(2) $60,000,000 for fiscal year 1997;
       ``(3) $70,000,000 for fiscal year 1998;
       ``(4) $72,500,000 for fiscal year 1999; and
       ``(5) $72,500,000 for fiscal year 2000.''.

                       CHAPTER 5--YOUTH EDUCATION

     SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.), as amended by section 40211, is amended by 
     adding at the end the following new section:

     ``SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

       ``(a) General Purpose.--For purposes of this section, the 
     Secretary may, in consultation with the Secretary of 
     Education, select, implement and evaluate 4 model programs 
     for education of young people about domestic violence and 
     violence among intimate partners.
       ``(b) Nature of Program.--The Secretary shall select, 
     implement and evaluate separate model programs for 4 
     different audiences: primary schools, middle schools, 
     secondary schools, and institutions of higher education. The 
     model programs shall be selected, implemented, and evaluated 
     in consultation with educational experts, legal and 
     psychological experts on battering, and victim advocate 
     organizations such as battered women's shelters, State 
     coalitions and resource centers.
       ``(c) Review and Dissemination.--Not later than 2 years 
     after the date of enactment of this section, the Secretary 
     shall transmit the design and evaluation of the model 
     programs, along with a plan and cost estimate for nationwide 
     distribution, to the relevant committees of Congress for 
     review.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section
       $400,000 for fiscal year 1996.

           CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

     SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC 
                   VIOLENCE.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.), as amended by section 40251, is amended by 
     adding at the end the following new section:

     ``SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

       ``(a) In General.--The Secretary shall provide grants to 
     nonprofit private organizations to establish projects in 
     local communities involving many sectors of each community to 
     coordinate intervention and prevention of domestic violence.
       ``(b) Eligibility.--To be eligible for a grant under this 
     section, an entity--
       ``(1) shall be a nonprofit organization organized for the 
     purpose of coordinating community projects for the 
     intervention in and prevention of domestic violence; and
       ``(2) shall include representatives of pertinent sectors of 
     the local community, which may include--
       ``(A) health care providers;
       ``(B) the education community;
       ``(C) the religious community;
       ``(D) the justice system;
       ``(E) domestic violence program advocates;
       ``(F) human service entities such as State child services 
     divisions;
       ``(G) business and civic leaders; and
       ``(H) other pertinent sectors.
       ``(c) Applications.--An organization that desires to 
     receive a grant under this section shall submit to the 
     Secretary an application, in such form and in such manner as 
     the Secretary shall prescribe through notice in the Federal 
     Register, that--
       ``(1) demonstrates that the applicant will serve a 
     community leadership function, bringing together opinion 
     leaders from each sector of the community to develop a 
     coordinated community consensus opposing domestic violence;
       ``(2) demonstrates a community action component to improve 
     and expand current intervention and prevention strategies 
     through increased communication and coordination among all 
     affected sectors;
       ``(3) includes a complete description of the applicant's 
     plan for the establishment and operation of the community 
     project, including a description of--
       ``(A) the method for identification and selection of an 
     administrative committee made up of persons knowledgeable in 
     domestic violence to oversee the project, hire staff, assure 
     compliance with the project outline, and secure annual 
     evaluation of the project;
       ``(B) the method for identification and selection of 
     project staff and a project evaluator;
       ``(C) the method for identification and selection of a 
     project council consisting of representatives of the 
     community sectors listed in subsection (b)(2);
       ``(D) the method for identification and selection of a 
     steering committee consisting of representatives of the 
     various community sectors who will chair subcommittees of the 
     project council focusing on each of the sectors; and
       ``(E) a plan for developing outreach and public education 
     campaigns regarding domestic violence; and
       ``(4) contains such other information, agreements, and 
     assurances as the Secretary may require.
       ``(d) Term.--A grant provided under this section may extend 
     over a period of not more than 3 fiscal years.
       ``(e) Conditions on Payment.--Payments under a grant under 
     this section shall be subject to--
       ``(1) annual approval by the Secretary; and
       ``(2) availability of appropriations.
       ``(f) Geographical Dispersion.--The Secretary shall award 
     grants under this section to organizations in communities 
     geographically dispersed throughout the country.
       ``(g) Use of Grant Monies.--
       ``(1) In general.--A grant made under subsection (a) shall 
     be used to establish and operate a community project to 
     coordinate intervention and prevention of domestic violence.
       ``(2) Requirements.--In establishing and operating a 
     project, a nonprofit private organization shall--
       ``(A) establish protocols to improve and expand domestic 
     violence intervention and prevention strategies among all 
     affected sectors;
       ``(B) develop action plans to direct responses within each 
     community sector that are in conjunction with development in 
     all other sectors; and
       ``(C) provide for periodic evaluation of the project with a 
     written report and analysis to assist application of this 
     concept in other communities.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $4,000,000 for fiscal year 1996; and
       ``(2) $6,000,000 for fiscal year 1997.
       ``(i) Regulations.--Not later than 60 days after the date 
     of enactment of this section, the Secretary shall publish 
     proposed regulations implementing this section. Not later 
     than 120 days after the date of enactment, the Secretary 
     shall publish final regulations implementing this section.''.

   CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS

     SEC. 40271. GRANTEE REPORTING.

       (a) Submission of Application.--Section 303(a)(2)(C) of the 
     Family Violence Prevention and Services Act (42 U.S.C. 
     10402(a)(2)(C)) is amended by inserting ``and a plan to 
     address the needs of underserved populations, including 
     populations underserved because of ethnic, racial, cultural, 
     language diversity or geographic isolation'' after ``such 
     State''.
       (b) Approval of Application.--Section 303(a) of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10402(a)) is 
     amended by adding at the end the following new paragraph:
       ``(4) Upon completion of the activities funded by a grant 
     under this subpart, the State grantee shall file a 
     performance report with the Director explaining the 
     activities carried out together with an assessment of the 
     effectiveness of those activities in achieving the purposes 
     of this subpart. A section of this performance report shall 
     be completed by each grantee or subgrantee that performed the 
     direct services contemplated in the application certifying 
     performance of direct services under the grant. The Director 
     shall suspend funding for an approved application if an 
     applicant fails to submit an annual performance report or if 
     the funds are expended for purposes other than those set 
     forth under this subpart, after following the procedures set 
     forth in paragraph (3). Federal funds may be used only to 
     supplement, not supplant, State funds.''.

     SEC. 40272. TECHNICAL AMENDMENTS.

       (a) Definitions.--Section 309(5)(B) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10408(5)(B)) is 
     amended by inserting ``or other supportive services'' before 
     ``by peers individually or in groups,''.
       (b) Special Issue Resource Centers.--
       (1) Grants.--Section 308(a)(2) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10407(a)(2)) is 
     amended by striking ``six'' and inserting ``seven''.
       (2) Functions.--Section 308(c) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10407(c)) is amended--
       (A) by striking the period at the end of paragraph (6) and 
     inserting ``, including the issuance and enforcement of 
     protection orders.''; and
       (B) by adding at the end the following new paragraph:
       ``(7) Providing technical assistance and training to State 
     domestic violence coalitions.''.
       (c) State Domestic Violence Coalitions.--Section 311(a) of 
     the Family Violence Prevention and Services Act (42 U.S.C. 
     10410(a)) is amended--
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5);
       (2) by inserting before paragraph (2), as redesignated by 
     paragraph (1), the following new paragraph:
       ``(1) working with local domestic violence programs and 
     providers of direct services to encourage appropriate 
     responses to domestic violence within the State, including--
       ``(A) training and technical assistance for local programs 
     and professionals working with victims of domestic violence;
       ``(B) planning and conducting State needs assessments and 
     planning for comprehensive services;
       ``(C) serving as an information clearinghouse and resource 
     center for the State; and
       ``(D) collaborating with other governmental systems which 
     affect battered women;'';
       (3) in paragraph (2)(K), as redesignated by paragraph (1), 
     by striking ``and court officials and other professionals'' 
     and inserting ``, judges, court officers and other criminal 
     justice professionals,'';
       (4) in paragraph (3), as redesignated by paragraph (1)--
       (A) by inserting ``, criminal court judges,'' after 
     ``family law judges,'' each place it appears;
       (B) in subparagraph (F), by inserting ``custody'' after 
     ``temporary''; and
       (C) in subparagraph (H), by striking ``supervised 
     visitations that do not endanger victims and their 
     children,'' and inserting ``supervised visitations or denial 
     of visitation to protect against danger to victims or their 
     children''; and
       (5) in paragraph (4), as redesignated by paragraph (1), by 
     inserting ``, including information aimed at underserved 
     racial, ethnic or language-minority populations'' before the 
     semicolon.

             CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS

     SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.

       (a) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the United States Postal Service shall 
     promulgate regulations to secure the confidentiality of 
     domestic violence shelters and abused persons' addresses.
       (b) Requirements.--The regulations under subsection (a) 
     shall require--
       (1) in the case of an individual, the presentation to an 
     appropriate postal official of a valid, outstanding 
     protection order; and
       (2) in the case of a domestic violence shelter, the 
     presentation to an appropriate postal authority of proof from 
     a State domestic violence coalition that meets the 
     requirements of section 311 of the Family Violence Prevention 
     and Services Act (42 U.S.C. 10410)) verifying that the 
     organization is a domestic violence shelter.
       (c) Disclosure for Certain Purposes.--The regulations under 
     subsection (a) shall not prohibit the disclosure of addresses 
     to State or Federal agencies for legitimate law enforcement 
     or other governmental purposes.
       (d) Existing Compilations.--Compilations of addresses 
     existing at the time at which order is presented to an 
     appropriate postal official shall be excluded from the scope 
     of the regulations under subsection (a).

                      CHAPTER 9--DATA AND RESEARCH

     SEC. 40291. RESEARCH AGENDA.

       (a) Request for Contract.--The Attorney General shall 
     request the National Academy of Sciences, through its 
     National Research Council, to enter into a contract to 
     develop a research agenda to increase the understanding and 
     control of violence against women, including rape and 
     domestic violence. In furtherance of the contract, the 
     National Academy shall convene a panel of nationally 
     recognized experts on violence against women, in the fields 
     of law, medicine, criminal justice, and direct services to 
     victims and experts on domestic violence in diverse, ethnic, 
     social, and language minority communities and the social 
     sciences. In setting the agenda, the Academy shall focus 
     primarily on preventive, educative, social, and legal 
     strategies, including addressing the needs of underserved 
     populations.
       (b) Declination of Request.--If the National Academy of 
     Sciences declines to conduct the study and develop a research 
     agenda, it shall recommend a nonprofit private entity that is 
     qualified to conduct such a study. In that case, the Attorney 
     General shall carry out subsection (a) through the nonprofit 
     private entity recommended by the Academy. In either case, 
     whether the study is conducted by the National Academy of 
     Sciences or by the nonprofit group it recommends, the funds 
     for the contract shall be made available from sums 
     appropriated for the conduct of research by the National 
     Institute of Justice.
       (c) Report.--The Attorney General shall ensure that no 
     later than 1 year after the date of enactment of this Act, 
     the study required under subsection (a) is completed and a 
     report describing the findings made is submitted to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives.

     SEC. 40292. STATE DATABASES.

       (a) In General.--The Attorney General shall study and 
     report to the States and to Congress on how the States may 
     collect centralized databases on the incidence of sexual and 
     domestic violence offenses within a State.
       (b) Consultation.--In conducting its study, the Attorney 
     General shall consult persons expert in the collection of 
     criminal justice data, State statistical administrators, law 
     enforcement personnel, and nonprofit nongovernmental agencies 
     that provide direct services to victims of domestic violence. 
     The final report shall set forth the views of the persons 
     consulted on the recommendations.
       (c) Report.--The Attorney General shall ensure that no 
     later than 1 year after the date of enactment of this Act, 
     the study required under subsection (a) is completed and a 
     report describing the findings made is submitted to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       $200,000 for fiscal year 1996.

     SEC. 40293. NUMBER AND COST OF INJURIES.

       (a) Study.--The Secretary of Health and Human Services, 
     acting through the Centers for Disease Control Injury Control 
     Division, shall conduct a study to obtain a national 
     projection of the incidence of injuries resulting from 
     domestic violence, the cost of injuries to health care 
     facilities, and recommend health care strategies for reducing 
     the incidence and cost of such injuries.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       $100,000 for fiscal year 1996.

    CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

     SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
                   ENFORCEMENT ASSISTANCE.

       (a) Grants.--The Attorney General may make grants to 
     States, Indian tribal governments, and local governments of 
     rural States, and to other public or private entities of 
     rural States--
       (1) to implement, expand, and establish cooperative efforts 
     and projects between law enforcement officers, prosecutors, 
     victim advocacy groups, and other related parties to 
     investigate and prosecute incidents of domestic violence and 
     child abuse;
       (2) to provide treatment and counseling to victims of 
     domestic violence and child abuse; and
       (3) to work in cooperation with the community to develop 
     education and prevention strategies directed toward such 
     issues.
       (b) Definitions.--In this section--
       ``Indian tribe'' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including an 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     that is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``rural State'' has the meaning stated in section 1501(b) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796bb(B)).
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section--
       (A) $7,000,000 for fiscal year 1996;
       (B) $8,000,000 for fiscal year 1997; and
       (C) $15,000,000 for fiscal year 1998.
       (2) Additional funding.--In addition to funds received 
     under a grant under subsection (a), a law enforcement agency 
     may use funds received under a grant under section 103 to 
     accomplish the objectives of this section.
                   Subtitle C--Civil Rights for Women

     SEC. 40301. SHORT TITLE.

       This subtitle may be cited as the ``Civil Rights Remedies 
     for Gender-Motivated Violence Act''.

     SEC. 40302. CIVIL RIGHTS.

       (a) Purpose.--Pursuant to the affirmative power of Congress 
     to enact this subtitle under section 5 of the Fourteenth 
     Amendment to the Constitution, as well as under section 8 of 
     Article I of the Constitution, it is the purpose of this 
     subtitle to protect the civil rights of victims of gender 
     motivated violence and to promote public safety, health, and 
     activities affecting interstate commerce by establishing a 
     Federal civil rights cause of action for victims of crimes of 
     violence motivated by gender.
       (b) Right To Be Free From Crimes of Violence.--All persons 
     within the United States shall have the right to be free from 
     crimes of violence motivated by gender (as defined in 
     subsection (d)).
       (c) Cause of Action.--A person (including a person who acts 
     under color of any statute, ordinance, regulation, custom, or 
     usage of any State) who commits a crime of violence motivated 
     by gender and thus deprives another of the right declared in 
     subsection (b) shall be liable to the party injured, in an 
     action for the recovery of compensatory and punitive damages, 
     injunctive and declaratory relief, and such other relief as a 
     court may deem appropriate.
       (d) Definitions.--For purposes of this section--
       (1) the term ``crime of violence motivated by gender'' 
     means a crime of violence committed because of gender or on 
     the basis of gender, and due, at least in part, to an animus 
     based on the victim's gender; and
       (2) the term ``crime of violence'' means--
       (A) an act or series of acts that would constitute a felony 
     against the person or that would constitute a felony against 
     property if the conduct presents a serious risk of physical 
     injury to another, and that would come within the meaning of 
     State or Federal offenses described in section 16 of title 
     18, United States Code, whether or not those acts have 
     actually resulted in criminal charges, prosecution, or 
     conviction and whether or not those acts were committed in 
     the special maritime, territorial, or prison jurisdiction of 
     the United States; and
       (B) includes an act or series of acts that would constitute 
     a felony described in subparagraph (A) but for the 
     relationship between the person who takes such action and the 
     individual against whom such action is taken.
       (e) Limitation and Procedures.--
       (1) Limitation.--Nothing in this section entitles a person 
     to a cause of action under subsection (c) for random acts of 
     violence unrelated to gender or for acts that cannot be 
     demonstrated, by a preponderance of the evidence, to be 
     motivated by gender (within the meaning of subsection (d)).
       (2) No prior criminal action.--Nothing in this section 
     requires a prior criminal complaint, prosecution, or 
     conviction to establish the elements of a cause of action 
     under subsection (c).
       (3) Concurrent jurisdiction.--The Federal and State courts 
     shall have concurrent jurisdiction over actions brought 
     pursuant to this subtitle.
       (4) Supplemental jurisdiction.--Neither section 1367 of 
     title 28, United States Code, nor subsection (c) of this 
     section shall be construed, by reason of a claim arising 
     under such subsection, to confer on the courts of the United 
     States jurisdiction over any State law claim seeking the 
     establishment of a divorce, alimony, equitable distribution 
     of marital property, or child custody decree.
       (5) Limitation on removal.--Section 1445 of title 28, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(d) A civil action in any State court arising under 
     section 40302 of the Violence Against Women Act of 1994 may 
     not be removed to any district court of the United States.''.

     SEC. 40303. ATTORNEY'S FEES.

       Section 722 of the Revised Statutes (42 U.S.C. 1988) is 
     amended in the last sentence--
       (1) by striking ``or'' after ``Public Law 92-318,''; and
       (2) by inserting ``, or section 40302 of the Violence 
     Against Women Act of 1994,'' after ``1964''.

     SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE 
                   PRIVACY OF RAPE VICTIMS.

       It is the sense of the Senate that news media, law 
     enforcement officers, and other persons should exercise 
     restraint and respect a rape victim's privacy by not 
     disclosing the victim's identity to the general public or 
     facilitating such disclosure without the consent of the 
     victim.
         Subtitle D--Equal Justice for Women in the Courts Act

     SEC. 40401. SHORT TITLE.

       This subtitle may be cited as the ``Equal Justice for Women 
     in the Courts Act of 1994''.

  CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN 
                              STATE COURTS

     SEC. 40411. GRANTS AUTHORIZED.

       The State Justice Institute may award grants for the 
     purpose of developing, testing, presenting, and disseminating 
     model programs to be used by States (as defined in section 
     202 of the State Justice Institute Act of 1984 (42 U.S.C. 
     10701)) in training judges and court personnel in the laws of 
     the States and by Indian tribes in training tribal judges and 
     court personnel in the laws of the tribes on rape, sexual 
     assault, domestic violence, and other crimes of violence 
     motivated by the victim's gender.

     SEC. 40412. TRAINING PROVIDED BY GRANTS.

       Training provided pursuant to grants made under this 
     subtitle may include current information, existing studies, 
     or current data on--
       (1) the nature and incidence of rape and sexual assault by 
     strangers and nonstrangers, marital rape, and incest;
       (2) the underreporting of rape, sexual assault, and child 
     sexual abuse;
       (3) the physical, psychological, and economic impact of 
     rape and sexual assault on the victim, the costs to society, 
     and the implications for sentencing;
       (4) the psychology of sex offenders, their high rate of 
     recidivism, and the implications for sentencing;
       (5) the historical evolution of laws and attitudes on rape 
     and sexual assault;
       (6) sex stereotyping of female and male victims of rape and 
     sexual assault, racial stereotyping of rape victims and 
     defendants, and the impact of such stereotypes on credibility 
     of witnesses, sentencing, and other aspects of the 
     administration of justice;
       (7) application of rape shield laws and other limits on 
     introduction of evidence that may subject victims to improper 
     sex stereotyping and harassment in both rape and nonrape 
     cases, including the need for sua sponte judicial 
     intervention in inappropriate cross-examination;
       (8) the use of expert witness testimony on rape trauma 
     syndrome, child sexual abuse accommodation syndrome, post-
     traumatic stress syndrome, and similar issues;
       (9) the legitimate reasons why victims of rape, sexual 
     assault, and incest may refuse to testify against a 
     defendant;
       (10) the nature and incidence of domestic violence;
       (11) the physical, psychological, and economic impact of 
     domestic violence on the victim, the costs to society, and 
     the implications for court procedures and sentencing;
       (12) the psychology and self-presentation of batterers and 
     victims and the implications for court proceedings and 
     credibility of witnesses;
       (13) sex stereotyping of female and male victims of 
     domestic violence, myths about presence or absence of 
     domestic violence in certain racial, ethnic, religious, or 
     socioeconomic groups, and their impact on the administration 
     of justice;
       (14) historical evolution of laws and attitudes on domestic 
     violence;
       (15) proper and improper interpretations of the defenses of 
     self-defense and provocation, and the use of expert witness 
     testimony on battered woman syndrome;
       (16) the likelihood of retaliation, recidivism, and 
     escalation of violence by batterers, and the potential impact 
     of incarceration and other meaningful sanctions for acts of 
     domestic violence including violations of orders of 
     protection;
       (17) economic, psychological, social and institutional 
     reasons for victims' inability to leave the batterer, to 
     report domestic violence or to follow through on complaints, 
     including the influence of lack of support from police, 
     judges, and court personnel, and the legitimate reasons why 
     victims of domestic violence may refuse to testify against a 
     defendant;
       (18) the need for orders of protection, and the 
     implications of mutual orders of protection, dual arrest 
     policies, and mediation in domestic violence cases; and
       (19) recognition of and response to gender-motivated crimes 
     of violence other than rape, sexual assault and domestic 
     violence, such as mass or serial murder motivated by the 
     gender of the victims.

     SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING 
                   GRANTS UNDER THIS TITLE.

       The State Justice Institute shall ensure that model 
     programs carried out pursuant to grants made under this 
     subtitle are developed with the participation of law 
     enforcement officials, public and private nonprofit victim 
     advocates, legal experts, prosecutors, defense attorneys, and 
     recognized experts on gender bias in the courts.

     SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this chapter--
       $600,000 for fiscal year 1996.
       (b) Model Programs.--Of amounts appropriated under this 
     section, the State Justice Institute shall expend not less 
     than 40 percent on model programs regarding domestic violence 
     and not less than 40 percent on model programs regarding rape 
     and sexual assault.

  CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN 
                             FEDERAL COURTS

     SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND 
                   TRAINING GRANTS.

       (a) Studies.--In order to gain a better understanding of 
     the nature and the extent of gender bias in the Federal 
     courts, the circuit judicial councils are encouraged to 
     conduct studies of the instances, if any, of gender bias in 
     their respective circuits and to implement recommended 
     reforms.
       (b) Matters for Examination.--The studies under subsection 
     (a) may include an examination of the effects of gender on--
       (1) the treatment of litigants, witnesses, attorneys, 
     jurors, and judges in the courts, including before magistrate 
     and bankruptcy judges;
       (2) the interpretation and application of the law, both 
     civil and criminal;
       (3) treatment of defendants in criminal cases;
       (4) treatment of victims of violent crimes in judicial 
     proceedings;
       (5) sentencing;
       (6) sentencing alternatives and the nature of supervision 
     of probation and parole;
       (7) appointments to committees of the Judicial Conference 
     and the courts;
       (8) case management and court sponsored alternative dispute 
     resolution programs;
       (9) the selection, retention, promotion, and treatment of 
     employees;
       (10) appointment of arbitrators, experts, and special 
     masters;
       (11) the admissibility of the victim's past sexual history 
     in civil and criminal cases; and
       (12) the aspects of the topics listed in section 40412 that 
     pertain to issues within the jurisdiction of the Federal 
     courts.
       (c) Clearinghouse.--The Administrative Office of the United 
     States Courts shall act as a clearinghouse to disseminate any 
     reports and materials issued by the gender bias task forces 
     under subsection (a) and to respond to requests for such 
     reports and materials. The gender bias task forces shall 
     provide the Administrative Office of the Courts of the United 
     States with their reports and related material.
       (d) Model Programs.--The Federal Judicial Center, in 
     carrying out section 620(b)(3) of title 28, United States 
     Code, may--
       (1) include in the educational programs it presents and 
     prepares, including the training programs for newly appointed 
     judges, information on issues related to gender bias in the 
     courts including such areas as are listed in subsection (a) 
     along with such other topics as the Federal Judicial Center 
     deems appropriate;
       (2) prepare materials necessary to implement this 
     subsection; and
       (3) take into consideration the findings and 
     recommendations of the studies conducted pursuant to 
     subsection (a), and to consult with individuals and groups 
     with relevant expertise in gender bias issues as it prepares 
     or revises such materials.

     SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated--
       (1) to the Salaries and Expenses Account of the Courts of 
     Appeals, District Courts, and other Judicial Services to 
     carry out section 40421(a)--
       $500,000 for fiscal year 1996;
       (2) to the Federal Judicial Center to carry out section 
     40421(d)--
       $100,000 for fiscal year 1996; and
       (3) to the Administrative Office of the United States 
     Courts to carry out section 40421(c)--
       $100,000 for fiscal year 1996.
          Subtitle E--Violence Against Women Act Improvements

     SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

       Section 3156(a)(4) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (3) by adding after subparagraph (B) the following new 
     subparagraph:
       ``(C) any felony under chapter 109A or chapter 110.''.

     SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST 
                   VICTIMS BELOW THE AGE OF 16.

       Section 2245(2) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking ``; and'' at the end of subparagraph (C) 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) the intentional touching, not through the clothing, 
     of the genitalia of another person who has not attained the 
     age of 16 years with an intent to abuse, humiliate, harass, 
     degrade, or arouse or gratify the sexual desire of any 
     person;''.

     SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY 
                   TRANSMITTED DISEASES.

       (a) For Victims in Sex Offense Cases.--Section 503(c)(7) of 
     the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(c)(7)) is amended by adding at the end the following: 
     ``The Attorney General shall provide for the payment of the 
     cost of up to 2 anonymous and confidential tests of the 
     victim for sexually transmitted diseases, including HIV, 
     gonorrhea, herpes, chlamydia, and syphilis, during the 12 
     months following sexual assaults that pose a risk of 
     transmission, and the cost of a counseling session by a 
     medically trained professional on the accuracy of such tests 
     and the risk of transmission of sexually transmitted diseases 
     to the victim as the result of the assault. A victim may 
     waive anonymity and confidentiality of any tests paid for 
     under this section.''.
       (b) Limited Testing of Defendants.--
       (1) Court order.--The victim of an offense of the type 
     referred to in subsection (a) may obtain an order in the 
     district court of the United States for the district in which 
     charges are brought against the defendant charged with the 
     offense, after notice to the defendant and an opportunity to 
     be heard, requiring that the defendant be tested for the 
     presence of the etiologic agent for acquired immune 
     deficiency syndrome, and that the results of the test be 
     communicated to the victim and the defendant. Any test result 
     of the defendant given to the victim or the defendant must be 
     accompanied by appropriate counseling.
       (2) Showing required.--To obtain an order under paragraph 
     (1), the victim must demonstrate that--
       (A) the defendant has been charged with the offense in a 
     State or Federal court, and if the defendant has been 
     arrested without a warrant, a probable cause determination 
     has been made;
       (B) the test for the etiologic agent for acquired immune 
     deficiency syndrome is requested by the victim after 
     appropriate counseling; and
       (C) the test would provide information necessary for the 
     health of the victim of the alleged offense and the court 
     determines that the alleged conduct of the defendant created 
     a risk of transmission, as determined by the Centers for 
     Disease Control, of the etiologic agent for acquired immune 
     deficiency syndrome to the victim.
       (3) Follow-up testing.--The court may order follow-up tests 
     and counseling under paragraph (b)(1) if the initial test was 
     negative. Such follow-up tests and counseling shall be 
     performed at the request of the victim on dates that occur 
     six months and twelve months following the initial test.
       (4) Termination of testing requirements.--An order for 
     follow-up testing under paragraph (3) shall be terminated if 
     the person obtains an acquittal on, or dismissal of, all 
     charges of the type referred to in subsection (a).
       (5) Confidentiality of test.--The results of any test 
     ordered under this subsection shall be disclosed only to the 
     victim or, where the court deems appropriate, to the parent 
     or legal guardian of the victim, and to the person tested. 
     The victim may disclose the test results only to any medical 
     professional, counselor, family member or sexual partner(s) 
     the victim may have had since the attack. Any such individual 
     to whom the test results are disclosed by the victim shall 
     maintain the confidentiality of such information.
       (6) Disclosure of test results.--The court shall issue an 
     order to prohibit the disclosure by the victim of the results 
     of any test performed under this subsection to anyone other 
     than those mentioned in paragraph (5). The contents of the 
     court proceedings and test results pursuant to this section 
     shall be sealed. The results of such test performed on the 
     defendant under this section shall not be used as evidence in 
     any criminal trial.
       (7) Contempt for disclosure.--Any person who discloses the 
     results of a test in violation of this subsection may be held 
     in contempt of court.
       (c) Penalties for Intentional Transmission of HIV.--Not 
     later than 6 months after the date of enactment of this Act, 
     the United States Sentencing Commission shall conduct a study 
     and prepare and submit to the committees on the Judiciary of 
     the Senate and the House of Representatives a report 
     concerning recommendations for the revision of sentencing 
     guidelines that relate to offenses in which an HIV infected 
     individual engages in sexual activity if the individual knows 
     that he or she is infected with HIV and intends, through such 
     sexual activity, to expose another to HIV.

     SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.

       Section 3663(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2) by inserting ``including an offense 
     under chapter 109A or chapter 110'' after ``an offense 
     resulting in bodily injury to a victim'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by redesignating paragraph (4) as paragraph (5); and
       (4) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) in any case, reimburse the victim for lost income and 
     necessary child care, transportation, and other expenses 
     related to participation in the investigation or prosecution 
     of the offense or attendance at proceedings related to the 
     offense; and''.

     SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH 
                   SUSPENSION OF FEDERAL BENEFITS.

       Section 3663 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(i)(1) A Federal agency shall immediately suspend all 
     Federal benefits provided by the agency to the defendant, and 
     shall terminate the defendant's eligibility for Federal 
     benefits administered by that agency, upon receipt of a 
     certified copy of a written judicial finding that the 
     defendant is delinquent in making restitution in accordance 
     with any schedule of payments or any requirement of immediate 
     payment imposed under this section.
       ``(2) Any written finding of delinquency described in 
     paragraph (1) shall be made by a court, after a hearing, upon 
     motion of the victim named in the order to receive the 
     restitution or upon motion of the United States.
       ``(3) A defendant found to be delinquent may subsequently 
     seek a written finding from the court that the defendant has 
     rectified the delinquency or that the defendant has made and 
     will make good faith efforts to rectify the delinquency. The 
     defendant's eligibility for Federal benefits shall be 
     reinstated upon receipt by the agency of a certified copy of 
     such a finding.
       ``(4) In this subsection, ``Federal benefit'' means a 
     grant, contract, loan, professional license, or commercial 
     license provided by an agency of the United States.''.

     SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

       (a) Study.--The Attorney General, in consultation with the 
     Secretary of Education, shall provide for a national baseline 
     study to examine the scope of the problem of campus sexual 
     assaults and the effectiveness of institutional and legal 
     policies in addressing such crimes and protecting victims. 
     The Attorney General may utilize the Bureau of Justice 
     Statistics, the National Institute of Justice, and the Office 
     for Victims of Crime in carrying out this section.
       (b) Report.--Based on the study required by subsection (a) 
     and data collected under the Student Right-To-Know and Campus 
     Security Act (20 U.S.C. 1001 note; Public Law 101-542) and 
     amendments made by that Act, the Attorney General shall 
     prepare a report including an analysis of--
       (1) the number of reported allegations and estimated number 
     of unreported allegations of campus sexual assaults, and to 
     whom the allegations are reported (including authorities of 
     the educational institution, sexual assault victim service 
     entities, and local criminal authorities);
       (2) the number of campus sexual assault allegations 
     reported to authorities of educational institutions which are 
     reported to criminal authorities;
       (3) the number of campus sexual assault allegations that 
     result in criminal prosecution in comparison with the number 
     of non-campus sexual assault allegations that result in 
     criminal prosecution;
       (4) Federal and State laws or regulations pertaining 
     specifically to campus sexual assaults;
       (5) the adequacy of policies and practices of educational 
     institutions in addressing campus sexual assaults and 
     protecting victims, including consideration of--
       (A) the security measures in effect at educational 
     institutions, such as utilization of campus police and 
     security guards, control over access to grounds and 
     buildings, supervision of student activities and student 
     living arrangements, control over the consumption of alcohol 
     by students, lighting, and the availability of escort 
     services;
       (B) the articulation and communication to students of the 
     institution's policies concerning sexual assaults;
       (C) policies and practices that may prevent or discourage 
     the reporting of campus sexual assaults to local criminal 
     authorities, or that may otherwise obstruct justice or 
     interfere with the prosecution of perpetrators of campus 
     sexual assaults;
       (D) the nature and availability of victim services for 
     victims of campus sexual assaults;
       (E) the ability of educational institutions' disciplinary 
     processes to address allegations of sexual assault adequately 
     and fairly;
       (F) measures that are taken to ensure that victims are free 
     of unwanted contact with alleged assailants, and disciplinary 
     sanctions that are imposed when a sexual assault is 
     determined to have occurred; and
       (G) the grounds on which educational institutions are 
     subject to lawsuits based on campus sexual assaults, the 
     resolution of these cases, and measures that can be taken to 
     avoid the likelihood of lawsuits and civil liability;
       (6) in conjunction with the report produced by the 
     Department of Education in coordination with institutions of 
     education under the Student Right-To-Know and Campus Security 
     Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments 
     made by that Act, an assessment of the policies and practices 
     of educational institutions that are of greatest 
     effectiveness in addressing campus sexual assaults and 
     protecting victims, including policies and practices relating 
     to the particular issues described in paragraph (5); and
       (7) any recommendations the Attorney General may have for 
     reforms to address campus sexual assaults and protect victims 
     more effectively, and any other matters that the Attorney 
     General deems relevant to the subject of the study and report 
     required by this section.
       (c) Submission of Report.--The report required by 
     subsection (b) shall be submitted to the Congress no later 
     than September 1, 1996.
       (d) Definition.--For purposes of this section, ``campus 
     sexual assaults'' includes sexual assaults occurring at 
     institutions of postsecondary education and sexual assaults 
     committed against or by students or employees of such 
     institutions.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out the study required by this 
     section--$200,000 for fiscal year 1996.

     SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.

       (a) Report.--Not less than 1 year after the date of 
     enactment of this Act, the Attorney General and the Secretary 
     of Health and Human Services shall transmit to the House 
     Committee on Energy and Commerce, the Senate Committee on 
     Labor and Human Resources, and the Committees on the 
     Judiciary of the Senate and the House of Representatives a 
     report on the medical and psychological basis of ``battered 
     women's syndrome'' and on the extent to which evidence of the 
     syndrome has been considered in criminal trials.
       (b) Components.--The report under subsection (a) shall 
     include--
       (1) medical and psychological testimony on the validity of 
     battered women's syndrome as a psychological condition;
       (2) a compilation of State, tribal, and Federal court cases 
     in which evidence of battered women's syndrome was offered in 
     criminal trials; and
       (3) an assessment by State, tribal, and Federal judges, 
     prosecutors, and defense attorneys of the effects that 
     evidence of battered women's syndrome may have in criminal 
     trials.

     SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR 
                   VICTIMS OF DOMESTIC VIOLENCE.

       (a) Report.--The Attorney General shall conduct a study of 
     the means by which abusive spouses may obtain information 
     concerning the addresses or locations of estranged or former 
     spouses, notwithstanding the desire of the victims to have 
     such information withheld to avoid further exposure to abuse. 
     Based on the study, the Attorney General shall transmit a 
     report to Congress including--
       (1) the findings of the study concerning the means by which 
     information concerning the addresses or locations of abused 
     spouses may be obtained by abusers; and
       (2) analysis of the feasibility of creating effective means 
     of protecting the confidentiality of information concerning 
     the addresses and locations of abused spouses to protect such 
     persons from exposure to further abuse while preserving 
     access to such information for legitimate purposes.
       (b) Use of Components.--The Attorney General may use the 
     National Institute of Justice and the Office for Victims of 
     Crime in carrying out this section.

     SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC 
                   VIOLENCE.

       Not later than 1 year after the date of enactment of this 
     Act, the Attorney General shall complete a study of, and 
     shall submit to Congress a report and recommendations on, 
     problems of recordkeeping of criminal complaints involving 
     domestic violence. The study and report shall examine--
       (1) the efforts that have been made by the Department of 
     Justice, including the Federal Bureau of Investigation, to 
     collect statistics on domestic violence; and
       (2) the feasibility of requiring that the relationship 
     between an offender and victim be reported in Federal records 
     of crimes of aggravated assault, rape, and other violent 
     crimes.
      Subtitle F--National Stalker and Domestic Violence Reduction

     SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL 
                   INFORMATION DATABASES.

       (a) Access and Entry.--Section 534 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(e)(1) Information from national crime information 
     databases consisting of identification records, criminal 
     history records, protection orders, and wanted person records 
     may be disseminated to civil or criminal courts for use in 
     domestic violence or stalking cases. Nothing in this 
     subsection shall be construed to permit access to such 
     records for any other purpose.
       ``(2) Federal and State criminal justice agencies 
     authorized to enter information into criminal information 
     databases may include--
       ``(A) arrests, convictions, and arrest warrants for 
     stalking or domestic violence or for violations of protection 
     orders for the protection of parties from stalking or 
     domestic violence; and
       ``(B) protection orders for the protection of persons from 
     stalking or domestic violence, provided such orders are 
     subject to periodic verification.
       ``(3) As used in this subsection--
       ``(A) the term `national crime information databases' means 
     the National Crime Information Center and its incorporated 
     criminal history databases, including the Interstate 
     Identification Index; and
       ``(B) the term `protection order' includes an injunction or 
     any other order issued for the purpose of preventing violent 
     or threatening acts or harassment against, or contact or 
     communication with or physical proximity to, another person, 
     including temporary and final orders issued by civil or 
     criminal courts (other than support or child custody orders) 
     whether obtained by filing an independent action or as a 
     pendente lite order in another proceeding so long as any 
     civil order was issued in response to a complaint, petition, 
     or motion filed by or on behalf of a person seeking 
     protection.''.
       (b) Rulemaking.--The Attorney General may make rules to 
     carry out the subsection added to section 534 of title 28, 
     United States Code, by subsection (a), after consultation 
     with the officials charged with managing the National Crime 
     Information Center and the Criminal Justice Information 
     Services Advisory Policy Board.

     SEC. 40602. GRANT PROGRAM.

       (a) In General.--The Attorney General is authorized to 
     provide grants to States and units of local government to 
     improve processes for entering data regarding stalking and 
     domestic violence into local, State, and national crime 
     information databases.
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), a State or unit of local government shall 
     certify that it has or intends to establish a program that 
     enters into the National Crime Information Center records 
     of--
       (1) warrants for the arrest of persons violating protection 
     orders intended to protect victims from stalking or domestic 
     violence;
       (2) arrests or convictions of persons violating protection 
     or domestic violence; and
       (3) protection orders for the protection of persons from 
     stalking or domestic violence.

     SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $1,500,000 for fiscal year 1996;
       (2) $1,750,000 for fiscal year 1997; and
       (3) $2,750,000 for fiscal year 1998.

     SEC. 40604. APPLICATION REQUIREMENTS.

       An application for a grant under this subtitle shall be 
     submitted in such form and manner, and contain such 
     information, as the Attorney General may prescribe. In 
     addition, applications shall include documentation showing--
       (1) the need for grant funds and that State or local 
     funding, as the case may be, does not already cover these 
     operations;
       (2) intended use of the grant funds, including a plan of 
     action to increase record input; and
       (3) an estimate of expected results from the use of the 
     grant funds.

     SEC. 40605. DISBURSEMENT.

       Not later than 90 days after the receipt of an application 
     under this subtitle, the Attorney General shall either 
     provide grant funds or shall inform the applicant why grant 
     funds are not being provided.

     SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.

       The Attorney General may provide technical assistance and 
     training in furtherance of the purposes of this subtitle, and 
     may provide for the evaluation of programs that receive funds 
     under this subtitle, in addition to any evaluation 
     requirements that the Attorney General may prescribe for 
     grantees. The technical assistance, training, and evaluations 
     authorized by this section may be carried out directly by the 
     Attorney General, or through contracts or other arrangements 
     with other entities.

     SEC. 40607. TRAINING PROGRAMS FOR JUDGES.

       The State Justice Institute, after consultation with 
     nationally recognized nonprofit organizations with expertise 
     in stalking and domestic violence cases, shall conduct 
     training programs for State (as defined in section 202 of the 
     State Justice Institute Authorization Act of 1984 (42 U.S.C. 
     10701)) and Indian tribal judges to ensure that a judge 
     issuing an order in a stalking or domestic violence case has 
     all available criminal history and other information, whether 
     from State or Federal sources.

     SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.

       The State Justice Institute, after consultation with 
     nationally recognized nonprofit associations with expertise 
     in data sharing among criminal justice agencies and 
     familiarity with the issues raised in stalking and domestic 
     violence cases, shall recommend proposals regarding how State 
     courts may increase intrastate communication between civil 
     and criminal courts.

     SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING 
                   SYSTEM.

       Not later than 2 years after the date of enactment of this 
     Act, the Attorney General, in accordance with the States, 
     shall compile data regarding domestic violence and 
     intimidation (including stalking) as part of the National 
     Incident-Based Reporting System (NIBRS).

     SEC. 40610. REPORT TO CONGRESS.

       The Attorney General shall submit to the Congress an annual 
     report, beginning one year after the date of the enactment of 
     this Act, that provides information concerning the incidence 
     of stalking and domestic violence, and evaluates the 
     effectiveness of State antistalking efforts and legislation.

     SEC. 40611. DEFINITIONS.

       As used in this subtitle--
       (1) the term ``national crime information databases'' 
     refers to the National Crime Information Center and its 
     incorporated criminal history databases, including the 
     Interstate Identification Index; and
       (2) the term ``protection order'' includes an injunction or 
     any other order issued for the purpose of preventing violent 
     or threatening acts or harassment against, or contact or 
     communication with or physical proximity to, another person, 
     including temporary and final orders issued by civil or 
     criminal courts (other than support or child custody orders) 
     whether obtained by filing an independent action or as a 
     pendente lite order in another proceeding so long as any 
     civil order was issued in response to a complaint, petition, 
     or motion filed by or on behalf of a person seeking 
     protection.
   Subtitle G--Protections for Battered Immigrant Women and Children

     SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE 
                   OR SECOND PREFERENCE STATUS.

       (a) In General.--Section 204(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
       (1) in subparagraph (A)--
       (A) by inserting ``(i)'' after ``(A)'',
       (B) by redesignating the second sentence as clause (ii), 
     and
       (C) by adding at the end the following new clauses:
       ``(iii) An alien who is the spouse of a citizen of the 
     United States, who is a person of good moral character, who 
     is eligible to be classified as an immediate relative under 
     section 201(b)(2)(A)(i), and who has resided in the United 
     States with the alien's spouse may file a petition with the 
     Attorney General under this subparagraph for classification 
     of the alien (and any child of the alien if such a child has 
     not been classified under clause (iv)) under such section if 
     the alien demonstrates to the Attorney General that--
       ``(I) the alien is residing in the United States, the 
     marriage between the alien and the spouse was entered into in 
     good faith by the alien, and during the marriage the alien or 
     a child of the alien has been battered by or has been the 
     subject of extreme cruelty perpetrated by the alien's spouse; 
     and
       ``(II) the alien is a person whose deportation, in the 
     opinion of the Attorney General, would result in extreme 
     hardship to the alien or a child of the alien.
       ``(iv) An alien who is the child of a citizen of the United 
     States, who is a person of good moral character, who is 
     eligible to be classified as an immediate relative under 
     section 201(b)(2)(A)(i), and who has resided in the United 
     States with the citizen parent may file a petition with the 
     Attorney General under this subparagraph for classification 
     of the alien under such section if the alien demonstrates to 
     the Attorney General that--
       ``(I) the alien is residing in the United States and during 
     the period of residence with the citizen parent the alien has 
     been battered by or has been the subject of extreme cruelty 
     perpetrated by the alien's citizen parent; and
       ``(II) the alien is a person whose deportation, in the 
     opinion of the Attorney General, would result in extreme 
     hardship to the alien.'';
       (2) in subparagraph (B)--
       (A) by inserting ``(i)'' after ``(B)''; and
       (B) by adding at the end the following new clauses:
       ``(ii) An alien who is the spouse of an alien lawfully 
     admitted for permanent residence, who is a person of good 
     moral character, who is eligible for classification under 
     section 203(a)(2)(A), and who has resided in the United 
     States with the alien's legal permanent resident spouse may 
     file a petition with the Attorney General under this 
     subparagraph for classification of the alien (and any child 
     of the alien if such a child has not been classified under 
     clause (iii)) under such section if the alien demonstrates to 
     the Attorney General that the conditions described in 
     subclauses (I) and (II) of subparagraph (A)(iii) are met with 
     respect to the alien.
       ``(iii) An alien who is the child of an alien lawfully 
     admitted for permanent residence, who is a person of good 
     moral character, who is eligible for classification under 
     section 203(a)(2)(A), and who has resided in the United 
     States with the alien's permanent resident alien parent may 
     file a petition with the Attorney General under this 
     subparagraph for classification of the alien under such 
     section if the alien demonstrates to the Attorney General 
     that--
       ``(I) the alien is residing in the United States and during 
     the period of residence with the permanent resident parent 
     the alien has been battered by or has been the subject of 
     extreme cruelty perpetrated by the alien's permanent resident 
     parent; and
       ``(II) the alien is a person whose deportation, in the 
     opinion of the Attorney General, would result in extreme 
     hardship to the alien.''; and
       (3) by adding at the end the following new subparagraph:
       ``(H) In acting on petitions filed under clause (iii) or 
     (iv) of subparagraph (A) or clause (ii) or (iii) of 
     subparagraph (B), the Attorney General shall consider any 
     credible evidence relevant to the petition. The determination 
     of what evidence is credible and the weight to be given that 
     evidence shall be within the sole discretion of the Attorney 
     General.''.
       (b) Conforming Amendments.--(1) Section 204(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is 
     amended--
       (A) in subparagraph (A) by striking ``filed by an alien 
     who,'' and inserting ``for the classification of the spouse 
     of an alien if the alien,''; and
       (B) in subparagraph (B) by striking ``by an alien whose 
     prior marriage'' and inserting ``for the classification of 
     the spouse of an alien if the prior marriage of the alien''.
       (2) Section 201(b)(2)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by 
     striking ``204(a)(1)(A)'' and inserting ``204(a)(1)(A)(ii)''.
       (c) Survival Rights To Petition.--Section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) is amended by 
     adding at the end the following new subsection:
       ``(h) The legal termination of a marriage may not be the 
     sole basis for revocation under section 205 of a petition 
     filed under subsection (a)(1)(A)(iii) or a petition filed 
     under subsection (a)(1)(B)(ii) pursuant to conditions 
     described in subsection (a)(1)(A)(iii)(I).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect January 1, 1995.

     SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER 
                   APPLICATIONS.

       (a) In General.--Section 216(c)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by 
     inserting after the second sentence the following: ``In 
     acting on applications under this paragraph, the Attorney 
     General shall consider any credible evidence relevant to the 
     application. The determination of what evidence is credible 
     and the weight to be given that evidence shall be within the 
     sole discretion of the Attorney General.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act and 
     shall apply to applications made before, on, or after such 
     date.

     SEC. 40703. SUSPENSION OF DEPORTATION.

       (a) Battered Spouse or Child.--Section 244(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1254(a)) is 
     amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by inserting after paragraph (2) the following:
       ``(3) is deportable under any law of the United States 
     except section 241(a)(1)(G) and the provisions specified in 
     paragraph (2); has been physically present in the United 
     States for a continuous period of not less than 3 years 
     immediately preceding the date of such application; has been 
     battered or subjected to extreme cruelty in the United States 
     by a spouse or parent who is a United States citizen or 
     lawful permanent resident (or is the parent of a child of a 
     United States citizen or lawful permanent resident and the 
     child has been battered or subjected to extreme cruelty in 
     the United States by such citizen or permanent resident 
     parent); and proves that during all of such time in the 
     United States the alien was and is a person of good moral 
     character; and is a person whose deportation would, in the 
     opinion of the Attorney General, result in extreme hardship 
     to the alien or the alien's parent or child.''.
       (b) Consideration of Evidence.--Section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254) is amended by 
     adding at the end the following new subsection:
       ``(g) In acting on applications under subsection (a)(3), 
     the Attorney General shall consider any credible evidence 
     relevant to the application. The determination of what 
     evidence is credible and the weight to be given that evidence 
     shall be within the sole discretion of the Attorney 
     General.''.
                          TITLE V--DRUG COURTS

     SEC. 50001. DRUG COURTS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
     by section 40231(a), is amended--
       (1) by redesignating part V as part W;
       (2) by redesignating section 2201 as section 2301; and
       (3) by inserting after part U the following new part:

                         ``PART V--DRUG COURTS

     ``SEC. 2201. GRANT AUTHORITY.

       ``The Attorney General may make grants to States, State 
     courts, local courts, units of local government, and Indian 
     tribal governments, acting directly or through agreements 
     with other public or private entities, for programs that 
     involve--
       ``(1) continuing judicial supervision over offenders with 
     substance abuse problems who are not violent offenders; and
       ``(2) the integrated administration of other sanctions and 
     services, which shall include--
       ``(A) mandatory periodic testing for the use of controlled 
     substances or other addictive substances during any period of 
     supervised release or probation for each participant;
       ``(B) substance abuse treatment for each participant;
       ``(C) diversion, probation, or other supervised release 
     involving the possibility of prosecution, confinement, or 
     incarceration based on noncompliance with program 
     requirements or failure to show satisfactory progress; and
       ``(D) programmatic, offender management, and aftercare 
     services such as relapse prevention, health care, education, 
     vocational training, job placement, housing placement, and 
     child care or other family support services for each 
     participant who requires such services.

     ``SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT 
                   OFFENDERS.

       ``The Attorney General shall--
       ``(1) issue regulations and guidelines to ensure that the 
     programs authorized in this part do not permit participation 
     by violent offenders; and
       ``(2) immediately suspend funding for any grant under this 
     part, pending compliance, if the Attorney General finds that 
     violent offenders are participating in any program funded 
     under this part.

     ``SEC. 2203. DEFINITION.

       ``In this part, `violent offender' means a person who--
       ``(1) is charged with or convicted of an offense, during 
     the course of which offense or conduct--
       ``(A) the person carried, possessed, or used a firearm or 
     dangerous weapon;
       ``(B) there occurred the death of or serious bodily injury 
     to any person; or
       ``(C) there occurred the use of force against the person of 
     another,

     without regard to whether any of the circumstances described 
     in subparagraph (A), (B), or (C) is an element of the offense 
     or conduct of which or for which the person is charged or 
     convicted; or
       ``(2) has one or more prior convictions for a felony crime 
     of violence involving the use or attempted use of force 
     against a person with the intent to cause death or serious 
     bodily harm.

     ``SEC. 2204. ADMINISTRATION.

       ``(a) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services and any other 
     appropriate officials in carrying out this part.
       ``(b) Use of Components.--The Attorney General may utilize 
     any component or components of the Department of Justice in 
     carrying out this part.
       ``(c) Regulatory Authority.--The Attorney General may issue 
     regulations and guidelines necessary to carry out this part.
       ``(d) Applications.--In addition to any other requirements 
     that may be specified by the Attorney General, an application 
     for a grant under this part shall--
       ``(1) include a long-term strategy and detailed 
     implementation plan;
       ``(2) explain the applicant's inability to fund the program 
     adequately without Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, Indian tribal, 
     and local sources of funding that would otherwise be 
     available;
       ``(4) identify related governmental or community 
     initiatives which complement or will be coordinated with the 
     proposal;
       ``(5) certify that there has been appropriate consultation 
     with all affected agencies and that there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program;
       ``(6) certify that participating offenders will be 
     supervised by one or more designated judges with 
     responsibility for the drug court program;
       ``(7) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support; and
       ``(8) describe the methodology that will be used in 
     evaluating the program.

     ``SEC. 2205. APPLICATIONS.

       ``To request funds under this part, the chief executive or 
     the chief justice of a State or the chief executive or chief 
     judge of a unit of local government or Indian tribal 
     government shall submit an application to the Attorney 
     General in such form and containing such information as the 
     Attorney General may reasonably require.

     ``SEC. 2206. FEDERAL SHARE.

       ``The Federal share of a grant made under this part may not 
     exceed 75 percent of the total costs of the program described 
     in the application submitted under section 2205 for the 
     fiscal year for which the program receives assistance under 
     this part, unless the Attorney General waives, wholly or in 
     part, the requirement of a matching contribution under this 
     section. In-kind contributions may constitute a portion of 
     the non-Federal share of a grant.

     ``SEC. 2207. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, an equitable geographic distribution of grant 
     awards is made.

     ``SEC. 2208. REPORT.

       ``A State, Indian tribal government, or unit of local 
     government that receives funds under this part during a 
     fiscal year shall submit to the Attorney General a report in 
     March of the following year regarding the effectiveness of 
     this part.

     ``SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

       ``(a) Technical Assistance and Training.--The Attorney 
     General may provide technical assistance and training in 
     furtherance of the purposes of this part.
       ``(b) Evaluations.--In addition to any evaluation 
     requirements that may be prescribed for grantees, the 
     Attorney General may carry out or make arrangements for 
     evaluations of programs that receive support under this part.
       ``(c) Administration.--The technical assistance, training, 
     and evaluations authorized by this section may be carried out 
     directly by the Attorney General, in collaboration with the 
     Secretary of Health and Human Services, or through grants, 
     contracts, or other cooperative arrangements with other 
     entities.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 40231(b), is 
     amended by striking the matter relating to part V and 
     inserting the following:

                         ``Part V--Drug Courts

``Sec. 2201. Grant authority.
``Sec. 2202. Prohibition of participation by violent offenders.
``Sec. 2203. Definition.
``Sec. 2204. Administration.
``Sec. 2205. Applications.
``Sec. 2206. Federal share.
``Sec. 2207. Geographic distribution.
``Sec. 2208. Report.
``Sec. 2209. Technical assistance, training, and evaluation.

              ``Part W--Transition-Effective Date-Repealer

``Sec. 2301. Continuation of rules, authorities, and proceedings.''.

       (c) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793), as amended by section 40231(c), is 
     amended--
       (1) in paragraph (3) by striking ``and U'' and inserting 
     ``U, and V''; and
       (2) by adding at the end the following new paragraph:
       ``(20) There are authorized to be appropriated to carry out 
     part V--
       ``(1) $100,000,000 for fiscal year 1995;
       ``(2) $150,000,000 for fiscal year 1996;
       ``(3) $150,000,000 for fiscal year 1997;
       ``(4) $200,000,000 for fiscal year 1998;
       ``(5) $200,000,000 for fiscal year 1999; and
       ``(6) $200,000,000 for fiscal year 2000.''.

     SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.

       (a)  In General.--The Comptroller General of the United 
     States shall study and assess the effectiveness and impact of 
     grants authorized by part V of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 as added by section 
     50001(a) and report to Congress the results of the study on 
     or before January 1, 1997.
       (b) Documents and Information.--The Attorney General and 
     grant recipients shall provide the Comptroller General with 
     all relevant documents and information that the Comptroller 
     General deems necessary to conduct the study under subsection 
     (a), including the identities and criminal records of program 
     participants.
       (c) Criteria.--In assessing the effectiveness of the grants 
     made under programs authorized by part V of the Omnibus Crime 
     Control and Safe Streets Act of 1968, the Comptroller General 
     shall consider, among other things--
       (1) recidivism rates of program participants;
       (2) completion rates among program participants;
       (3) drug use by program participants; and
       (4) the costs of the program to the criminal justice 
     system.
                        TITLE VI--DEATH PENALTY

     SEC. 60001. SHORT TITLE.

       This title may be cited as the ``Federal Death Penalty Act 
     of 1994''.

     SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF 
                   THE SENTENCE OF DEATH.

       (a) In General.--Part II of title 18, United States Code, 
     is amended by inserting after chapter 227 the following new 
     chapter:

                     ``CHAPTER 228--DEATH SENTENCE

``Sec.
``3591. Sentence of death.
``3592. Mitigating and aggravating factors to be considered in 
              determining whether a sentence of death is justified.
``3593. Special hearing to determine whether a sentence of death is 
              justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Special provisions for Indian country.

     ``Sec. 3591. Sentence of death

       ``(a) A defendant who has been found guilty of--
       ``(1) an offense described in section 794 or section 2381; 
     or
       ``(2) any other offense for which a sentence of death is 
     provided, if the defendant, as determined beyond a reasonable 
     doubt at the hearing under section 3593--
       ``(A) intentionally killed the victim;
       ``(B) intentionally inflicted serious bodily injury that 
     resulted in the death of the victim;
       ``(C) intentionally participated in an act, contemplating 
     that the life of a person would be taken or intending that 
     lethal force would be used in connection with a person, other 
     than one of the participants in the offense, and the victim 
     died as a direct result of the act; or
       ``(D) intentionally and specifically engaged in an act of 
     violence, knowing that the act created a grave risk of death 
     to a person, other than one of the participants in the 
     offense, such that participation in the act constituted a 
     reckless disregard for human life and the victim died as a 
     direct result of the act,

     shall be sentenced to death if, after consideration of the 
     factors set forth in section 3592 in the course of a hearing 
     held pursuant to section 3593, it is determined that 
     imposition of a sentence of death is justified, except that 
     no person may be sentenced to death who was less than 18 
     years of age at the time of the offense.
       ``(b) A defendant who has been found guilty of--
       ``(1) an offense referred to in section 408(c)(1) of the 
     Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
     part of a continuing criminal enterprise offense under the 
     conditions described in subsection (b) of that section which 
     involved not less than twice the quantity of controlled 
     substance described in subsection (b)(2)(A) or twice the 
     gross receipts described in subsection (b)(2)(B); or
       ``(2) an offense referred to in section 408(c)(1) of the 
     Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
     part of a continuing criminal enterprise offense under that 
     section, where the defendant is a principal administrator, 
     organizer, or leader of such an enterprise, and the 
     defendant, in order to obstruct the investigation or 
     prosecution of the enterprise or an offense involved in the 
     enterprise, attempts to kill or knowingly directs, advises, 
     authorizes, or assists another to attempt to kill any public 
     officer, juror, witness, or members of the family or 
     household of such a person,

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

     ``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 in the offense, which was committed by another, 
     but the defendant's participation was relatively minor, 
     regardless of whether the participation was so minor as to 
     constitute a defense to the charge.
       ``(4) Equally culpable defendants.--Another defendant or 
     defendants, equally culpable in the crime, will not be 
     punished by death.
       ``(5) No prior criminal record.--The defendant did not have 
     a significant prior history of other criminal conduct.
       ``(6) Disturbance.--The defendant committed the offense 
     under severe mental or emotional disturbance.
       ``(7) Victim's consent.--The victim consented to the 
     criminal conduct that resulted in the victim's death.
       ``(8) Other factors.--Other factors in the defendant's 
     background, record, or character or any other circumstance of 
     the offense that mitigate against imposition of the death 
     sentence.
       ``(b) Aggravating Factors for Espionage and Treason.--In 
     determining whether a sentence of death is justified for an 
     offense described in section 3591(a)(1), the jury, or if 
     there is no jury, the court, shall consider each of the 
     following aggravating factors for which notice has been given 
     and determine which, if any, exist:
       ``(1) Prior espionage or treason offense.--The defendant 
     has previously been convicted of another offense involving 
     espionage or treason for which a sentence of either life 
     imprisonment or death was authorized by law.
       ``(2) Grave risk to national security.--In the commission 
     of the offense the defendant knowingly created a grave risk 
     of substantial danger to the national security.
       ``(3) Grave risk of death.--In the commission of the 
     offense the defendant knowingly created a grave risk of death 
     to another person.

     The jury, or if there is no jury, the court, may consider 
     whether any other aggravating factor for which notice has 
     been given exists.
       ``(c) Aggravating Factors for Homicide.--In determining 
     whether a sentence of death is justified for an offense 
     described in section 3591(a)(2), the jury, or if there is no 
     jury, the court, shall consider each of the following 
     aggravating factors for which notice has been given and 
     determine which, if any, exist:
       ``(1) Death during commission of another crime.--The death, 
     or injury resulting in death, occurred during the commission 
     or attempted commission of, or during the immediate flight 
     from the commission of, an offense under section 32 
     (destruction of aircraft or aircraft facilities), section 33 
     (destruction of motor vehicles or motor vehicle facilities), 
     section 36 (violence at international airports), section 351 
     (violence against Members of Congress, Cabinet officers, or 
     Supreme Court Justices), an offense under section 751 
     (prisoners in custody of institution or officer), section 794 
     (gathering or delivering defense information to aid foreign 
     government), section 844(d) (transportation of explosives in 
     interstate commerce for certain purposes), section 844(f) 
     (destruction of Government property by explosives), section 
     1118 (prisoners serving life term), section 1201 (kidnaping), 
     section 844(i) (destruction of property affecting interstate 
     commerce by explosives), section 1116 (killing or attempted 
     killing of diplomats), section 1203 (hostage taking), section 
     1992 (wrecking trains), section 2280 (maritime violence), 
     section 2281 (maritime platform violence), section 2332 
     (terrorist acts abroad against United States nationals), 
     section 2339 (use of weapons of mass destruction), or section 
     2381 (treason) of this title, or section 46502 of title 49, 
     United States Code (aircraft piracy).
       ``(2) Previous conviction of violent felony involving 
     firearm.--For any offense, other than an offense for which a 
     sentence of death is sought on the basis of section 924(c), 
     the defendant has previously been convicted of a Federal or 
     State offense punishable by a term of imprisonment of more 
     than 1 year, involving the use or attempted or threatened use 
     of a firearm (as defined in section 921) against another 
     person.
       ``(3) Previous conviction of offense for which a sentence 
     of death or life imprisonment was authorized.--The defendant 
     has previously been convicted of another Federal or State 
     offense resulting in the death of a person, for which a 
     sentence of life imprisonment or a sentence of death was 
     authorized by statute.
       ``(4) Previous conviction of other serious offenses.--The 
     defendant has previously been convicted of 2 or more Federal 
     or State offenses, punishable by a term of imprisonment of 
     more than 1 year, committed on different occasions, involving 
     the infliction of, or attempted infliction of, serious bodily 
     injury or death upon another person.
       ``(5) Grave risk of death to additional persons.--The 
     defendant, in the commission of the offense, or in escaping 
     apprehension for the violation of the offense, knowingly 
     created a grave risk of death to 1 or more persons in 
     addition to the victim of the offense.
       ``(6) Heinous, cruel, or depraved manner of committing 
     offense.--The defendant committed the offense in an 
     especially heinous, cruel, or depraved manner in that it 
     involved torture or serious physical abuse to the victim.
       ``(7) Procurement of offense by payment.--The defendant 
     procured the commission of the offense by payment, or promise 
     of payment, of anything of pecuniary value.
       ``(8) Pecuniary gain.--The defendant committed the offense 
     as consideration for the receipt, or in the expectation of 
     the receipt, of anything of pecuniary value.
       ``(9) Substantial planning and premeditation.--The 
     defendant committed the offense after substantial planning 
     and premeditation to cause the death of a person or commit an 
     act of terrorism.
       ``(10) Conviction for two felony drug offenses.--The 
     defendant has previously been convicted of 2 or more State or 
     Federal offenses punishable by a term of imprisonment of more 
     than one year, committed on different occasions, involving 
     the distribution of a controlled substance.
       ``(11) Vulnerability of victim.--The victim was 
     particularly vulnerable due to old age, youth, or infirmity.
       ``(12) Conviction for serious federal drug offenses.--The 
     defendant had previously been convicted of violating title II 
     or III of the Controlled Substances Act for which a sentence 
     of 5 or more years may be imposed or had previously been 
     convicted of engaging in a continuing criminal enterprise.
       ``(13) Continuing criminal enterprise involving drug sales 
     to minors.--The defendant committed the offense in the course 
     of engaging in a continuing criminal enterprise in violation 
     of section 408(c) of the Controlled Substances Act (21 U.S.C. 
     848(c)), and that violation involved the distribution of 
     drugs to persons under the age of 21 in violation of section 
     418 of that Act (21 U.S.C. 859).
       ``(14) High public officials.--The defendant committed the 
     offense against--
       ``(A) the President of the United States, the President-
     elect, the Vice President, the Vice President-elect, the Vice 
     President-designate, or, if there is no Vice President, the 
     officer next in order of succession to the office of the 
     President of the United States, or any person who is acting 
     as President under the Constitution and laws of the United 
     States;
       ``(B) a chief of state, head of government, or the 
     political equivalent, of a foreign nation;
       ``(C) a foreign official listed in section 1116(b)(3)(A), 
     if the official is in the United States on official business; 
     or
       ``(D) a Federal public servant who is a judge, a law 
     enforcement officer, or an employee of a United States penal 
     or correctional institution--
       ``(i) while he or she is engaged in the performance of his 
     or her official duties;
       ``(ii) because of the performance of his or her official 
     duties; or
       ``(iii) because of his or her status as a public servant.

     For purposes of this subparagraph, a `law enforcement 
     officer' is a public servant authorized by law or by a 
     Government agency or Congress to conduct or engage in the 
     prevention, investigation, or prosecution or adjudication of 
     an offense, and includes those engaged in corrections, 
     parole, or probation functions.
       ``(15) Prior conviction of sexual assault or child 
     molestation.--In the case of an offense under chapter 109A 
     (sexual abuse) or chapter 110 (sexual abuse of children), the 
     defendant has previously been convicted of a crime of sexual 
     assault or crime of child molestation.

     The jury, or if there is no jury, the court, may consider 
     whether any other aggravating factor for which notice has 
     been given exists.
       ``(d) Aggravating Factors for Drug Offense Death Penalty.--
     In determining whether a sentence of death is justified for 
     an offense described in section 3591(b), the jury, or if 
     there is no jury, the court, shall consider each of the 
     following aggravating factors for which notice has been given 
     and determine which, if any, exist:
       ``(1) Previous conviction of offense for which a sentence 
     of death or life imprisonment was authorized.--The defendant 
     has previously been convicted of another Federal or State 
     offense resulting in the death of a person, for which a 
     sentence of life imprisonment or death was authorized by 
     statute.
       ``(2) Previous conviction of other serious offenses.--The 
     defendant has previously been convicted of two or more 
     Federal or State offenses, each punishable by a term of 
     imprisonment of more than one year, committed on different 
     occasions, involving the importation, manufacture, or 
     distribution of a controlled substance (as defined in section 
     102 of the Controlled Substances Act (21 U.S.C. 802)) or the 
     infliction of, or attempted infliction of, serious bodily 
     injury or death upon another person.
       ``(3) Previous serious drug felony conviction.--The 
     defendant has previously been convicted of another Federal or 
     State offense involving the manufacture, distribution, 
     importation, or possession of a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)) for which a sentence of five or more years of 
     imprisonment was authorized by statute.
       ``(4) Use of firearm.--In committing the offense, or in 
     furtherance of a continuing criminal enterprise of which the 
     offense was a part, the defendant used a firearm or knowingly 
     directed, advised, authorized, or assisted another to use a 
     firearm to threaten, intimidate, assault, or injure a person.
       ``(5) Distribution to persons under 21.--The offense, or a 
     continuing criminal enterprise of which the offense was a 
     part, involved conduct proscribed by section 418 of the 
     Controlled Substances Act (21 U.S.C. 859) which was committed 
     directly by the defendant.
       ``(6) Distribution near schools.--The offense, or a 
     continuing criminal enterprise of which the offense was a 
     part, involved conduct proscribed by section 419 of the 
     Controlled Substances Act (21 U.S.C. 860) which was committed 
     directly by the defendant.
       ``(7) Using minors in trafficking.--The offense, or a 
     continuing criminal enterprise of which the offense was a 
     part, involved conduct proscribed by section 420 of the 
     Controlled Substances Act (21 U.S.C. 861) which was committed 
     directly by the defendant.
       ``(8) Lethal adulterant.--The offense involved the 
     importation, manufacture, or distribution of a controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802)), mixed with a potentially 
     lethal adulterant, and the defendant was aware of the 
     presence of the adulterant.

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

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

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

     The factors for which notice is provided under this 
     subsection may include factors concerning the effect of the 
     offense on the victim and the victim's family, and may 
     include oral testimony, a victim impact statement that 
     identifies the victim of the offense and the extent and scope 
     of the injury and loss suffered by the victim and the 
     victim's family, and any other relevant information. The 
     court may permit the attorney for the government to amend the 
     notice upon a showing of good cause.
       ``(b) Hearing Before a Court or Jury.--If the attorney for 
     the government has filed a notice as required under 
     subsection (a) and the defendant is found guilty of or pleads 
     guilty to an offense described in section 3591, the judge who 
     presided at the trial or before whom the guilty plea was 
     entered, or another judge if that judge is unavailable, shall 
     conduct a separate sentencing hearing to determine the 
     punishment to be imposed. The hearing shall be conducted--
       ``(1) before the jury that determined the defendant's 
     guilt;
       ``(2) before a jury impaneled for the purpose of the 
     hearing if--
       ``(A) the defendant was convicted upon a plea of guilty;
       ``(B) the defendant was convicted after a trial before the 
     court sitting without a jury;
       ``(C) the jury that determined the defendant's guilt was 
     discharged for good cause; or
       ``(D) after initial imposition of a sentence under this 
     section, reconsideration of the sentence under this section 
     is necessary; or
       ``(3) before the court alone, upon the motion of the 
     defendant and with the approval of the attorney for the 
     government.

     A jury impaneled pursuant to paragraph (2) shall consist of 
     12 members, unless, at any time before the conclusion of the 
     hearing, the parties stipulate, with the approval of the 
     court, that it shall consist of a lesser number.
       ``(c) Proof of Mitigating and Aggravating Factors.--
     Notwithstanding rule 32(c) of the Federal Rules of Criminal 
     Procedure, when a defendant is found guilty or pleads guilty 
     to an offense under section 3591, no presentence report shall 
     be prepared. At the sentencing hearing, information may be 
     presented as to any matter relevant to the sentence, 
     including any mitigating or aggravating factor permitted or 
     required to be considered under section 3592. Information 
     presented may include the trial transcript and exhibits if 
     the hearing is held before a jury or judge not present during 
     the trial, or at the trial judge's discretion. The defendant 
     may present any information relevant to a mitigating factor. 
     The government may present any information relevant to an 
     aggravating factor for which notice has been provided under 
     subsection (a). Information is admissible regardless of its 
     admissibility under the rules governing admission of evidence 
     at criminal trials except that information may be excluded if 
     its probative value is outweighed by the danger of creating 
     unfair prejudice, confusing the issues, or misleading the 
     jury. The government and the defendant shall be permitted to 
     rebut any information received at the hearing, and shall be 
     given fair opportunity to present argument as to the adequacy 
     of the information to establish the existence of any 
     aggravating or mitigating factor, and as to the 
     appropriateness in the case of imposing a sentence of death. 
     The government shall open the argument. The defendant shall 
     be permitted to reply. The government shall then be permitted 
     to reply in rebuttal. The burden of establishing the 
     existence of any aggravating factor is on the government, and 
     is not satisfied unless the existence of such a factor is 
     established beyond a reasonable doubt. The burden of 
     establishing the existence of any mitigating factor is on the 
     defendant, and is not satisfied unless the existence of such 
     a factor is established by a preponderance of the 
     information.
       ``(d) Return of Special Findings.--The jury, or if there is 
     no jury, the court, shall consider all the information 
     received during the hearing. It shall return special findings 
     identifying any aggravating factor or factors set forth in 
     section 3592 found to exist and any other aggravating factor 
     for which notice has been provided under subsection (a) found 
     to exist. A finding with respect to a mitigating factor may 
     be made by 1 or more members of the jury, and any member of 
     the jury who finds the existence of a mitigating factor may 
     consider such factor established for purposes of this section 
     regardless of the number of jurors who concur that the factor 
     has been established. A finding with respect to any 
     aggravating factor must be unanimous. If no aggravating 
     factor set forth in section 3592 is found to exist, the court 
     shall impose a sentence other than death authorized by law.
       ``(e) Return of a Finding Concerning a Sentence of Death.--
     If, in the case of--
       ``(1) an offense described in section 3591(a)(1), an 
     aggravating factor required to be considered under section 
     3592(b) is found to exist;
       ``(2) an offense described in section 3591(a)(2), an 
     aggravating factor required to be considered under section 
     3592(c) is found to exist; or
       ``(3) an offense described in section 3591(b), an 
     aggravating factor required to be considered under section 
     3592(d) is found to exist,

     the jury, or if there is no jury, the court, shall consider 
     whether all the aggravating factor or factors found to exist 
     sufficiently outweigh all the mitigating factor or factors 
     found to exist to justify a sentence of death, or, in the 
     absence of a mitigating factor, whether the aggravating 
     factor or factors alone are sufficient to justify a sentence 
     of death. Based upon this consideration, the jury by 
     unanimous vote, or if there is no jury, the court, shall 
     recommend whether the defendant should be sentenced to death, 
     to life imprisonment without possibility of release or some 
     other lesser sentence.
       ``(f) Special Precaution To Ensure Against 
     Discrimination.--In a hearing held before a jury, the court, 
     prior to the return of a finding under subsection (e), shall 
     instruct the jury that, in considering whether a sentence of 
     death is justified, it shall not consider the race, color, 
     religious beliefs, national origin, or sex of the defendant 
     or of any victim and that the jury is not to recommend a 
     sentence of death unless it has concluded that it would 
     recommend a sentence of death for the crime in question no 
     matter what the race, color, religious beliefs, national 
     origin, or sex of the defendant or of any victim may be. The 
     jury, upon return of a finding under subsection (e), shall 
     also return to the court a certificate, signed by each juror, 
     that consideration of the race, color, religious beliefs, 
     national origin, or sex of the defendant or any victim was 
     not involved in reaching his or her individual decision and 
     that the individual juror would have made the same 
     recommendation regarding a sentence for the crime in question 
     no matter what the race, color, religious beliefs, national 
     origin, or sex of the defendant or any victim may be.

     ``Sec. 3594. Imposition of a sentence of death

       ``Upon a recommendation under section 3593(e) that the 
     defendant should be sentenced to death or life imprisonment 
     without possibility of release, the court shall sentence the 
     defendant accordingly. Otherwise, the court shall impose any 
     lesser sentence that is authorized by law. Notwithstanding 
     any other 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. 
     The court of appeals shall not reverse or vacate a sentence 
     of death on account of any error which can be harmless, 
     including any erroneous special finding of an aggravating 
     factor, where the Government establishes beyond a reasonable 
     doubt that the error was harmless.
       ``(3) The court of appeals shall state in writing the 
     reasons for its disposition of an appeal of a sentence of 
     death under this section.

     ``Sec. 3596. Implementation of a sentence of death

       ``(a) In General.--A person who has been sentenced to death 
     pursuant to this chapter shall be committed to the custody of 
     the Attorney General until exhaustion of the procedures for 
     appeal of the judgment of conviction and for review of the 
     sentence. When the sentence is to be implemented, the 
     Attorney General shall release the person sentenced to death 
     to the custody of a United States marshal, who shall 
     supervise implementation of the sentence in the manner 
     prescribed by the law of the State in which the sentence is 
     imposed. If the law of the State does not provide for 
     implementation of a sentence of death, the court shall 
     designate another State, the law of which does provide for 
     the implementation of a sentence of death, and the sentence 
     shall be implemented in the latter State in the manner 
     prescribed by such law.
       ``(b) Pregnant Woman.--A sentence of death shall not be 
     carried out upon a woman while she is pregnant.
       ``(c) Mental Capacity.--A sentence of death shall not be 
     carried out upon a person who is mentally retarded. A 
     sentence of death shall not be carried out upon a person who, 
     as a result of mental disability, lacks the mental capacity 
     to understand the death penalty and why it was imposed on 
     that person.

     ``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. In this subsection, `participation in executions' 
     includes personal preparation of the condemned individual and 
     the apparatus used for execution and supervision of the 
     activities of other personnel in carrying out such 
     activities.

     ``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 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) Technical Amendment.--The part analysis for part II of 
     title 18, United States Code, is amended by inserting after 
     the item relating to chapter 227 the following new item:

``228. Death sentence.......................................3591''.....

     SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS 
                   AUTHORIZED.

       (a) Conforming Changes in Title 18.--Title 18, United 
     States Code, is amended as follows:
       (1) Aircraft and motor vehicles.--Section 34 of title 18, 
     United States Code, is amended by striking the comma after 
     ``imprisonment for life'', inserting a period, and striking 
     the remainder of the section.
       (2) Espionage.--Section 794(a) of title 18, United States 
     Code, is amended by striking the period at the end of the 
     section 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.''.
       (3) 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''.
       (4) 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;''.
       (5) Killing of foreign official.--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''.
       (6) 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''.
       (7) 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.
       (8) 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'', inserting a period, and striking the remainder of the 
     section.
       (9) 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''.
       (10) 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''.
       (11) Murder for hire.--Section 1958 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 not more than 
     $250,000, or both''.
       (12) 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 
     of not more than $250,000, or both; and for kidnapping, by 
     imprisonment for any term of years or for life, or a fine of 
     not more than $250,000, or both;''.
       (13) Genocide.--Section 1091(b)(1) of title 18, United 
     States Code, is amended by striking ``a fine of not more than 
     $1,000,000 or imprisonment for life,'' and inserting ``, 
     where death results, by death or imprisonment for life and a 
     fine of not more than $1,000,000, or both;''.
       (14) Carjacking.--Section 2119(3) of title 18, United 
     States Code, is amended by striking the period after ``both'' 
     and inserting ``, or sentenced to death.''; and by striking 
     ``, possessing a firearm as defined in section 921 of this 
     title,'' and inserting ``, with the intent to cause death or 
     serious bodily harm''.
       (b) Conforming Amendment to Federal Aviation Act of 1954.--
     Chapter 465 of title 49, United States Code, is amended--
       (1) in the chapter analysis by striking ``Death penalty 
     sentencing procedure for aircraft piracy'' and inserting 
     ``Repealed''; and
       (2) by striking section 46503.

     SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY 
                   JUSTICE.

       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. 60005. 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 new 
     section:

     ``Sec. 1118. Murder by a Federal prisoner

       ``(a) Offense.--A person who, 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.--In this section--
       ```Federal correctional institution' means any Federal 
     prison, Federal correctional facility, Federal community 
     program center, or Federal halfway house.
       ```murder' means a first degree or second degree murder (as 
     defined in section 1111).
       ```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.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     51 of title 18, United States Code, is amended by adding at 
     the end the following new item:
``1118. Murder by a Federal prisoner.''.

     SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

       (a) 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.''.
       (b) 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.''.
       (c) 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''.
       (d) 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. 60007. 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, as provided under section 1111, or, in the case of 
     manslaughter, as provided under section 1112.''.

     SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS 
                   TO FURTHER DRUG CONSPIRACIES.

       (a) Short Title.--This section may be cited as the ``Drive-
     By Shooting Prevention Act of 1994''.
       (b) In General.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 36. Drive-by shooting

       ``(a) Definition.--In this section, `major drug offense' 
     means--
       ``(1) a continuing criminal enterprise punishable under 
     section 403(c) of the Controlled Substances Act (21 U.S.C. 
     848(c));
       ``(2) a conspiracy to distribute controlled substances 
     punishable under section 406 of the Controlled Substances Act 
     (21 U.S.C. 846) section 1013 of the Controlled Substances 
     Import and Export Control Act (21 U.S.C. 963); or
       ``(3) an offense involving major quantities of drugs and 
     punishable under section 401(b)(1)(A) of the Controlled 
     Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) 
     of the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(1)).
       ``(b) Offense and Penalties.--(1) A person who, in 
     furtherance or to escape detection of a major drug offense 
     and with the intent to intimidate, harass, injure, or maim, 
     fires a weapon into a group of two or more persons and who, 
     in the course of such conduct, causes grave risk to any human 
     life shall be punished by a term of no more than 25 years, by 
     fine under this title, or both.
       ``(2) A person who, in furtherance or to escape detection 
     of a major drug offense and with the intent to intimidate, 
     harass, injure, or maim, fires a weapon into a group of 2 or 
     more persons and who, in the course of such conduct, kills 
     any person shall, if the killing--
       ``(A) is a first degree murder (as defined in section 
     1111(a)), be punished by death or imprisonment for any term 
     of years or for life, fined under this title, or both; or
       ``(B) is a murder other than a first degree murder (as 
     defined in section 1111(a)), be fined under this title, 
     imprisoned for any term of years or for life, or both.''.
       (c) Technical Amendment.--The chapter analysis for chapter 
     2 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``36. Drive-by shooting.''.

     SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.

       (a) In General.--Chapter 51 of title 18, United States 
     Code, as amended by section 60005(a), is amended by adding at 
     the end the following new section:

     ``Sec. 1119. Foreign murder of United States nationals

       ``(a) Definition.--In this section, `national of the United 
     States' has the meaning stated in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
       ``(b) Offense.--A person who, 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.
       ``(c) Limitations on Prosecution.--(1) 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.
       ``(2) 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 
     paragraph is not subject to judicial review.''.
       (b) Technical Amendments.--(1) Section 1117 of title 18, 
     United States Code, is amended by striking ``or 1116'' and 
     inserting ``1116, or 1119''.
       (2) The chapter analysis for chapter 51 of title 18, United 
     States Code, as amended by section 60005(a), is amended by 
     adding at the end the following new item:

``1119. Foreign murder of United States nationals.''.

     SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION 
                   MURDERS.

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

     ``Sec. 2245. Sexual abuse resulting in death

       ``A person who, 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.''.
       (b) Technical Amendments.--The chapter analysis for chapter 
     109A of title 18, United States Code, is amended by striking 
     the item for section 2245 and inserting the following:

``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.

     SEC. 60011. 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.''.

     SEC. 60012. MURDER BY ESCAPED PRISONERS.

       (a) In General.--Chapter 51 of title 18, United States 
     Code, as amended by section 60009(a), is amended by adding at 
     the end the following new section:

     ``Sec. 1120. Murder by escaped prisoners

       ``(a) Definition.--In this section, `Federal prison' and 
     `term of life imprisonment' have the meanings stated in 
     section 1118.
       ``(b) Offense and Penalty.--A person, having escaped from a 
     Federal prison where the person was confined under a sentence 
     for a term of life imprisonment, kills another shall be 
     punished as provided in sections 1111 and 1112.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     51 of title 18, United States Code, as amended by section 
     60009(b)(2), is amended by adding at the end the following 
     new item:

``1120. Murder by escaped prisoners.''.

     SEC. 60013. 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 new subsection:
       ``(i) A person who, in the course of a violation of 
     subsection (c), 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), 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), be punished as provided in that section.''.

     SEC. 60014. 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), and (f) as 
     subsections (d), (e), (f), and (g), respectively;
       (2) in subsection (a) by striking ``(c)'' and inserting 
     ``(d)''; and
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) A person who 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.''.

     SEC. 60015. 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, as amended by section 60012(a), is amended by adding at 
     the end the following new section:

     ``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, 
     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) 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) Technical Amendment.--The chapter analysis for chapter 
     51 of title 18, United States Code, as amended by section 
     60012(b), is amended by adding at the end the following new 
     item:

``1121. Killing persons aiding Federal investigations or State 
              correctional officers.''.

     SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.

       Section 1503 of title 18, United States Code, is amended--
       (1) by inserting ``(a)'' before ``Whoever'';
       (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 new subsection:
       ``(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;
       ``(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 20 years, a fine under this title, or both; and
       ``(3) in any other case, imprisonment for not more than 10 
     years, a fine under this title, or both.''; and
       (4) in subsection (a), as designated by paragraph (1), by 
     striking ``commissioner'' each place it appears and inserting 
     ``magistrate judge''.

     SEC. 60017. 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 the following 
     new subsection:
       ``(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) providing to a law enforcement officer 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,

     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; and
       ``(B) in the case of an attempt, imprisonment for not more 
     than 20 years.''.

     SEC. 60018. 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), 
     the death penalty or imprisonment for life, and in the case 
     of any other killing, the punishment provided in section 
     1112;''.

     SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION 
                   OR FIXED PLATFORMS.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding at the end the following new 
     sections:

     ``Sec. 2280. Violence against maritime navigation

       ``(a) Offenses.--
       ``(1) In general.--A person who unlawfully and 
     intentionally--
       ``(A) seizes or exercises control over a ship by force or 
     threat thereof or any other form of intimidation;
       ``(B) 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;
       ``(C) destroys a ship or causes damage to a ship or to its 
     cargo which is likely to endanger the safe navigation of that 
     ship;
       ``(D) 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;
       ``(E) 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;
       ``(F) 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;
       ``(G) injures or kills any person in connection with the 
     commission or the attempted commission of any of the offenses 
     set forth in subparagraphs (A) through (F); or
       ``(H) attempts to do any act prohibited under subparagraphs 
     (A) through (G),

     shall be fined under this title, imprisoned not more than 20 
     years, or both; and if the death of any person results from 
     conduct prohibited by this paragraph, shall be punished by 
     death or imprisoned for any term of years or for life.
       ``(2) Threat to navigation.--A person who threatens to do 
     any act prohibited under paragraph (1) (B), (C) or (E), 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, imprisoned not more than 5 years, or both.
       ``(b) Jurisdiction.--There is jurisdiction over the 
     activity prohibited in subsection (a)--
       ``(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.
       ``(c) Bar To Prosecution.--It is a bar to Federal 
     prosecution under subsection (a) for conduct that occurred 
     within the United States that the conduct involved was during 
     or in relation to a labor dispute, and such conduct is 
     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, as amended (29 U.S.C. 113(c)).
       ``(d) Delivery of Suspected Offender.--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.
       ``(e) Definitions.--In this section--
       ```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.
       ```national of the United States' has the meaning stated in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ```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.
       ```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 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.
       ```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) Offenses.--
       ``(1) In general.--A person who unlawfully and 
     intentionally--
       ``(A) seizes or exercises control over a fixed platform by 
     force or threat thereof or any other form of intimidation;
       ``(B) performs an act of violence against a person on board 
     a fixed platform if that act is likely to endanger its 
     safety;
       ``(C) destroys a fixed platform or causes damage to it 
     which is likely to endanger its safety;
       ``(D) 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;
       ``(E) injures or kills any person in connection with the 
     commission or the attempted commission of any of the offenses 
     set forth in subparagraphs (A) through (D); or
       ``(F) attempts to do anything prohibited under 
     subparagraphs (A) through (E),

     shall be fined under this title, imprisoned not more than 20 
     years, or both; and if death results to any person from 
     conduct prohibited by this paragraph, shall be punished by 
     death or imprisoned for any term of years or for life.
       ``(2) Threat to safety.--A person who threatens to do 
     anything prohibited under paragraph (1) (B) or (C), 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, imprisoned not more than 5 years, or both.
       ``(b) Jurisdiction.--There is jurisdiction over the 
     activity prohibited in subsection (a) 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.
       ``(c) Bar To Prosecution.--It is a bar to Federal 
     prosecution under subsection (a) for conduct that occurred 
     within the United States that the conduct involved was during 
     or in relation to a labor dispute, and such conduct is 
     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, as amended (29 U.S.C. 113(c)).
       ``(d) Definitions.--In this section--
       ```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.
       ```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.
       ```national of the United States' has the meaning stated in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ```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.
       ```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) Technical Amendment.--The chapter analysis for chapter 
     111 of title 18, United States Code, is amended by adding at 
     the end the following new items:

     ``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. 60020. TORTURE.

       Section 2340A(a) of title 18, United States Code, is 
     amended by inserting ``punished by death or'' before 
     ``imprisoned for any term of years or for life.''.

     SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL 
                   AVIATION.

       (a) Offense.--Chapter 2 of title 18, United States Code, as 
     amended by section 60008(b), is amended by adding at the end 
     the following new section:

     ``Sec. 37. Violence at international airports

       ``(a) Offense.--A person who 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 that 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, imprisoned not more than 20 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) Jurisdiction.--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 the 
     United States and the offender is later found in the United 
     States.
       ``(c) It is a bar to Federal persecution under subsection 
     (a) for conduct that occurred within the United States that 
     the conduct involved was during or in relation to a labor 
     dispute, and such conduct is 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, as amended 
     (29 U.S.C. 113(c)).
       (b) Technical Amendment.--The chapter analysis for chapter 
     2 of title 18, United States Code, as amended by section 
     60008(c), is amended by adding at the end the following new 
     item:

``37. Violence at international airports.''.

       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the later of--
       (1) the date of enactment of this Act; or
       (2) the date on which 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. 60022. TERRORIST DEATH PENALTY ACT.

       Section 2332(a)(1) of title 18, United States Code is 
     amended to read as follows:
       ``(1) if the killing is murder (as defined in section 
     1111(a)), be fined under this title, punished by death or 
     imprisonment for any term of years or for life, or both;''.

     SEC. 60023. 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) Offense.--A person who 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) Definitions.--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) Technical Amendment.--The chapter analysis for 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. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

       Section 274(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1) Any person'' and inserting ``(1)(A) 
     Any person'';
       (B) by striking ``(A) knowing'' and inserting ``(i) 
     knowing'';
       (C) by striking ``(B) knowing'' and inserting ``(ii) 
     knowing'';
       (D) by striking ``(C) knowing'' and inserting ``(iii) 
     knowing'';
       (E) by striking ``(D) encourages'' and inserting ``(iv) 
     encourages'';
       (F) by striking ``shall be fined in accordance with title 
     18, or imprisoned not more than five years, or both, for each 
     alien in respect to whom any violation of this paragraph 
     occurs'' and inserting ``shall be punished as provided in 
     subparagraph (B)''; and
       (G) by adding at the end the following new subparagraph:
       ``(B) A person who violates subparagraph (A) shall, for 
     each alien in respect to whom such a violation occurs--
       ``(i) in the case of a violation of subparagraph (A)(i), be 
     fined under title 18, United States Code, imprisoned not more 
     than 10 years, or both;
       ``(ii) in the case of a violation of subparagraph (A) (ii), 
     (iii), or (iv), be fined under title 18, United States Code, 
     imprisoned not more than 5 years, or both;
       ``(iii) in the case of a violation of subparagraph (A) (i), 
     (ii), (iii), or (iv) during and in relation to which the 
     person causes serious bodily injury (as defined in section 
     1365 of title 18, United States Code) to, or places in 
     jeopardy the life of, any person, be fined under title 18, 
     United States Code, imprisoned not more than 20 years, or 
     both; and
       ``(iv) in the case of a violation of subparagraph (A) (i), 
     (ii), (iii), or (iv) resulting in the death of any person, be 
     punished by death or imprisoned for any term of years or for 
     life, fined under title 18, United States Code, or both.''; 
     and
       (2) in paragraph (2) by striking ``or imprisoned not more 
     than five years, or both'' and inserting ``or in the case of 
     a violation of subparagraph (B)(ii), imprisoned not more than 
     10 years, or both; or in the case of a violation of 
     subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 
     years, or both.''.

     SEC. 60025. 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. 60026. APPOINTMENT OF COUNSEL.

       Section 3005 of title 18, United States Code, is amended by 
     striking ``learned in the law'' and all that follows through 
     ``He shall'' and inserting ``; and the court before which the 
     defendant is to be tried, or a judge thereof, shall promptly, 
     upon the defendant's request, assign 2 such counsel, of whom 
     at least 1 shall be learned in the law applicable to capital 
     cases, and who shall have free access to the accused at all 
     reasonable hours. In assigning counsel under this section, 
     the court shall consider the recommendation of the Federal 
     Public Defender organization, or, if no such organization 
     exists in the district, of the Administrative Office of the 
     United States Courts. The defendant shall''.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN 
                                FELONIES

     SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED 
                   OF CERTAIN FELONIES.

       Section 3559 of title 18, United States Code, is amended--
       (1) in subsection (b), by striking ``An'' and inserting 
     ``Except as provided in subsection (c), an'' in lieu thereof; 
     and
       (2) by adding the following new subsection at the end:
       ``(c) Imprisonment of Certain Violent Felons.--
       ``(1) Mandatory life imprisonment.--Notwithstanding any 
     other provision of law, a person who is convicted in a court 
     of the United States of a serious violent felony shall be 
     sentenced to life imprisonment if--
       ``(A) the person has been convicted (and those convictions 
     have become final) on separate prior occasions in a court of 
     the United States or of a State of--
       ``(i) 2 or more serious violent felonies; or
       ``(ii) one or more serious violent felonies and one or more 
     serious drug offenses; and
       ``(B) each serious violent felony or serious drug offense 
     used as a basis for sentencing under this subsection, other 
     than the first, was committed after the defendant's 
     conviction of the preceding serious violent felony or serious 
     drug offense.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) the term `assault with intent to commit rape' means 
     an offense that has as its elements engaging in physical 
     contact with another person or using or brandishing a weapon 
     against another person with intent to commit aggravated 
     sexual abuse or sexual abuse (as described in sections 2241 
     and 2242);
       ``(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), 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); manslaughter other than involuntary 
     manslaughter (as described in section 1112); assault with 
     intent to commit murder (as described in section 113(a)); 
     assault with intent to commit rape; aggravated sexual abuse 
     and sexual abuse (as described in sections 2241 and 2242); 
     abusive sexual contact (as described in sections 2244 (a)(1) 
     and (a)(2)); kidnapping; aircraft piracy (as described in 
     section 46502 of Title 49); robbery (as described in section 
     2111, 2113, or 2118); carjacking (as described in section 
     2119); extortion; arson; firearms use; or attempt, 
     conspiracy, or solicitation to commit any of the above 
     offenses; and
       ``(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, and a commonwealth, territory, or 
     possession of the United States; and
       ``(H) the term `serious drug offense' means--
       ``(i) an offense that is punishable under section 
     401(b)(1)(A) or 408 of the Controlled Substances Act (21 
     U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(1)(A)); or
       ``(ii) an offense under State law that, had the offense 
     been prosecuted in a court of the United States, would have 
     been punishable under section 401(b)(1)(A) or 408 of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or 
     section 1010(b)(1)(A) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 960(b)(1)(A)).
       ``(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) 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 or serious 
     drug offense that 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. 70002. 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), 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);''.
  TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN 
                                 CASES

     SEC. 80001. 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 new 
     subsection:
       ``(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 (21 U.S.C. 841, 844, 846) or 
     section 1010 or 1013 of the Controlled Substances Import and 
     Export Act (21 U.S.C. 961, 963), the court shall impose a 
     sentence pursuant to guidelines promulgated by the United 
     States Sentencing Commission under section 994 of title 28 
     without regard to any statutory minimum sentence, if the 
     court finds at sentencing, after the Government has been 
     afforded the opportunity to make a recommendation, that--
       ``(1) the defendant does not have more than 1 criminal 
     history point, as determined under the sentencing guidelines;
       ``(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 in the offense, as determined under 
     the sentencing guidelines and was not engaged in a continuing 
     criminal enterprise, as defined in 21 U.S.C. 848; and
       ``(5) not later than the time of the sentencing hearing, 
     the defendant has truthfully provided to the Government all 
     information and evidence the defendant has concerning the 
     offense or offenses that were part of the same course of 
     conduct or of a common scheme or plan, but the fact that the 
     defendant has no relevant or useful other information to 
     provide or that the Government is already aware of the 
     information shall not preclude a determination by the court 
     that the defendant has complied with this requirement.
       (b) Sentencing Commission Authority.--
       (1) In general.--(A) The United States Sentencing 
     Commission (referred to in this subsection as the 
     ``Commission''), under section 994(a)(1) and (p) of title 
     28--
       (i) shall promulgate guidelines, or amendments to 
     guidelines, to carry out the purposes of this section and the 
     amendment made by this section; and
       (ii) may promulgate policy statements, or amendments to 
     policy statements, to assist in the application of this 
     section and that amendment.
       (B) In the case of a defendant for whom the statutorily 
     required minimum sentence is 5 years, such guidelines and 
     amendments to guidelines issued under subparagraph (A) shall 
     call for a guideline range in which the lowest term of 
     imprisonment is at least 24 months.
       (2) Procedures.--If the Commission determines that 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 enactment of 
     this Act.
                         TITLE IX--DRUG CONTROL
         Subtitle A--Enhanced Penalties and General Provisions

     SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN 
                   PRISONS.

       Section 1791 of title 18, United States Code, is amended--
       (1) in subsection (c), by inserting before ``Any'' the 
     following new sentence: ``Any punishment imposed under 
     subsection (b) for a violation of this section involving a 
     controlled substance shall be consecutive to any other 
     sentence imposed by any court for an offense involving such a 
     controlled substance.'';
       (2) in subsection (d)(1)(A), by inserting after ``a firearm 
     or destructive device'' the following: ``or a controlled 
     substance in schedule I or II, other than marijuana or a 
     controlled substance referred to in subparagraph (C) of this 
     subsection'';
       (3) in subsection (d)(1)(B), by inserting before 
     ``ammunition,'' the following: ``marijuana or a controlled 
     substance in schedule III, other than a controlled substance 
     referred to in subparagraph (C) of this subsection,'';
       (4) in subsection (d)(1)(C), by inserting 
     ``methamphetamine, its salts, isomers, and salts of its 
     isomers,'' after ``a narcotic drug,'';
       (5) in subsection (d)(1)(D), by inserting ``(A), (B), or'' 
     before ``(C)''; and
       (6) in subsection (b), by striking ``(c)'' each place it 
     appears and inserting ``(d)''.

     SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN ``DRUG-
                   FREE'' ZONES.

       Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall amend its sentencing guidelines to provide an 
     appropriate enhancement for a defendant convicted of 
     violating section 419 of the Controlled Substances Act (21 
     U.S.C. 860).

     SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN 
                   FEDERAL PRISONS AND FOR SMUGGLING DRUGS INTO 
                   FEDERAL PRISONS.

       (a) Declaration of Policy.--It is the policy of the Federal 
     Government that the use or distribution of illegal drugs in 
     the Nation's Federal prisons will not be tolerated and that 
     such crimes shall be prosecuted to the fullest extent of the 
     law.
       (b) Sentencing Guidelines.--Pursuant to its authority under 
     section 994 of title 28, United States Code, the United 
     States Sentencing Commission shall amend its sentencing 
     guidelines to appropriately enhance the penalty for a person 
     convicted of an offense--
       (1) under section 404 of the Controlled Substances Act 
     involving simple possession of a controlled substance within 
     a Federal prison or other Federal detention facility; or
       (2) under section 401(b) of the Controlled Substances Act 
     involving the smuggling of a controlled substance into a 
     Federal prison or other Federal detention facility or the 
     distribution or intended distribution of a controlled 
     substance within a Federal prison or other Federal detention 
     facility.
       (c) No Probation.--Notwithstanding any other law, the court 
     shall not sentence a person convicted of an offense described 
     in subsection (b) to probation.

     SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS 
                   DRUGS UNDER RICO.

       Section 1961(1) of title 18, United States Code, is amended 
     by striking ``narcotic or other dangerous drugs'' each place 
     it appears and inserting ``a controlled substance or listed 
     chemical (as defined in section 102 of the Controlled 
     Substances Act)''.

     SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY 
                   PROVISIONS OF THE CONTROLLED SUBSTANCES ACT AND 
                   THE CONTROLLED SUBSTANCES IMPORT AND EXPORT 
                   ACT.

       (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled 
     Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and 
     sections 1010(b) (1), (2), and (3) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 960(b) (1), (2), 
     and (3)) are each amended in the sentence or sentences 
     beginning ``If any person commits'' by striking ``one or more 
     prior convictions'' through ``have become final'' and 
     inserting ``a prior conviction for a felony drug offense has 
     become final''.
       (b) Section 1012(b) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 962(b)) is amended by striking ``one or 
     more prior convictions of him for a felony under any 
     provision of this title or title II or other law of a State, 
     the United States, or a foreign country relating to narcotic 
     drugs, marihuana, or depressant or stimulant drugs, have 
     become final'' and inserting ``one or more prior convictions 
     of such person for a felony drug offense have become final''.
       (c) Section 401(b)(1)(A) of the Controlled Substances Act 
     (21 U.S.C. 841(b)(1)(A)) is amended by striking the sentence 
     beginning ``For purposes of this subparagraph, the term 
     `felony drug offense' means''.
       (d) Section 102 of the Controlled Substances Act (21 U.S.C. 
     802) is amended by adding at the end the following new 
     paragraph:
       ``(43) The term `felony drug offense' means an offense that 
     is punishable by imprisonment for more than one year under 
     any law of the United States or of a State or foreign country 
     that prohibits or restricts conduct relating to narcotic 
     drugs, marihuana, or depressant or stimulant substances.''.

     SEC. 90106. ADVERTISING.

       Section 403 of the Controlled Substances Act (21 U.S.C. 
     843) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) It shall be unlawful for any person to place in any 
     newspaper, magazine, handbill, or other publications, any 
     written advertisement knowing that it has the purpose of 
     seeking or offering illegally to receive, buy, or distribute 
     a Schedule I controlled substance. As used in this section 
     the term `advertisement' includes, in addition to its 
     ordinary meaning, such advertisements as those for a catalog 
     of Schedule I controlled substances and any similar written 
     advertisement that has the purpose of seeking or offering 
     illegally to receive, buy, or distribute a Schedule I 
     controlled substance. The term `advertisement' does not 
     include material which merely advocates the use of a similar 
     material, which advocates a position or practice, and does 
     not attempt to propose or facilitate an actual transaction in 
     a Schedule I controlled substance.''.

     SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.

       (a) Definitions.--In this section--
       ``major violent crime or drug-related emergency'' means an 
     occasion or instance in which violent crime, drug smuggling, 
     drug trafficking, or drug abuse violence reaches such levels, 
     as determined by the President, that Federal assistance is 
     needed to supplement State and local efforts and capabilities 
     to save lives, and to protect property and public health and 
     safety.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, American Samoa, Guam, and the Northern Mariana 
     Islands.
       (b) Declaration of Violent Crime and Drug Emergency 
     Areas.--If a major violent crime or drug-related emergency 
     exists throughout a State or a part of a State, the President 
     may declare the State or part of a State to be a violent 
     crime or drug emergency area and may take appropriate actions 
     authorized by this section.
       (c) Procedure.--
       (1) In general.--A request for a declaration designating an 
     area to be a violent crime or drug emergency area shall be 
     made, in writing, by the chief executive officer of a State 
     or local government, respectively (or in the case of the 
     District of Columbia, the mayor), and shall be forwarded to 
     the Attorney General in such form as the Attorney General may 
     by regulation require. One or more cities, counties, States, 
     or the District of Columbia may submit a joint request for 
     designation as a major violent crime or drug emergency area 
     under this subsection.
       (2) Finding.--A request made under paragraph (1) shall be 
     based on a written finding that the major violent crime or 
     drug-related emergency is of such severity and magnitude that 
     Federal assistance is necessary to ensure an effective 
     response to save lives and to protect property and public 
     health and safety.
       (d) Irrelevancy of Population density.--The President shall 
     not limit declarations made under this section to highly 
     populated centers of violent crime or drug trafficking, drug 
     smuggling, or drug use, but shall also consider applications 
     from governments of less populated areas where the magnitude 
     and severity of such activities is beyond the capability of 
     the State or local government to respond.
       (e) Requirements.--As part of a request for a declaration 
     under this section, and as a prerequisite to Federal violent 
     crime or drug emergency assistance under this section, the 
     chief executive officer of a State or local government 
     shall--
       (1) take appropriate action under State or local law and 
     furnish information on the nature and amount of State and 
     local resources that have been or will be committed to 
     alleviating the major violent crime- or drug-related 
     emergency;
       (2) submit a detailed plan outlining that government's 
     short- and long-term plans to respond to the violent crime or 
     drug emergency, specifying the types and levels of Federal 
     assistance requested and including explicit goals (including 
     quantitative goals) and timetables; and
       (3) specify how Federal assistance provided under this 
     section is intended to achieve those goals.
       (f) Review Period.--The Attorney General shall review a 
     request submitted pursuant to this section, and the President 
     shall decide whether to declare a violent crime or drug 
     emergency area, within 30 days after receiving the request.
       (g)  Federal Assistance.--The President may--
       (1) direct any Federal agency, with or without 
     reimbursement, to utilize its authorities and the resources 
     granted to it under Federal law (including personnel, 
     equipment, supplies, facilities, financial assistance, and 
     managerial, technical, and advisory services) in support of 
     State and local assistance efforts; and
       (2) provide technical and advisory assistance, including 
     communications support and law enforcement-related 
     intelligence information.
       (h) Duration of Federal Assistance.--
       (1) In general.--Federal assistance under this section 
     shall not be provided to a violent crime or drug emergency 
     area for more than 1 year.
       (2) Extension.--The chief executive officer of a 
     jurisdiction may apply to the President for an extension of 
     assistance beyond 1 year. The President may extend the 
     provision of Federal assistance for not more than an 
     additional 180 days.
       (i) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Attorney General shall issue 
     regulations to implement this section.
       (j) No Effect on Existing Authority.--Nothing in this 
     section shall diminish or detract from existing authority 
     possessed by the President or Attorney General.
        Subtitle B--NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS

     SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.

       (a) Program Budget.--Section 1003(c) of the National 
     Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is 
     amended--
       (1) by redesignating paragraphs (5), (6), and (7), as 
     paragraphs (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) The Director shall request the head of a department 
     or agency to include in the department's or agency's budget 
     submission to the Office of Management and Budget funding 
     requests for specific initiatives that are consistent with 
     the President's priorities for the National Drug Control 
     Strategy and certifications made pursuant to paragraph (3), 
     and the head of the department or agency shall comply with 
     such a request.''.
       (b) Budget Recommendation.--Section 1003(b) of the National 
     Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is 
     amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(8) provide, by July 1 of each year, budget 
     recommendations to the heads of departments and agencies with 
     responsibilities under the National Drug Control Program, 
     which recommendations shall apply to the second following 
     fiscal year and address funding priorities developed in the 
     annual National Drug Control Strategy.''.
       (c) Control of Drug-Related Resources.--Section 1003 of the 
     National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is 
     amended--
       (1) in subsection (d)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) request the head of a department or agency or program 
     to place department, agency, or program personnel who are 
     engaged in drug control activities on temporary detail to 
     another department or agency in order to implement the 
     National Drug Control Strategy, and the head of the 
     department or agency shall comply with such a request;
       (B) by striking ``and'' at the end of paragraph (6);
       (C) by striking the period at the end of paragraph (7) and 
     inserting a semicolon; and
       (D) by adding after paragraph (7) the following new 
     paragraphs:
       ``(8) except to the extent that the Director's authority 
     under this paragraph is limited in an annual appropriations 
     Act, transfer funds appropriated to a National Drug Control 
     Program agency account to a different National Drug Control 
     Program agency account in an amount that does not exceed 2 
     percent of the amount appropriated to either account, upon 
     advance approval of the Committees on Appropriations of each 
     House of Congress; and
       ``(9) in order to ensure compliance with the National Drug 
     Control Program, issue to the head of a National Drug Control 
     Program agency a funds control notice described in subsection 
     (f).''; and
       (2) by adding at the end the following new subsections:
       ``(f) Funds Control Notices.--(1) A funds control notice 
     may direct that all or part of an amount appropriated to the 
     National Drug Control Program agency account be obligated 
     by--
       ``(A) months, fiscal year quarters, or other time periods; 
     and
       ``(B) activities, functions, projects, or object classes.
       ``(2) An officer or employee of a National Drug Control 
     Program agency shall not make or authorize an expenditure or 
     obligation contrary to a funds control notice issued by the 
     Director.
       ``(3) In the case of a violation of paragraph (2) by an 
     officer or employee of a National Drug Control Program 
     agency, the head of the agency, upon the request of and in 
     consultation with the Director, may subject the officer or 
     employee to appropriate administrative discipline, including, 
     when circumstances warrant, suspension from duty without pay 
     or removal from office.''.
       (d) Certification of Adequacy of Budget Request.--Section 
     1003(c)(3)(B) of the National Narcotics Leadership Act of 
     1988 (21 U.S.C. 1502(c)(3)(B)) is amended--
       (1) by inserting ``in whole or in part'' after ``adequacy 
     of such request''; and
       (2) by striking the semicolon at the end and inserting 
     ``and, with respect to a request that is not certified as 
     adequate to implement the objectives of the National Drug 
     Control Strategy, include in the certification an initiative 
     or funding level that would make the request adequate;''.

     SEC. 90202. OFFICE PERSONNEL RESTRICTION.

       Section 1003 of the National Narcotics Leadership Act of 
     1988 (21 U.S.C. 1502) is amended by adding at the end the 
     following new subsection:
       ``(f) Prohibition on Political Campaigning.--A Federal 
     officer in the Office of National Drug Control Policy who is 
     appointed by the President, by and with the advice and 
     consent of the Senate, may not participate in Federal 
     election campaign activities, except that such an official is 
     not prohibited by this subsection from making contributions 
     to individual candidates.''.

     SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.

       Section 1005(a) of the National Narcotics Leadership Act of 
     1988 (21 U.S.C. 1504(a)) is amended--
       (1) in paragraph (2)(A) by inserting ``and the consequences 
     of drug abuse'' after ``drug abuse''; and
       (2) by amending paragraph (4) to read as follows:
       ``(4) The Director shall include with each National Drug 
     Control Strategy an evaluation of the effectiveness of 
     Federal drug control during the preceding year. The 
     evaluation shall include an assessment of Federal drug 
     control efforts, including--
       ``(A) assessment of the reduction of drug use, including 
     estimates of drug prevalence and frequency of use as measured 
     by national, State, and local surveys of illicit drug use and 
     by other special studies of--
       ``(i) high-risk populations, including school dropouts, the 
     homeless and transient, arrestees, parolees, and 
     probationers, and juvenile delinquents; and
       ``(ii) drug use in the workplace and the productivity lost 
     by such use;
       ``(B) assessment of the reduction of drug availability, as 
     measured by--
       ``(i) the quantities of cocaine, heroin, and marijuana 
     available for consumption in the United States;
       ``(ii) the amount of cocaine and heroin entering the United 
     States;
       ``(iii) the number of hectares of poppy and coca cultivated 
     and destroyed;
       ``(iv) the number of metric tons of heroin and cocaine 
     seized;
       ``(v) the number of cocaine processing labs destroyed;
       ``(vi) changes in the price and purity of heroin and 
     cocaine;
       ``(vii) the amount and type of controlled substances 
     diverted from legitimate retail and wholesale sources; and
       ``(viii) the effectiveness of Federal technology programs 
     at improving drug detection capabilities at United States 
     ports of entry;
       ``(C) assessment of the reduction of the consequences of 
     drug use and availability, which shall include estimation 
     of--
       ``(i) burdens drug users placed on hospital emergency rooms 
     in the United States, such as the quantity of drug-related 
     services provided;
       ``(ii) the annual national health care costs of drug use, 
     including costs associated with people becoming infected with 
     the human immunodeficiency virus and other communicable 
     diseases as a result of drug use;
       ``(iii) the extent of drug-related crime and criminal 
     activity; and
       ``(iv) the contribution of drugs to the underground 
     economy, as measured by the retail value of drugs sold in the 
     United States; and
       ``(D) determination of the status of drug treatment in the 
     United States, by assessing--
       ``(i) public and private treatment capacity within each 
     State, including information on the number of treatment slots 
     available in relation to the number actually used, including 
     data on intravenous drug users and pregnant women;
       ``(ii) the extent, within each State, to which treatment is 
     available, on demand, to intravenous drug users and pregnant 
     women;
       ``(iii) the number of drug users the Director estimates 
     could benefit from treatment; and
       ``(iv) the success of drug treatment programs, including an 
     assessment of the effectiveness of the mechanisms in place 
     federally, and within each State, to determine the relative 
     quality of substance abuse treatment programs, the 
     qualifications of treatment personnel, and the mechanism by 
     which patients are admitted to the most appropriate and cost 
     effective treatment setting.
       ``(5) The Director shall include with the National Drug 
     Control Strategy required to be submitted not later than 
     February 1, 1995, and with every second such strategy 
     submitted thereafter--
       ``(A) an assessment of the quality of current drug use 
     measurement instruments and techniques to measure supply 
     reduction and demand reduction activities;
       ``(B) an assessment of the adequacy of the coverage of 
     existing national drug use measurement instruments and 
     techniques to measure the casual drug user population and 
     groups at-risk for drug use;
       ``(C) an assessment of the actions the Director shall take 
     to correct any deficiencies and limitations identified 
     pursuant to subparagraphs (A) and (B); and
       ``(D) identification of the specific factors that restrict 
     the availability of treatment services to those seeking it 
     and proposed administrative or legislative remedies to make 
     treatment available to those individuals.
       ``(6) Federal agencies responsible for the collection or 
     estimation of drug-related information required by the 
     Director shall cooperate with the Director, to the fullest 
     extent possible, to enable the Director to satisfy the 
     requirements of sections 4 and 5.
       ``(7) With each National Drug Control Strategy, the 
     Director shall report to the President and the Congress on 
     the Director's assessment of drug use and availability in the 
     United States, including an estimate of the effectiveness of 
     interdiction, treatment, prevention, law enforcement, and 
     international programs under the National Drug Control 
     Strategy in effect in the preceding year in reducing drug use 
     and availability.''.

     SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

       (a) Drug Abuse Addiction and Rehabilitation Center.--
     Section 1003A of the National Narcotics Leadership Act of 
     1988 (21 U.S.C. 1502a(c)(1)) is amended--
       (1) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) in consultation with the National Institute on Drug 
     Abuse, and through interagency agreements or grants, examine 
     addiction and rehabilitation research and the application of 
     technology to expanding the effectiveness or availability of 
     drug treatment;''.
       (b) Assistance From the Advanced Research Project Agency.--
     Section 1003A of the National Narcotics Leadership Act of 
     1988 (21 U.S.C. 1502a) is amended by adding at the end the 
     following:
       ``(f) Assistance and Support to Office of National Drug 
     Control Policy.--The Director of the Advanced Research 
     Project Agency shall, to the fullest extent possible, render 
     assistance and support to the Office of National Drug Control 
     Policy and its Director.''.
       (c) Repeal and Redesignation.--The National Narcotics 
     Leadership Act of 1988 is amended by--
       (1) repealing section 1008 (21 U.S.C. 1505), as in effect 
     on the date of the enactment of this Act;
       (2) redesignating section 1003A, as amended by subsection 
     (b) of this section, as section 1008; and
       (3) moving such section, as redesignated, so as to follow 
     section 1007.

     SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.

       (a) Deposits Into Special Forfeiture Fund.--Section 6073 of 
     the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) 
     is amended to read as follows:
       ``(b) Deposits.--There shall be deposited into the Fund the 
     amounts specified by section 524(c)(9) of title 28, United 
     States Code, and section 9307(g) of title 31, United States 
     Code, and any earnings on the investments authorized by 
     subsection (d).''.
       (b) Transfers From Department of Justice Assets Forfeiture 
     Fund.--Section 524(c)(9) of title 28, United States Code, is 
     amended by amending subparagraphs (B), (C), and (D) to read 
     as follows:
       ``(B) Subject to subparagraphs (C) and (D), at the end of 
     each of fiscal years 1994, 1995, 1996, and 1997, the Attorney 
     General shall transfer from the Fund not more than 
     $100,000,000 to the Special Forfeiture Fund established by 
     section 6073 of the Anti-Drug Abuse Act of 1988.
       ``(C) Transfers under subparagraph (B) may be made only 
     from the excess unobligated balance and may not exceed one-
     half of the excess unobligated balance for any year. In 
     addition, transfers under subparagraph (B) may be made only 
     to the extent that the sum of the transfers in a fiscal year 
     and one-half of the unobligated balance at the beginning of 
     that fiscal year for the Special Forfeiture Fund does not 
     exceed $100,000,000.
       ``(D) For the purpose of determining amounts available for 
     distribution at year end for any fiscal year, `excess 
     unobligated balance' means the unobligated balance of the 
     Fund generated by that fiscal year's operations, less any 
     amounts that are required to be retained in the Fund to 
     ensure the availability of amounts in the subsequent fiscal 
     year for purposes authorized under paragraph (1).''.
       (c) Transfers From Department of the Treasury Forfeiture 
     Fund.-- Section 9703(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (3)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) Subject to subparagraphs (B) and (C), at the end of 
     each of fiscal years 1994, 1995, 1996, and 1997, the 
     Secretary shall transfer from the Fund not more than 
     $100,000,000 to the Special Forfeiture Fund established by 
     section 6073 of the Anti-Drug Abuse Act of 1988.''; and
       (B) in subparagraph (B) by adding the following at the end: 
     ``Further, transfers under subparagraph (A) may not exceed 
     one-half of the excess unobligated balance for a year. In 
     addition, transfers under subparagraph (A) may be made only 
     to the extent that the sum of the transfers in a fiscal year 
     and one-half of the unobligated balance at the beginning of 
     that fiscal year for the Special Forfeiture Fund does not 
     exceed $100,000,000.''; and
       (2) in subparagraph (4)(A)--
       (A) in clause (i) by striking ``(i)''; and
       (B) by striking clause (ii).
       (d) Surplus Funds.--Section 6073 of the Asset Forfeiture 
     Amendments Act of 1988 (21 U.S.C. 1509) is amended--
       (1) by redesignating subsections (c), (d), (e), and (f), as 
     subsections (d), (e), (f), and (g), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Super Surplus.--(1) Any unobligated balance up to 
     $20,000,000 remaining in the Fund on September 30 of a fiscal 
     year shall be available to the Director, subject to paragraph 
     (2), to transfer to, and for obligation and expenditure in 
     connection with drug control activities of, any Federal 
     agency or State or local entity with responsibilities under 
     the National Drug Control Strategy.
       ``(2) A transfer may be made under paragraph (1) only with 
     the advance written approval of the Committees on 
     Appropriations of each House of Congress.''.

     SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.

       Section 1011 of the National Narcotics Leadership Act of 
     1988 (21 U.S.C. 1508) is amended by striking ``4'' and 
     inserting ``8''.

     SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG 
                   CONTROL POLICY.

       Section 1008(d)(1) of the National Narcotics Leadership Act 
     of 1988 (21 U.S.C. 1502(d)(1)) is amended by striking 
     ``such'' and inserting ``up to 75 and such additional''.

     SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL 
                   POLICY.

       (a) Reauthorization.--Section 1009 of the National 
     Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended 
     by striking ``the date which is 5 years after the date of the 
     enactment of this subtitle'' and inserting ``September 30, 
     1997''.
       (b) Continued Effectiveness.--The National Narcotics 
     Leadership Act of 1988 (21 U.S.C. 1501 et seq.) shall be 
     considered not to have been repealed by operation of section 
     1009 of that Act, but shall remain in effect as if the 
     amendment made by subsection (a) had been included in that 
     Act on the date of its enactment.
                   TITLE X--DRUNK DRIVING PROVISIONS

     SEC. 100001. SHORT TITLE.

       This title may be cited as the ``Drunk Driving Child 
     Protection Act of 1994''.

     SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL 
                   JURISDICTION.

       Section 13(b) of title 18, United States Code, is amended--
       (1) by striking ``For purposes'' and inserting ``(1) 
     Subject to paragraph (2) and for purposes''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) In addition to any term of imprisonment provided 
     for operating a motor vehicle under the influence of a drug 
     or alcohol imposed under the law of a State, territory, 
     possession, or district, the punishment for such an offense 
     under this section shall include an additional term of 
     imprisonment of not more than 1 year, or if serious bodily 
     injury of a minor is caused, not more than 5 years, or if 
     death of a minor is caused, not more than 10 years, and an 
     additional fine of not more than $1,000, or both, if--
       ``(i) a minor (other than the offender) was present in the 
     motor vehicle when the offense was committed; and
       ``(ii) the law of the State, territory, possession, or 
     district in which the offense occurred does not provide an 
     additional term of imprisonment under the circumstances 
     described in clause (i).
       ``(B) For the purposes of subparagraph (A), the term 
     `minor' means a person less than 18 years of age.''.

     SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.

       Section 501(b) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3751) is amended--
       (1) by striking ``and'' at the end of paragraph (20);
       (2) by striking the period at the end of paragraph (21) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(22) programs for the prosecution of driving while 
     intoxicated charges and the enforcement of other laws 
     relating to alcohol use and the operation of motor 
     vehicles.''.
                           TITLE XI--FIREARMS
                      Subtitle A--Assault Weapons

     SEC. 110101. SHORT TITLE.

       This subtitle may be cited as the ``Public Safety and 
     Recreational Firearms Use Protection Act''.

     SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND 
                   POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT 
                   WEAPONS.

       (a) Restriction.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(v)(1) It shall be unlawful for a person to manufacture, 
     transfer, or possess a semiautomatic assault weapon.
       ``(2) Paragraph (1) shall not apply to the possession or 
     transfer of any semiautomatic assault weapon otherwise 
     lawfully possessed under Federal law on the date of the 
     enactment of this subsection.
       ``(3) Paragraph (1) shall not apply to--
       ``(A) any of the firearms, or replicas or duplicates of the 
     firearms, specified in Appendix A to this section, as such 
     firearms were manufactured on October 1, 1993;
       ``(B) any firearm that--
       ``(i) is manually operated by bolt, pump, lever, or slide 
     action;
       ``(ii) has been rendered permanently inoperable; or
       ``(iii) is an antique firearm;
       ``(C) any semiautomatic rifle that cannot accept a 
     detachable magazine that holds more than 5 rounds of 
     ammunition; or
       ``(D) any semiautomatic shotgun that cannot hold more than 
     5 rounds of ammunition in a fixed or detachable magazine.
     The fact that a firearm is not listed in Appendix A shall not 
     be construed to mean that paragraph (1) applies to such 
     firearm. No firearm exempted by this subsection may be 
     deleted from Appendix A so long as this subsection is in 
     effect.
       ``(4) Paragraph (1) shall not apply to--
       ``(A) the manufacture for, transfer to, or possession by 
     the United States or a department or agency of the United 
     States or a State or a department, agency, or political 
     subdivision of a State, or a transfer to or possession by a 
     law enforcement officer employed by such an entity for 
     purposes of law enforcement (whether on or off duty);
       ``(B) the transfer to a licensee under title I of the 
     Atomic Energy Act of 1954 for purposes of establishing and 
     maintaining an on-site physical protection system and 
     security organization required by Federal law, or possession 
     by an employee or contractor of such licensee on-site for 
     such purposes or off-site for purposes of licensee-authorized 
     training or transportation of nuclear materials;
       ``(C) the possession, by an individual who is retired from 
     service with a law enforcement agency and is not otherwise 
     prohibited from receiving a firearm, of a semiautomatic 
     assault weapon transferred to the individual by the agency 
     upon such retirement; or
       ``(D) the manufacture, transfer, or possession of a 
     semiautomatic assault weapon by a licensed manufacturer or 
     licensed importer for the purposes of testing or 
     experimentation authorized by the Secretary.''.
       (b) Definition of Semiautomatic Assault Weapon.--Section 
     921(a) of title 18, United States Code, is amended by adding 
     at the end the following new paragraph:
       ``(30) The term `semiautomatic assault weapon' means--
       ``(A) any of the firearms, or copies or duplicates of the 
     firearms in any caliber, known as--
       ``(i) Norinco, Mitchell, and Poly Technologies Avtomat 
     Kalashnikovs (all models);
       ``(ii) Action Arms Israeli Military Industries UZI and 
     Galil;
       ``(iii) Beretta Ar70 (SC-70);
       ``(iv) Colt AR-15;
       ``(v) Fabrique National FN/FAL, FN/LAR, and FNC;
       ``(vi) SWD M-10, M-11, M-11/9, and M-12;
       ``(vii) Steyr AUG;
       ``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
       ``(ix) revolving cylinder shotguns, such as (or similar to) 
     the Street Sweeper and Striker 12;
       ``(B) a semiautomatic rifle that has an ability to accept a 
     detachable magazine and has at least 2 of--
       ``(i) a folding or telescoping stock;
       ``(ii) a pistol grip that protrudes conspicuously beneath 
     the action of the weapon;
       ``(iii) a bayonet mount;
       ``(iv) a flash suppressor or threaded barrel designed to 
     accommodate a flash suppressor; and
       ``(v) a grenade launcher;
       ``(C) a semiautomatic pistol that has an ability to accept 
     a detachable magazine and has at least 2 of--
       ``(i) an ammunition magazine that attaches to the pistol 
     outside of the pistol grip;
       ``(ii) a threaded barrel capable of accepting a barrel 
     extender, flash suppressor, forward handgrip, or silencer;
       ``(iii) a shroud that is attached to, or partially or 
     completely encircles, the barrel and that permits the shooter 
     to hold the firearm with the nontrigger hand without being 
     burned;
       ``(iv) a manufactured weight of 50 ounces or more when the 
     pistol is unloaded; and
       ``(v) a semiautomatic version of an automatic firearm; and
       ``(D) a semiautomatic shotgun that has at least 2 of--
       ``(i) a folding or telescoping stock;
       ``(ii) a pistol grip that protrudes conspicuously beneath 
     the action of the weapon;
       ``(iii) a fixed magazine capacity in excess of 5 rounds; 
     and
       ``(iv) an ability to accept a detachable magazine.''.
       (c) Penalties.--
       (1) Violation of section 922(v).--Section 924(a)(1)(B) of 
     such title is amended by striking ``or (q) of section 922'' 
     and inserting ``(r), or (v) of section 922''.
       (2) Use or possession during crime of violence or drug 
     trafficking crime.--Section 924(c)(1) of such title is 
     amended in the first sentence by inserting ``, or 
     semiautomatic assault weapon,'' after ``short-barreled 
     shotgun,''.
       (d) Identification Markings for Semiautomatic Assault 
     Weapons.--Section 923(i) of such title is amended by adding 
     at the end the following: ``The serial number of any 
     semiautomatic assault weapon manufactured after the date of 
     the enactment of this sentence shall clearly show the date on 
     which the weapon was manufactured.''.

     SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICES.

       (a) Prohibition.--Section 922 of title 18, United States 
     Code, as amended by section 110102(a), is amended by adding 
     at the end the following new subsection:
       ``(w)(1) Except as provided in paragraph (2), it shall be 
     unlawful for a person to transfer or possess a large capacity 
     ammunition feeding device.
       ``(2) Paragraph (1) shall not apply to the possession or 
     transfer of any large capacity ammunition feeding device 
     otherwise lawfully possessed on or before the date of the 
     enactment of this subsection.
       ``(3) This subsection shall not apply to--
       ``(A) the manufacture for, transfer to, or possession by 
     the United States or a department or agency of the United 
     States or a State or a department, agency, or political 
     subdivision of a State, or a transfer to or possession by a 
     law enforcement officer employed by such an entity for 
     purposes of law enforcement (whether on or off duty);
       ``(B) the transfer to a licensee under title I of the 
     Atomic Energy Act of 1954 for purposes of establishing and 
     maintaining an on-site physical protection system and 
     security organization required by Federal law, or possession 
     by an employee or contractor of such licensee on-site for 
     such purposes or off-site for purposes of licensee-authorized 
     training or transportation of nuclear materials;
       ``(C) the possession, by an individual who is retired from 
     service with a law enforcement agency and is not otherwise 
     prohibited from receiving ammunition, of a large capacity 
     ammunition feeding device transferred to the individual by 
     the agency upon such retirement; or
       ``(D) the manufacture, transfer, or possession of any large 
     capacity ammunition feeding device by a licensed manufacturer 
     or licensed importer for the purposes of testing or 
     experimentation authorized by the Secretary.
       ``(4) If a person charged with violating paragraph (1) 
     asserts that paragraph (1) does not apply to such person 
     because of paragraph (2) or (3), the Government shall have 
     the burden of proof to show that such paragraph (1) applies 
     to such person. The lack of a serial number as described in 
     section 923(i) of title 18, United States Code, shall be a 
     presumption that the large capacity ammunition feeding device 
     is not subject to the prohibition of possession in paragraph 
     (1).''.
       (b) Definition of Large Capacity Ammunition Feeding 
     Device.--Section 921(a) of title 18, United States Code, as 
     amended by section 110102(b), is amended by adding at the end 
     the following new paragraph:
       ``(31) The term `large capacity ammunition feeding 
     device'--
       ``(A) means a magazine, belt, drum, feed strip, or similar 
     device manufactured after the date of enactment of the 
     Violent Crime Control and Law Enforcement Act of 1994 that 
     has a capacity of, or that can be readily restored or 
     converted to accept, more than 10 rounds of ammunition; but
       ``(B) does not include an attached tubular device designed 
     to accept, and capable of operating only with, .22 caliber 
     rimfire ammunition.''.
       (c) Penalty.--Section 924(a)(1)(B) of title 18, United 
     States Code, as amended by section 110102(c)(1), is amended 
     by striking ``or (v)'' and inserting ``(v), or (w)''.
       (d) Identification Markings for Large Capacity Ammunition 
     Feeding Devices.--Section 923(i) of title 18, United States 
     Code, as amended by section 110102(d) of this Act, is amended 
     by adding at the end the following: ``A large capacity 
     ammunition feeding device manufactured after the date of the 
     enactment of this sentence shall be identified by a serial 
     number that clearly shows that the device was manufactured or 
     imported after the effective date of this subsection, and 
     such other identification as the Secretary may by regulation 
     prescribe.''.

     SEC. 110104. STUDY BY ATTORNEY GENERAL.

       (a) Study.--The Attorney General shall investigate and 
     study the effect of this subtitle and the amendments made by 
     this subtitle, and in particular shall determine their 
     impact, if any, on violent and drug trafficking crime. The 
     study shall be conducted over a period of 18 months, 
     commencing 12 months after the date of enactment of this Act.
       (b) Report.--Not later than 30 months after the date of 
     enactment of this Act, the Attorney General shall prepare and 
     submit to the Congress a report setting forth in detail the 
     findings and determinations made in the study under 
     subsection (a).

     SEC. 110105. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) are repealed effective as of the date that is 10 years 
     after that date.

     SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.

       Section 922 of title 18, United States Code, is amended by 
     adding at the end the following appendix:

                              ``APPENDIX A

                     Centerfire Rifles--Autoloaders

Browning BAR Mark II Safari Semi-Auto Rifle

Browning BAR Mark II Safari Magnum Rifle

Browning High-Power Rifle

Heckler & Koch Model 300 Rifle

Iver Johnson M-1 Carbine

Iver Johnson 50th Anniversary M-1 Carbine

Marlin Model 9 Camp Carbine

Marlin Model 45 Carbine

Remington Nylon 66 Auto-Loading Rifle

Remington Model 7400 Auto Rifle

Remington Model 7400 Rifle

Remington Model 7400 Special Purpose Auto Rifle

Ruger Mini-14 Autoloading Rifle (w/o folding stock)

Ruger Mini Thirty Rifle

                    Centerfire Rifles--Lever & Slide

Browning Model 81 BLR Lever-Action Rifle

Browning Model 81 Long Action BLR

Browning Model 1886 Lever-Action Carbine

Browning Model 1886 High Grade Carbine

Cimarron 1860 Henry Replica

Cimarron 1866 Winchester Replicas

Cimarron 1873 Short Rifle

Cimarron 1873 Sporting Rifle

Cimarron 1873 30" Express Rifle

Dixie Engraved 1873 Rifle

E.M.F. 1866 Yellowboy Lever Actions

E.M.F. 1860 Henry Rifle

E.M.F. Model 73 Lever-Action Rifle

Marlin Model 336CS Lever-Action Carbine

Marlin Model 30AS Lever-Action Carbine

Marlin Model 444SS Lever-Action Sporter

Marlin Model 1894S Lever-Action Carbine

Marlin Model 1894CS Carbine

Marlin Model 1894CL Classic

Marlin Model 1895SS Lever-Action Rifle

Mitchell 1858 Henry Replica

Mitchell 1866 Winchester Replica

Mitchell 1873 Winchester Replica

Navy Arms Military Henry Rifle

Navy Arms Henry Trapper

Navy Arms Iron Frame Henry

Navy Arms Henry Carbine

Navy Arms 1866 Yellowboy Rifle

Navy Arms 1873 Winchester-Style Rifle

Navy Arms 1873 Sporting Rifle

Remington 7600 Slide Action

Remington Model 7600 Special Purpose Slide Action

Rossi M92 SRC Saddle-Ring Carbine

Rossi M92 SRS Short Carbine

Savage 99C Lever-Action Rifle

Uberti Henry Rifle

Uberti 1866 Sporting Rilfe

Uberti 1873 Sporting Rifle

Winchester Model 94 Side Eject Lever-Action Rifle

Winchester Model 94 Trapper Side Eject

Winchester Model 94 Big Bore Side Eject

Winchester Model 94 Ranger Side Eject Lever-Action Rifle

Winchester Model 94 Wrangler Side Eject

                     Centerfire Rifles--Bolt Action

Alpine Bolt-Action Rifle

A-Square Caesar Bolt-Action Rifle

A-Square Hannibal Bolt-Action Rifle

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700D Bavarian Bolt-Action Rifle

Anschutz 1733D Mannlicher Rifle

Barret Model 90 Bolt-Action Rifle

Beeman/HW 60J Bolt-Action Rifle

Blaser R84 Bolt-Action Rifle

BRNO 537 Sporter Bolt-Action Rifle

BRNO ZKB 527 Fox Bolt-Action Rifle

BRNO ZKK 600, 601, 602 Bolt-Action Rifles

Browning A-Bolt Rifle

Browning A-Bolt Stainless Stalker

Browning A-Bolt Left Hand

Browning A-Bolt Short Action

Browning Euro-Bolt Rifle

Browning A-Bolt Gold Medallion

Browning A-Bolt Micro Medallion

Century Centurion 14 Sporter

Century Enfield Sporter #4

Century Swedish Sporter #38

Century Mauser 98 Sporter

Cooper Model 38 Centerfire Sporter

Dakota 22 Sporter Bolt-Action Rifle

Dakota 76 Classic Bolt-Action Rifle

Dakota 76 Short Action Rifles

Dakota 76 Safari Bolt-Action Rifle

Dakota 416 Rigby African

E.A.A./Sabatti Rover 870 Bolt-Action Rifle

Auguste Francotte Bolt-Action Rifles

Carl Gustaf 2000 Bolt-Action Rifle

Heym Magnum Express Series Rifle

Howa Lightning Bolt-Action Rifle

Howa Realtree Camo Rifle

Interarms Mark X Viscount Bolt-Action Rifle

Interarms Mini-Mark X Rifle

Interarms Mark X Whitworth Bolt-Action Rifle

Interarms Whitworth Express Rifle

Iver Johnson Model 5100A1 Long-Range Rifle

KDF K15 American Bolt-Action Rifle

Krico Model 600 Bolt-Action Rifle

Krico Model 700 Bolt-Action Rifles

Mauser Model 66 Bolt-Action Rifle

Mauser Model 99 Bolt-Action Rifle

McMillan Signature Classic Sporter

McMillan Signature Super Varminter

McMillan Signature Alaskan

McMillan Signature Titanium Mountain Rifle

McMillan Classic Stainless Sporter

McMillan Talon Safari Rifle

McMillan Talon Sporter Rifle

Midland 1500S Survivor Rifle

Navy Arms TU-33/40 Carbine

Parker-Hale Model 81 Classic Rifle

Parker-Hale Model 81 Classic African Rifle

Parker-Hale Model 1000 Rifle

Parker-Hale Model 1100M African Magnum

Parker-Hale Model 1100 Lightweight Rifle

Parker-Hale Model 1200 Super Rifle

Parker-Hale Model 1200 Super Clip Rifle

Parker-Hale Model 1300C Scout Rifle

Parker-Hale Model 2100 Midland Rifle

Parker-Hale Model 2700 Lightweight Rifle

Parker-Hale Model 2800 Midland Rifle

Remington Model Seven Bolt-Action Rifle

Remington Model Seven Youth Rifle

Remington Model Seven Custom KS

Remington Model Seven Custom MS Rifle

Remington 700 ADL Bolt-Action Rifle

Remington 700 BDL Bolt-Action Rifle

Remington 700 BDL Varmint Special

Remington 700 BDL European Bolt-Action Rifle

Remington 700 Varmint Synthetic Rifle

Remington 700 BDL SS Rifle

Remington 700 Stainless Synthetic Rifle

Remington 700 MTRSS Rifle

Remington 700 BDL Left Hand

Remington 700 Camo Synthetic Rifle

Remington 700 Safari

Remington 700 Mountain Rifle

Remington 700 Custom KS Mountain Rifle

Remington 700 Classic Rifle

Ruger M77 Mark II Rifle

Ruger M77 Mark II Magnum Rifle

Ruger M77RL Ultra Light

Ruger M77 Mark II All-Weather Stainless Rifle

Ruger M77 RSI International Carbine

Ruger M77 Mark II Express Rifle

Ruger M77VT Target Rifle

Sako Hunter Rifle

Sako Fiberclass Sporter

Sako Safari Grade Bolt Action

Sako Hunter Left-Hand Rifle

Sako Classic Bolt Action

Sako Hunter LS Rifle

Sako Deluxe Lightweight

Sako Super Deluxe Sporter

Sako Mannlicher-Style Carbine

Sako Varmint Heavy Barrel

Sako TRG-S Bolt-Action Rifle

Sauer 90 Bolt-Action Rifle

Savage 110G Bolt-Action Rifle

Savage 110CY Youth/Ladies Rifle

Savage 110WLE One of One Thousand Limited Edition Rifle

Savage 110GXP3 Bolt-Action Rifle

Savage 110F Bolt-Action Rifle

Savage 110FXP3 Bolt-Action Rifle

Savage 110GV Varmint Rifle

Savage 112FV Varmint Rifle

Savage Model 112FVS Varmint Rifle

Savage Model 112BV Heavy Barrel Varmint Rifle

Savage 116FSS Bolt-Action Rifle

Savage Model 116FSK Kodiak Rifle

Savage 110FP Police Rifle

Steyr-Mannlicher Sporter Models SL, L, M, S, S/T

Steyr-Mannlicher Luxus Model L, M, S

Steyr-Mannlicher Model M Professional Rifle

Tikka Bolt-Action Rifle

Tikka Premium Grade Rifles

Tikka Varmint/Continental Rifle

Tikka Whitetail/Battue Rifle

Ultra Light Arms Model 20 Rifle

Ultra Light Arms Model 28, Model 40 Rifles

Voere VEC 91 Lightning Bolt-Action Rifle

Voere Model 2165 Bolt-Action Rifle

Voere Model 2155, 2150 Bolt-Action Rifles

Weatherby Mark V Deluxe Bolt-Action Rifle

Weatherby Lasermark V Rifle

Weatherby Mark V Crown Custom Rifles

Weatherby Mark V Sporter Rifle

Weatherby Mark V Safari Grade Custom Rifles

Weatherby Weathermark Rifle

Weatherby Weathermark Alaskan Rifle

Weatherby Classicmark No. 1 Rifle

Weatherby Weatherguard Alaskan Rifle

Weatherby Vanguard VGX Deluxe Rifle

Weatherby Vanguard Classic Rifle

Weatherby Vanguard Classic No. 1 Rifle

Weatherby Vanguard Weatherguard Rifle

Wichita Classic Rifle

Wichita Varmint Rifle

Winchester Model 70 Sporter

Winchester Model 70 Sporter WinTuff

Winchester Model 70 SM Sporter

Winchester Model 70 Stainless Rifle

Winchester Model 70 Varmint

Winchester Model 70 Synthetic Heavy Varmint Rifle

Winchester Model 70 DBM Rifle

Winchester Model 70 DBM-S Rifle

Winchester Model 70 Featherweight

Winchester Model 70 Featherweight WinTuff

Winchester Model 70 Featherweight Classic

Winchester Model 70 Lightweight Rifle

Winchester Ranger Rifle

Winchester Model 70 Super Express Magnum

Winchester Model 70 Super Grade

Winchester Model 70 Custom Sharpshooter

Winchester Model 70 Custom Sporting Sharpshooter Rifle

                     Centerfire Rifles--Single Shot

Armsport 1866 Sharps Rifle, Carbine

Brown Model One Single Shot Rifle

Browning Model 1885 Single Shot Rifle

Dakota Single Shot Rifle

Desert Industries G-90 Single Shot Rifle

Harrington & Richardson Ultra Varmint Rifle

Model 1885 High Wall Rifle

Navy Arms Rolling Block Buffalo Rifle

Navy Arms #2 Creedmoor Rifle

Navy Arms Sharps Cavalry Carbine

Navy Arms Sharps Plains Rifle

New England Firearms Handi-Rifle

Red Willow Armory Ballard No. 5 Pacific

Red Willow Armory Ballard No. 1.5 Hunting Rifle

Red Willow Armory Ballard No. 8 Union Hill Rifle

Red Willow Armory Ballard No. 4.5 Target Rifle

Remington-Style Rolling Block Carbine

Ruger No. 1B Single Shot

Ruger No. 1A Light Sporter

Ruger No. 1H Tropical Rifle

Ruger No. 1S Medium Sporter

Ruger No. 1 RSI International

Ruger No. 1V Special Varminter

C. Sharps Arms New Model 1874 Old Reliable

C. Sharps Arms New Model 1875 Rifle

C. Sharps Arms 1875 Classic Sharps

C. Sharps Arms New Model 1875 Target & Long Range

Shiloh Sharps 1874 Long Range Express

Shiloh Sharps 1874 Montana Roughrider

Shiloh Sharps 1874 Military Carbine

Shiloh Sharps 1874 Business Rifle

Shiloh Sharps 1874 Military Rifle

Sharps 1874 Old Reliable

Thompson/Center Contender Carbine

Thompson/Center Stainless Contender Carbine

Thompson/Center Contender Carbine Survival System

Thompson/Center Contender Carbine Youth Model

Thompson/Center TCR '87 Single Shot Rifle

Uberti Rolling Block Baby Carbine

               Drillings, Combination Guns, Double Rifles

Beretta Express SSO O/U Double Rifles

Beretta Model 455 SxS Express Rifle

Chapuis RGExpress Double Rifle

Auguste Francotte Sidelock Double Rifles

Auguste Francotte Boxlock Double Rifle

Heym Model 55B O/U Double Rifle

Heym Model 55FW O/U Combo Gun

Heym Model 88b Side-by-Side Double Rifle

Kodiak Mk. IV Double Rifle

Kreighoff Teck O/U Combination Gun

Kreighoff Trumpf Drilling

Merkel Over/Under Combination Guns

Merkel Drillings

Merkel Model 160 Side-by-Side Double Rifles

Merkel Over/Under Double Rifles

Savage 24F O/U Combination Gun

Savage 24F-12T Turkey Gun

Springfield Inc. M6 Scout Rifle/Shotgun

Tikka Model 412s Combination Gun

Tikka Model 412S Double Fire

A. Zoli Rifle-Shotgun O/U Combo

                      Rimfire Rifles--Autoloaders

AMT Lightning 25/22 Rifle

AMT Lightning Small-Game Hunting Rifle II

AMT Magnum Hunter Auto Rifle

Anschutz 525 Deluxe Auto

Armscor Model 20P Auto Rifle

Browning Auto-22 Rifle

Browning Auto-22 Grade VI

Krico Model 260 Auto Rifle

Lakefield Arms Model 64B Auto Rifle

Marlin Model 60 Self-Loading Rifle

Marlin Model 60ss Self-Loading Rifle

Marlin Model 70 HC Auto

Marlin Model 990l Self-Loading Rifle

Marlin Model 70P Papoose

Marlin Model 922 Magnum Self-Loading Rifle

Marlin Model 995 Self-Loading Rifle

Norinco Model 22 ATD Rifle

Remington Model 522 Viper Autoloading Rifle

Remington 552BDL Speedmaster Rifle

Ruger 10/22 Autoloading Carbine (w/o folding stock)

Survival Arms AR-7 Explorer Rifle

Texas Remington Revolving Carbine

Voere Model 2115 Auto Rifle

                  Rimfire Rifles--Lever & Slide Action

Browning BL-22 Lever-Action Rifle

Marlin 39TDS Carbine

Marlin Model 39AS Golden Lever-Action Rifle

Remington 572BDL Fieldmaster Pump Rifle

Norinco EM-321 Pump Rifle

Rossi Model 62 SA Pump Rifle

Rossi Model 62 SAC Carbine

Winchester Model 9422 Lever-Action Rifle

Winchester Model 9422 Magnum Lever-Action Rifle

              Rimfire Rifles--Bolt Actions & Single Shots

Anschutz Achiever Bolt-Action Rifle

Anschutz 1416D/1516D Classic Rifles

Anschutz 1418D/1518D Mannlicher Rifles

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700 FWT Bolt-Action Rifle

Anschutz 1700D Graphite Custom Rifle

Anschutz 1700D Bavarian Bolt-Action Rifle

Armscor Model 14P Bolt-Action Rifle

Armscor Model 1500 Rifle

BRNO ZKM-452 Deluxe Bolt-Action Rifle

BRNO ZKM 452 Deluxe

Beeman/HW 60-J-ST Bolt-Action Rifle

Browning A-Bolt 22 Bolt-Action Rifle

Browning A-Bolt Gold Medallion

Cabanas Phaser Rifle

Cabanas Master Bolt-Action Rifle

Cabanas Espronceda IV Bolt-Action Rifle

Cabanas Leyre Bolt-Action Rifle

Chipmunk Single Shot Rifle

Cooper Arms Model 36S Sporter Rifle

Dakota 22 Sporter Bolt-Action Rifle

Krico Model 300 Bolt-Action Rifles

Lakefield Arms Mark II Bolt-Action Rifle

Lakefield Arms Mark I Bolt-Action Rifle

Magtech Model MT-22C Bolt-Action Rifle

Marlin Model 880 Bolt-Action Rifle

Marlin Model 881 Bolt-Action Rifle

Marlin Model 882 Bolt-Action Rifle

Marlin Model 883 Bolt-Action Rifle

Marlin Model 883SS Bolt-Action Rifle

Marlin Model 25MN Bolt-Action Rifle

Marlin Model 25N Bolt-Action Repeater

Marlin Model 15YN ``Little Buckaroo''

Mauser Model 107 Bolt-Action Rifle

Mauser Model 201 Bolt-Action Rifle

Navy Arms TU-KKW Training Rifle

Navy Arms TU-33/40 Carbine

Navy Arms TU-KKW Sniper Trainer

Norinco JW-27 Bolt-Action Rifle

Norinco JW-15 Bolt-Action Rifle

Remington 541-T

Remington 40-XR Rimfire Custom sporter

Remington 541-T HB Bolt-Action Rifle

Remington 581-S Sportsman Rifle

Ruger 77/22 Rimfire Bolt-Action Rifle

Ruger K77/22 Varmint Rifle

Ultra Light Arms Model 20 RF Bolt-Action Rifle

Winchester Model 52B Sporting Rifle

                Competition Rifles--Centerfire & Rimfire

Anschutz 64-MS Left Silhouette

Anschutz 1808D RT Super Match 54 Target

Anschutz 1827B Biathlon Rifle

Anschutz 1903D Match Rifle

Anschutz 1803D Intermediate Match

Anschutz 1911 Match Rifle

Anschutz 54.18MS REP Deluxe Silhouette Rifle

Anschutz 1913 Super Match Rifle

Anschutz 1907 Match Rifle

Anschutz 1910 Super Match II

Anschutz 54.18MS Silhouette Rifle

Anschutz Super Match 54 Target Model 2013

Anschutz Super Match 54 Target Model 2007

Beeman/Feinwerkbau 2600 Target Rifle

Cooper Arms Model TRP-1 ISU Standard Rifle

E.A.A./Weihrauch HW 60 Target Rifle

E.A.A./HW 660 Match Rifle

Finnish Lion Standard Target Rifle

Krico Model 360 S2 Biathlon Rifle

Krico Model 400 Match Rifle

Krico Model 360S Biathlon Rifle

Krico Model 500 Kricotronic Match Rifle

Krico Model 600 Sniper Rifle

Krico Model 600 Match Rifle

Lakefield Arms Model 90B Target Rifle

Lakefield Arms Model 91T Target Rifle

Lakefield Arms Model 92S Silhouette Rifle

Marlin Model 2000 Target Rifle

Mauser Model 86-SR Specialty Rifle

McMillan M-86 Sniper Rifle

McMillan Combo M-87/M-88 50-Caliber Rifle

McMillan 300 Phoenix Long Range Rifle

McMillan M-89 Sniper Rifle

McMillan National Match Rifle

McMillan Long Range Rifle

Parker-Hale M-87 Target Rifle

Parker-Hale M-85 Sniper Rifle

Remington 40-XB Rangemaster Target Centerfire

Remington 40-XR KS Rimfire Position Rifle

Remington 40-XBBR KS

Remington 40-XC KS National Match Course Rifle

Sako TRG-21 Bolt-Action Rifle

Steyr-Mannlicher Match SPG-UIT Rifle

Steyr-Mannlicher SSG P-I Rifle

Steyr-Mannlicher SSG P-III Rifle

Steyr-Mannlicher SSG P-IV Rifle

Tanner Standard UIT Rifle

Tanner 50 Meter Free Rifle

Tanner 300 Meter Free Rifle

Wichita Silhouette Rifle

                         Shotguns--Autoloaders

American Arms/Franchi Black Magic 48/AL

Benelli Super Black Eagle Shotgun

Benelli Super Black Eagle Slug Gun

Benelli M1 Super 90 Field Auto Shotgun

Benelli Montefeltro Super 90 20-Gauge Shotgun

Benelli Montefeltro Super 90 Shotgun

Benelli M1 Sporting Special Auto Shotgun

Benelli Black Eagle Competition Auto Shotgun

Beretta A-303 Auto Shotgun

Beretta 390 Field Auto Shotgun

Beretta 390 Super Trap, Super Skeet Shotguns

Beretta Vittoria Auto Shotgun

Beretta Model 1201F Auto Shotgun

Browning BSA 10 Auto Shotgun

Browning BSA 10 Stalker Auto Shotgun

Browning A-500R Auto Shotgun

Browning A-500G Auto Shotgun

Browning A-500G Sporting Clays

Browning Auto-5 Light 12 and 20

Browning Auto-5 Stalker

Browning Auto-5 Magnum 20

Browning Auto-5 Magnum 12

Churchill Turkey Automatic Shotgun

Cosmi Automatic Shotgun

Maverick Model 60 Auto Shotgun

Mossberg Model 5500 Shotgun

Mossberg Model 9200 Regal Semi-Auto Shotgun

Mossberg Model 9200 USST Auto Shotgun

Mossberg Model 9200 Camo Shotgun

Mossberg Model 6000 Auto Shotgun

Remington Model 1100 Shotgun

Remington 11-87 Premier Shotgun

Remington 11-87 Sporting Clays

Remington 11-87 Premier Skeet

Remington 11-87 Premier Trap

Remington 11-87 Special Purpose Magnum

Remington 11-87 SPS-T Camo Auto Shotgun

Remington 11-87 Special Purpose Deer Gun

Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun

Remington 11-87 SPS-Deer Shotgun

Remington 11-87 Special Purpose Synthetic Camo

Remington SP-10 Magnum-Camo Auto Shotgun

Remington SP-10 Magnum Auto Shotgun

Remington SP-10 Magnum Turkey Combo

Remington 1100 LT-20 Auto

Remington 1100 Special Field

Remington 1100 20-Gauge Deer Gun

Remington 1100 LT-20 Tournament Skeet

Winchester Model 1400 Semi-Auto Shotgun

                        Shotguns--Slide Actions

Browning Model 42 Pump Shotgun

Browning BPS Pump Shotgun

Browning BPS Stalker Pump Shotgun

Browning BPS Pigeon Grade Pump Shotgun

Browning BPS pump Shotgun (Ladies and Youth Model)

Browning BPS Game Gun Turkey Special

Browning BPS Game Gun Deer Special

Ithaca Model 87 Supreme Pump Shotgun

Ithaca Model 87 Deerslayer Shotgun

Ithaca Deerslayer II Rifled Shotgun

Ithaca Model 87 Turkey Gun

Ithaca Model 87 Deluxe Pump Shotgun

Magtech Model 586-VR Pump Shotgun

Maverick Models 88, 91 Pump Shotguns

Mossberg Model 500 Sporting Pump

Mossberg Model 500 Camo Pump

Mossberg Model 500 Muzzleloader Combo

Mossberg Model 500 Trophy Slugster

Mossberg Turkey Model 500 Pump

Mossberg Model 500 Bantam Pump

Mossberg Field Grade Model 835 Pump Shotgun

Mossberg Model 835 Regal Ulti-Mag Pump

Remington 870 Wingmaster

Remington 870 Special Purpose Deer Gun

Remington 870 SPS-BG-Camo Deer/Turkey Shotgun

Remington 870 SPS-Deer Shotgun

Remington 870 Marine Magnum

Remington 870 TC Trap

Remington 870 Special Purpose Synthetic Camo

Remington 870 Wingmaster Small Gauges

Remington 870 Express Rifle Sighted Deer Gun

Remington 879 SPS Special Purpose Magnum

Remington 870 SPS-T Camo Pump Shotgun

Remington 870 Special Field

Remington 870 Express Turkey

Remington 870 High Grades

Remington 870 Express

Remington Model 870 Express Youth Gun

Winchester Model 12 Pump Shotgun

Winchester Model 42 High Grade Shotgun

Winchester Model 1300 Walnut Pump

Winchester Model 1300 Slug Hunter Deer Gun

Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun

Winchester Model 1300 Turkey Gun

Winchester Model 1300 Ranger Pump Gun

                         Shotguns--Over/Unders

American Arms/Franchi Falconet 2000 O/U

American Arms Silver I O/U

American Arms Silver II Shotgun

American Arms Silver Skeet O/U

American Arms/Franchi Sporting 2000 O/U

American Arms Silver Sporting O/U

American Arms Silver Trap O/U

American Arms WS/OU 12, TS/OU 12 Shotguns

American Arms WT/OU 10 Shotgun

Armsport 2700 O/U Goose Gun

Armsport 2700 Series O/U

Armsport 2900 Tri-Barrel Shotgun

Baby Bretton Over/Under Shotgun

Beretta Model 686 Ultralight O/U

Beretta ASE 90 Competition O/U Shotgun

Beretta Over/Under Field Shotguns

Beretta Onyx Hunter Sport O/U Shotgun

Beretta Model SO5, SO6, SO9 Shotguns

Beretta Sporting Clay Shotguns

Beretta 687EL Sporting O/U

Beretta 682 Super Sporting O/U

Beretta Series 682 Competition Over/Unders

Browning Citori O/U Shotgun

Browning Superlight Citori Over/Under

Browning Lightning Sporting Clays

Browning Micro Citori Lightning

Browning Citori Plus Trap Combo

Browning Citori Plus Trap Gun

Browning Citori O/U Skeet Models

Browning Citori O/U Trap Models

Browning Special Sporting Clays

Browning Citori GTI Sporting Clays

Browning 325 Sporting Clays

Centurion Over/Under Shotgun

Chapuis Over/Under Shotgun

Connecticut Valley Classics Classic Sporter O/U

Connecticut Valley Classics Classic Field Waterfowler

Charles Daly Field Grade O/U

Charles Daly Lux Over/Under

E.A.A./Sabatti Sporting Clays Pro-Gold O/U

E.A.A/Sabatti Falcon-Mon Over/Under

Kassnar Grade I O/U Shotgun

Krieghoff K-80 Sporting Clays O/U

Krieghoff K-80 Skeet Shotgun

Krieghoff K-80 International Skeet

Krieghoff K-80 Four-Barrel Skeet Set

Krieghoff K-80/RT Shotguns

Krieghoff K-80 O/U Trap Shotgun

Laurona Silhouette 300 Sporting Clays

Laurona Silhouette 300 Trap

Laurona Super Model Over/Unders

Ljutic LM-6 Deluxe O/U Shotgun

Marocchi Conquista Over/Under Shotgun

Marocchi Avanza O/U Shotgun

Merkel Model 200E O/U Shotgun

Merkel Model 200E Skeet, Trap Over/Unders

Merkel Model 203E, 303E Over/Under Shotguns

Perazzi Mirage Special Sporting O/U

Perazzi Mirage Special Four-Gauge Skeet

Perazzi Sporting Classic O/U

Perazzi MX7 Over/Under Shotguns

Perazzi Mirage Special Skeet Over/Under

Perazzi MX8/MX8 Special Trap, Skeet

Perazzi MX8/20 Over/Under Shotgun

Perazzi MX9 Single Over/Under Shotguns

Perazzi MX12 Hunting Over/Under

Perazzi MX28, MX410 Game O/U Shotguns

Perazzi MX20 Hunting Over/Under

Piotti Boss Over/Under Shotgun

Remington Peerless Over/Under Shotgun

Ruger Red Label O/U Shotgun

Ruger Sporting Clays O/U Shotgun

San Marco 12-Ga. Wildflower Shotgun

San Marco Field Special O/U Shotgun

San Marco 10-Ga. O/U Shotgun

SKB Model 505 Deluxe Over/Under Shotgun

SKB Model 685 Over/Under Shotgun

SKB Model 885 Over/Under Trap, Skeet, Sporting Clays

Stoeger/IGA Condor I O/U Shotgun

Stoeger/IGA ERA 2000 Over/Under Shotgun

Techni-Mec Model 610 Over/Under

Tikka Model 412S Field Grade Over/Under

Weatherby Athena Grade IV O/U Shotguns

Weatherby Athena Grade V Classic Field O/U

Weatherby Orion O/U Shotguns

Weatherby II, III Classic Field O/Us

Weatherby Orion II Classic Sporting Clays O/U

Weatherby Orion II Sporting Clays O/U

Winchester Model 1001 O/U Shotgun

Winchester Model 1001 Sporting Clays O/U

Pietro Zanoletti Model 2000 Field O/U

                        Shotguns--Side by Sides

American Arms Brittany Shotgun

American Arms Gentry Double Shotgun

American Arms Derby Side-by-Side

American Arms Grulla #2 Double Shotgun

American Arms WS/SS 10

American Arms TS/SS 10 Double Shotgun

American Arms TS/SS 12 Side-by-Side

Arrieta Sidelock Double Shotguns

Armsport 1050 Series Double Shotguns

Arizaga Model 31 Double Shotgun

AYA Boxlock Shotguns

AYA Sidelock Double Shotguns

Beretta Model 452 Sidelock Shotgun

Beretta Side-by-Side Field Shotguns

Crucelegui Hermanos Model 150 Double

Chapuis Side-by-Side Shotgun

E.A.A./Sabatti Saba-Mon Double Shotgun

Charles Daly Model Dss Double

Ferlib Model F VII Double Shotgun

Auguste Francotte Boxlock Shotgun

Auguste Francotte Sidelock Shotgun

Garbi Model 100 Double

Garbi Model 101 Side-by-Side

Garbi Model 103A, B Side-by-Side

Garbi Model 200 Side-by-Side

Bill Hanus Birdgun Doubles

Hatfield Uplander Shotgun

Merkel Model 8, 47E Side-by-Side Shotguns

Merkel Model 47LSC Sporting Clays Double

Merkel Model 47S, 147S Side-by-Sides

Parker Reproductions Side-by-Side

Piotti King No. 1 Side-by-Side

Piotti Lunik Side-by-Side

Piotti King Extra Side-by-Side

Piotti Piuma Side-by-Side

Precision Sports Model 600 Series Doubles

Rizzini Boxlock Side-by-Side

Rizzini Sidelock Side-by-Side

Stoeger/IGA Uplander Side-by-Side Shotgun

Ugartechea 10-Ga. Magnum Shotgun

                 Shotguns--Bolt Actions & Single Shots

Armsport Single Barrel Shotgun

Browning BT-99 Competition Trap Special

Browning BT-99 Plus Trap Gun

Browning BT-99 Plus Micro

Browning Recoilless Trap Shotgun

Browning Micro Recoilless Trap Shotgun

Desert Industries Big Twenty Shotgun

Harrington & Richardson Topper Model 098

Harrington & Richardson Topper Classic Youth Shotgun

Harrington & Richardson N.W.T.F. Turkey Mag

Harrington & Richardson Topper Deluxe Model 098

Krieghoff KS-5 Trap Gun

Krieghoff KS-5 Special

Krieghoff K-80 Single Barrel Trap Gun

Ljutic Mono Gun Single Barrel

Ljutic LTX Super Deluxe Mono Gun

Ljutic Recoilless Space Gun Shotgun

Marlin Model 55 Goose Gun Bolt Action

New England Firearms Turkey and Goose Gun

New England Firearms N.W.T.F. Shotgun

New England Firearms Tracker Slug Gun

New England Firearms Standard Pardner

New England Firearms Survival Gun

Perazzi TM1 Special Single Trap

Remington 90-T Super Single Shotgun

Snake Charmer II Shotgun

Stoeger/IGA Reuna Single Barrel Shotgun

Thompson/Center TCR '87 Hunter Shotgun.''.

                    Subtitle B--Youth Handgun Safety

     SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR 
                   AMMUNITION BY, OR THE PRIVATE TRANSFER OF A 
                   HANDGUN OR AMMUNITION TO, A JUVENILE.

       (a) Offense.--Section 922 of title 18, United States Code, 
     as amended by section 110103(a), is amended by adding at the 
     end the following new subsection:
       ``(x)(1) It shall be unlawful for a person to sell, 
     deliver, or otherwise transfer 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 to--
       ``(A) 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, except--
       ``(I) 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 clause 
     (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; or
       ``(II) with respect to ranching or farming activities as 
     described in clause (i), a juvenile may possess and use a 
     handgun or ammunition with the prior written approval of the 
     juvenile's parent or legal guardian and at the direction of 
     an adult who is not prohibited by Federal, State or local law 
     from possessing a firearm;
       ``(iii) the juvenile has 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) 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;
       ``(C) a transfer by inheritance of title (but not 
     possession) of a handgun or ammunition to a juvenile; or
       ``(D) 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, is amended--
       (1) in paragraph (1) by striking ``paragraph (2) or (3) 
     of''; and
       (2) by adding at the end the following new paragraph:
       ``(5)(A)(i) A juvenile who violates section 922(x) 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(x)(2); and
       ``(II) the juvenile has not been convicted in any court of 
     an offense (including an offense under section 922(x) 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(x)--
       ``(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.''.
       (c) 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 a 
     person of section 922(x)'' 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 
     (x)'' after ``922(p)''; and
       (B) in the fourth undesignated paragraph by inserting ``or 
     section 922(x) of this title,'' before ``criminal prosecution 
     on the basis''.
       (d) 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(x) of title 18, United States Code, or a similar State 
     law).''
       (e) 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, 1995, findings and 
     recommendations concerning the need or appropriateness of 
     further action by the Federal Government.
                         Subtitle C--Licensure

     SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A 
                   PHOTOGRAPH AND FINGERPRINTS.

       (a) Firearms Licensure.--Section 923(a) of title 18, United 
     States Code, is amended in the second sentence by inserting 
     ``and shall include a photograph and fingerprints of the 
     applicant'' before the period.
       (b) Registration.--Section 5802 of the Internal Revenue 
     Code of 1986 is amended by inserting after the first sentence 
     the following: ``An individual required to register under 
     this section shall include a photograph and fingerprints of 
     the individual with the initial application.''.

     SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A 
                   CONDITION TO LICENSE.

       Section 923(d)(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) the applicant certifies that--
       ``(i) the business to be conducted under the license is not 
     prohibited by State or local law in the place where the 
     licensed premise is located;
       ``(ii)(I) within 30 days after the application is approved 
     the business will comply with the requirements of State and 
     local law applicable to the conduct of the business; and
       ``(II) the business will not be conducted under the license 
     until the requirements of State and local law applicable to 
     the business have been met; and
       ``(iii) that the applicant has sent or delivered a form to 
     be prescribed by the Secretary, to the chief law enforcement 
     officer of the locality in which the premises are located, 
     which indicates that the applicant intends to apply for a 
     Federal firearms license.''.

     SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.

       Section 923(d)(2) of title 18, United States Code, is 
     amended by striking ``forty-five-day'' and inserting ``60-
     day''.

     SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND 
                   RECORDS.

       Section 923(g)(1)(B)(ii) of title 18, United States Code, 
     is amended to read as follows:
       ``(ii) for ensuring compliance with the record keeping 
     requirements of this chapter--

       ``(I) not more than once during any 12-month period; or
       ``(II) at any time with respect to records relating to a 
     firearm involved in a criminal investigation that is traced 
     to the licensee.''.

     SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.

       Section 923(g) of title 18, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6) Each licensee shall report the theft or loss of a 
     firearm from the licensee's inventory or collection, within 
     48 hours after the theft or loss is discovered, to the 
     Secretary and to the appropriate local authorities.''.

     SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.

       Section 923(g) of title 18, United States Code, as amended 
     by section 110405, is amended by adding at the end the 
     following new paragraph:
       ``(7) Each licensee shall respond immediately to, and in no 
     event later than 24 hours after the receipt of, a request by 
     the Secretary for information contained in the records 
     required to be kept by this chapter as may be required for 
     determining the disposition of 1 or more firearms in the 
     course of a bona fide criminal investigation. The requested 
     information shall be provided orally or in writing, as the 
     Secretary may require. The Secretary shall implement a system 
     whereby the licensee can positively identify and establish 
     that an individual requesting information via telephone is 
     employed by and authorized by the agency to request such 
     information.''.

     SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS 
                   LICENSEES.

       Section 923 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(1) The Secretary of the Treasury shall notify the chief 
     law enforcement officer in the appropriate State and local 
     jurisdictions of the names and addresses of all persons in 
     the State to whom a firearms license is issued.''.
                     Subtitle D--Domestic Violence

     SEC. 110401. 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, as amended by section 110103(b), is 
     amended by inserting at the end the following new paragraph:
       ``(32) 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 title 18, United States Code, 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 new 
     paragraph:
       ``(8) is subject to a court order that restrains such 
     person from harassing, stalking, or threatening an intimate 
     partner of such person or child of such intimate partner or 
     person, or engaging in other conduct that would place an 
     intimate partner in reasonable fear of bodily injury to the 
     partner or child, 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)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; or
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury.''.
       (c) Prohibition Against Receipt of Firearms.--Section 
     922(g) of title 18, United States Code, 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 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 child of 
     such intimate partner or person, or engaging in other conduct 
     that would place an intimate partner in reasonable fear of 
     bodily injury to the partner or child; and
       ``(C)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; or
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury,''.
       (d) Storage of Firearms.--Section 926(a) of title 18, 
     United States Code, 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 title 18, 
     United States Code, 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''.
                    Subtitle E--Gun Crime Penalties

     SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC 
                   FIREARM DURING A CRIME OF VIOLENCE OR A DRUG 
                   TRAFFICKING CRIME.

       (a) Amendment to Sentencing Guidelines.--Pursuant to its 
     authority under section 994 of title 28, United States Code, 
     the United States Sentencing Commission shall amend its 
     sentencing guidelines to provide an appropriate enhancement 
     of the punishment for a crime of violence (as defined in 
     section 924(c)(3) of title 18, United States Code) or a drug 
     trafficking crime (as defined in section 924(c)(2) of title 
     18, United States Code) if a semiautomatic firearm is 
     involved.
       (b) Semiautomatic Firearm.--In subsection (a), 
     ``semiautomatic firearm'' means any repeating firearm that 
     utilizes a portion of the energy of a firing cartridge to 
     extract the fired cartridge case and chamber the next round 
     and that requires a separate pull of the trigger to fire each 
     cartridge.

     SEC. 110502. 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. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

       Section 924 of title 18, United States Code, as amended by 
     section 60013, is amended by adding at the end the following 
     new subsection:
       ``(j) A person who, with intent to engage in or to promote 
     conduct that--
       ``(1) is punishable under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
     Enforcement Act (46 U.S.C. App. 1901 et seq.);
       ``(2) violates any law of a State relating to any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act, 21 U.S.C. 802); or
       ``(3) constitutes a crime of violence (as defined in 
     subsection (c)(3),

     smuggles or knowingly brings into the United States a 
     firearm, or attempts to do so, shall be imprisoned not more 
     than 10 years, fined under this title, or both.''.

     SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

       (a) Firearms.--Section 924 of title 18, United States Code, 
     as amended by section 110203(a), is amended by adding at the 
     end the following new subsection:
       ``(k) A person who steals any firearm which is moving as, 
     or is a part of, or which has moved in, interstate or foreign 
     commerce shall be imprisoned for not more than 10 years, 
     fined under this title, or both.''.
       (b) Explosives.--Section 844 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(k) A person who steals any explosives materials which 
     are moving as, or are a part of, or which have moved in, 
     interstate or foreign commerce shall be imprisoned for not 
     more than 10 years, fined under this title, or both.''.

     SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER 
                   IMPRISONMENT.

       Section 3583 of title 18, United States Code, is amended--
       (1) in subsection (d) by striking ``possess illegal 
     controlled substances'' and inserting ``unlawfully possess a 
     controlled substance'';
       (2) in subsection (e)--
       (A) by striking ``person'' each place such term appears in 
     such subsection and inserting ``defendant''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) revoke a term of supervised release, and require the 
     defendant to serve in prison all or part of the term of 
     supervised release authorized by statute for the offense that 
     resulted in such term of supervised release without credit 
     for time previously served on postrelease supervision, if the 
     court, pursuant to the Federal Rules of Criminal Procedure 
     applicable to revocation of probation or supervised release, 
     finds by a preponderance of the evidence that the defendant 
     violated a condition of supervised release, except that a 
     defendant whose term is revoked under this paragraph may not 
     be required to serve more than 5 years in prison if the 
     offense that resulted in the term of supervised release is a 
     class A felony, more than 3 years in prison if such offense 
     is a class B felony, more than 2 years in prison if such 
     offense is a class C or D felony, or more than one year in 
     any other case; or''; and
       (3) by striking subsection (g) and inserting the following:
       ``(g) Mandatory Revocation for Possession of Controlled 
     Substance or Firearm or for Refusal To Comply With Drug 
     Testing.--If the defendant--
       ``(1) possesses a controlled substance in violation of the 
     condition set forth in subsection (d);
       ``(2) possesses a firearm, as such term is defined in 
     section 921 of this title, in violation of Federal law, or 
     otherwise violates a condition of supervised release 
     prohibiting the defendant from possessing a firearm; or
       ``(3) refuses to comply with drug testing imposed as a 
     condition of supervised release;
     the court shall revoke the term of supervised release and 
     require the defendant to serve a term of imprisonment not to 
     exceed the maximum term of imprisonment authorized under 
     subsection (e)(3).
       ``(h) Supervised Release Following Revocation.--When a term 
     of supervised release is revoked and the defendant is 
     required to serve a term of imprisonment that is less than 
     the maximum term of imprisonment authorized under subsection 
     (e)(3), the court may include a requirement that the 
     defendant be placed on a term of supervised release after 
     imprisonment. The length of such a term of supervised release 
     shall not exceed the term of supervised release authorized by 
     statute for the offense that resulted in the original term of 
     supervised release, less any term of imprisonment that was 
     imposed upon revocation of supervised release.
       ``(i) Delayed Revocation.--The power of the court to revoke 
     a term of supervised release for violation of a condition of 
     supervised release, and to order the defendant to serve a 
     term of imprisonment and, subject to the limitations in 
     subsection (h), a further term of supervised release, extends 
     beyond the expiration of the term of supervised release for 
     any period reasonably necessary for the adjudication of 
     matters arising before its expiration if, before its 
     expiration, a warrant or summons has been issued on the basis 
     of an allegation of such a violation.''.

     SEC. 110506. REVOCATION OF PROBATION.

       (a) In General.--Section 3565(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2) by striking ``impose any other 
     sentence that was available under subchapter A at the time of 
     the initial sentencing'' and inserting ``resentence the 
     defendant under subchapter A''; and
       (2) by striking the last sentence.
       (b) Mandatory Revocation.--Section 3565(b) of title 18, 
     United States Code, is amended to read as follows:
       ``(b) Mandatory Revocation for Possession of Controlled 
     Substance or Firearm or Refusal To Comply With Drug 
     Testing.--If the defendant--
       ``(1) possesses a controlled substance in violation of the 
     condition set forth in section 3563(a)(3);
       ``(2) possesses a firearm, as such term is defined in 
     section 921 of this title, in violation of Federal law, or 
     otherwise violates a condition of probation prohibiting the 
     defendant from possessing a firearm; or
       ``(3) refuses to comply with drug testing, thereby 
     violating the condition imposed by section 3563(a)(4),
     the court shall revoke the sentence of probation and 
     resentence the defendant under subchapter A to a sentence 
     that includes a term of imprisonment.''.

     SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, 
                   MATERIAL STATEMENT IN CONNECTION WITH THE 
                   ACQUISITION OF A FIREARM FROM A LICENSED 
                   DEALER.

       Section 924(a) of title 18, United States Code, is 
     amended--
       (1) in subsection (a)(1)(B) by striking ``(a)(6),''; and
       (2) in subsection (a)(2) by inserting ``(a)(6),'' after 
     ``subsections''.

     SEC. 110508. 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. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO 
                   FORFEITURE.

       Section 844(c) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Notwithstanding paragraph (1), in the case of the 
     seizure of any explosive materials for any offense for which 
     the materials would be subject to forfeiture in which it 
     would be impracticable or unsafe to remove the materials to a 
     place of storage or would be unsafe to store them, the 
     seizing officer may destroy the explosive materials 
     forthwith. Any destruction under this paragraph shall be in 
     the presence of at least 1 credible witness. The seizing 
     officer shall make a report of the seizure and take samples 
     as the Secretary may by regulation prescribe.
       ``(3) Within 60 days after any destruction made pursuant to 
     paragraph (2), the owner of (including any person having an 
     interest in) the property so destroyed may make application 
     to the Secretary for reimbursement of the value of the 
     property. If the claimant establishes to the satisfaction of 
     the Secretary that--
       ``(A) the property has not been used or involved in a 
     violation of law; or
       ``(B) any unlawful involvement or use of the property was 
     without the claimant's knowledge, consent, or willful 
     blindness,
     the Secretary shall make an allowance to the claimant not 
     exceeding the value of the property destroyed.''.

     SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO 
                   PAROLE.

       (a) Section 924(e)(1) of Title 18.--Section 924(e)(1) of 
     title 18, United States Code, is amended by striking ``, and 
     such person shall not be eligible for parole with respect to 
     the sentence imposed under this subsection''.
       (b) Section 924(c)(1) of Title 18.--Section 924(c)(1) of 
     title 18, United States Code, is amended by striking ``No 
     person sentenced under this subsection shall be eligible for 
     parole during the term of imprisonment imposed under this 
     subsection.''.

     SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN 
                   FIREARMS WHICH HAVE MOVED IN INTERSTATE OR 
                   FOREIGN COMMERCE.

       Section 922(j) of title 18, United States Code, is amended 
     to read as follows:
       ``(j) It shall be unlawful for any person to receive, 
     possess, conceal, store, barter, sell, or dispose of any 
     stolen firearm or stolen ammunition, or pledge or accept as 
     security for a loan any stolen firearm or stolen ammunition, 
     which is moving as, which is a part of, which constitutes, or 
     which has been shipped or transported in, interstate or 
     foreign commerce, either before or after it was stolen, 
     knowing or having reasonable cause to believe that the 
     firearm or ammunition was stolen.''.

     SEC. 110512. USING A FIREARM IN THE COMMISSION OF 
                   COUNTERFEITING OR FORGERY.

       Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall amend its sentencing guidelines to provide an 
     appropriate enhancement of the punishment for a defendant 
     convicted of a felony under chapter 25 of title 18, United 
     States Code, if the defendant used or carried a firearm (as 
     defined in section 921(a)(3) of title 18, United States Code) 
     during and in relation to the felony.

     SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY 
                   VIOLENT FELONS AND SERIOUS DRUG OFFENDERS.

       Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall amend its sentencing guidelines to--
       (1) appropriately enhance penalties in cases in which a 
     defendant convicted under section 922(g) of title 18, United 
     States Code, has 1 prior conviction by any court referred to 
     in section 922(g)(1) of title 18 for a violent felony (as 
     defined in section 924(e)(2)(B) of that title) or a serious 
     drug offense (as defined in section 924(e)(2)(A) of that 
     title); and
       (2) appropriately enhance penalties in cases in which such 
     a defendant has 2 prior convictions for a violent felony (as 
     so defined) or a serious drug offense (as so defined).

     SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.

       Section 922(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(9) for any person, other than a licensed importer, 
     licensed manufacturer, licensed dealer, or licensed 
     collector, who does not reside in any State to receive any 
     firearms unless such receipt is for lawful sporting 
     purposes.''.

     SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

       (a) Firearms.--Section 924 of title 18, United States Code, 
     as amended by section 110504(a), is amended by adding at the 
     end the following new subsection:
       ``(l) A person who steals any firearm from a licensed 
     importer, licensed manufacturer, licensed dealer, or licensed 
     collector shall be fined under this title, imprisoned not 
     more than 10 years, or both.''.
       (b) Explosives.--Section 844 of title 18, United States 
     Code, as amended by section 110204(b), is amended by adding 
     at the end the following new subsection:
       ``(l) A person who steals any explosive material from a 
     licensed importer, licensed manufacturer, or licensed dealer, 
     or from any permittee shall be fined under this title, 
     imprisoned not more than 10 years, or both.''.

     SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

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

     SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN 
                   TRAFFICKING.

       Section 924 of title 18, United States Code, as amended by 
     section 110515(a), is amended by adding at the end the 
     following new subsection:
       ``(m) A person who, with the intent to engage in conduct 
     that constitutes a violation of section 922(a)(1)(A), travels 
     from any State or foreign country into any other State and 
     acquires, or attempts to acquire, a firearm in such other 
     State in furtherance of such purpose shall be imprisoned for 
     not more than 10 years.''.

     SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.

       (a) Firearms.--Section 924 of title 18, United States Code, 
     as amended by section 110517(a), is amended by adding at the 
     end the following new subsection:
       ``(n) A person who conspires to commit an offense under 
     subsection (c) shall be imprisoned for not more than 20 
     years, fined under this title, or both; and if the firearm is 
     a machinegun or destructive device, or is equipped with a 
     firearm silencer or muffler, shall be imprisoned for any term 
     of years or life.''.
       (b) Explosives.--Section 844 of title 18, United States 
     Code, as amended by section 110515(b), is amended by adding 
     at the end the following new subsection:
       ``(m) A person who conspires to commit an offense under 
     subsection (h) shall be imprisoned for any term of years not 
     exceeding 20, fined under this title, or both.

     SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.

       Section 921(a)(17) of title 18, United States Code, is 
     amended by revising subparagraph (B) and adding a new 
     subparagraph (C) to read as follows:
       ``(B) The term `armor piercing ammunition' means--
       ``(i) a projectile or projectile core which may be used in 
     a handgun and which is constructed entirely (excluding the 
     presence of traces of other substances) from one or a 
     combination of tungsten alloys, steel, iron, brass, bronze, 
     beryllium copper, or depleted uranium; or
       ``(ii) a full jacketed projectile larger than .22 caliber 
     designed and intended for use in a handgun and whose jacket 
     has a weight of more than 25 percent of the total weight of 
     the projectile.
       ``(C) The term `armor piercing ammunition' does not include 
     shotgun shot required by Federal or State environmental or 
     game regulations for hunting purposes, a frangible projectile 
     designed for target shooting, a projectile which the 
     Secretary finds is primarily intended to be used for sporting 
     purposes, or any other projectile or projectile core which 
     the Secretary finds is intended to be used for industrial 
     purposes, including a charge used in an oil and gas well 
     perforating device.''.
                          TITLE XII--TERRORISM

     SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR 
                   CERTAIN TERRORISM OFFENSES.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by inserting after section 3285 the 
     following new section:

     ``Sec. 3286. Extension of statute of limitation for certain 
       terrorism offenses

       ``Notwithstanding section 3282, no person shall be 
     prosecuted, tried, or punished for any offense involving a 
     violation of section 32 (aircraft destruction), section 36 
     (airport violence), section 112 (assaults upon diplomats), 
     section 351 (crimes against Congressmen or Cabinet officers), 
     section 1116 (crimes against diplomats), section 1203 
     (hostage taking), section 1361 (willful injury to government 
     property), section 1751 (crimes against the President), 
     section 2280 (maritime violence), section 2281 (maritime 
     platform violence), section 2331 (terrorist acts abroad 
     against United States nationals), section 2339 (use of 
     weapons of mass destruction), or section 2340A (torture) of 
     this title or section 46502, 46504, 46505, or 46506 of title 
     49, unless the indictment is found or the information is 
     instituted within 8 years after the offense was committed.''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall not apply to any offense committed more 
     than 5 years prior to the date of enactment of this Act.
       (c) Technical Amendment.--The chapter analysis for chapter 
     213 of title 18, United States Code, is amended by inserting 
     after the item relating to section 3285 the following new 
     item:

``3286. Extension of statute of limitation for certain terrorism 
              offenses.''.

     SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES 
                   NATIONALS ON CERTAIN FOREIGN SHIPS.

       Section 7 of title 18, United States Code (relating to the 
     special maritime and territorial jurisdiction of the United 
     States), is amended by inserting at the end thereof the 
     following new paragraph:
       ``(8) To the extent permitted by international law, any 
     foreign vessel during a voyage having a scheduled departure 
     from or arrival in the United States with respect to an 
     offense committed by or against a national of the United 
     States.''.

     SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

       (a) In General.--Chapter 25 of title 18, United States 
     Code, is amended by adding before section 471 the following 
     new section:

     ``Sec. 470. Counterfeit acts committed outside the United 
       States

       ``A person who, outside the United States, engages in the 
     act of--
       ``(1) making, dealing, or possessing any counterfeit 
     obligation or other security of the United States; or
       ``(2) making, dealing, or possessing any plate, stone, or 
     other thing, or any part thereof, used to counterfeit such 
     obligation or security,
     if such act would constitute a violation of section 471, 473, 
     or 474 if committed within the United States, shall be fined 
     under this title, imprisoned not more than 20 years, or 
     both.''.
       (b) Technical Amendments.--
       (1) Chapter analysis.--The chapter analysis for chapter 25 
     of title 18, United States Code, is amended by adding before 
     section 471 the following new item:

``470. Counterfeit acts committed outside the United States.''.
       (2) Part analysis.--The part analysis for part I of title 
     18, United States Code, is amended by amending the item for 
     chapter 25 to read as follows:

``25. Counterfeiting and forgery.............................470''.....

     SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST 
                   CRIMES.

       The United States Sentencing Commission is directed to 
     amend its sentencing guidelines to provide an appropriate 
     enhancement for any felony, whether committed within or 
     outside the United States, that involves or is intended to 
     promote international terrorism, unless such involvement or 
     intent is itself an element of the crime.

     SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

       (a) Offense.--Chapter 113A of title 18, United States Code, 
     is amended by adding the following new section:

     ``Sec. 2339A. Providing material support to terrorists

       ``(a) Definition.--In this section, `material support or 
     resources' means currency or other financial securities, 
     financial services, lodging, training, safehouses, false 
     documentation or identification, communications equipment, 
     facilities, weapons, lethal substances, explosives, 
     personnel, transportation, and other physical assets, but 
     does not include humanitarian assistance to persons not 
     directly involved in such violations.
       ``(b) Offense.--A person who, within the United States, 
     provides material support or resources or conceals or 
     disguises the nature, location, source, or ownership of 
     material support or resources, knowing or intending that they 
     are to be used in preparation for, or in carrying out, a 
     violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 
     1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this 
     title or section 46502 of title 49, or in preparation for or 
     carrying out the concealment of an escape from the commission 
     of any such violation, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(c) Investigations.--
       ``(1) In general.--Within the United States, an 
     investigation may be initiated or continued under this 
     section only when facts reasonably indicate that--
       ``(A) in the case of an individual, the individual 
     knowingly or intentionally engages, has engaged, or is about 
     to engage in the violation of this or any other Federal 
     criminal law; and
       ``(B) in the case of a group of individuals, the group 
     knowingly or intentionally engages, has engaged, or is about 
     to engage in the violation of this or any other Federal 
     criminal law.
       ``(2) Activities protected by the first amendment.--An 
     investigation may not be initiated or continued under this 
     section based on activities protected by the First Amendment 
     to the Constitution, including expressions of support or the 
     provision of financial support for the nonviolent political, 
     religious, philosophical, or ideological goals or beliefs of 
     any person or group.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     113A of title 18, United States Code, is amended by adding 
     the following new item:

``2339A. Providing material support to terrorists.''.
        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

     SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, 
                   OR REENTERING, AFTER FINAL ORDER OF 
                   DEPORTATION.

       (a) Failure To Depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (1) by striking ``paragraph (2), (3), or (4) of'' the first 
     time it appears; and
       (2) by striking ``shall be imprisoned not more than ten 
     years'' and inserting ``shall be imprisoned not more than 
     four years, or shall be imprisoned not more than ten years if 
     the alien is a member of any of the classes described in 
     paragraph (1)(E), (2), (3), or (4) of section 241(a).''.
       (b) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors involving drugs, crimes against 
     the person, or both, or''; and
       (B) by striking ``5'' and inserting ``10'';
       (2) in paragraph (2), by striking ``15'' and inserting 
     ``20''; and
       (3) by adding at the end the following sentence:
     ``For the purposes of this subsection, the term `deportation' 
     includes any agreement in which an alien stipulates to 
     deportation during a criminal trial under either Federal or 
     State law.''.

     SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

       (a) Operation.--The Attorney General shall, under the 
     authority of section 242(a)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal 
     alien tracking center.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $3,400,000 for fiscal year 1996;
       (2) $3,600,000 for fiscal year 1997;
       (3) $3,700,000 for fiscal year 1998;
       (4) $3,800,000 for fiscal year 1999; and
       (5) $3,900,000 for fiscal year 2000.

     SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM 
                   INFORMATION.

       (a) Establishment of New Nonimmigrant Classification.--
     Section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) is amended--
       (1) by striking ``or'' at the end of subparagraph (Q),
       (2) by striking the period at the end of subparagraph (R) 
     and inserting ``; or'', and
       (3) by adding at the end the following new subparagraph:
       ``(S) subject to section 214(j), an alien--
       ``(i) who the Attorney General determines--
       ``(I) is in possession of critical reliable information 
     concerning a criminal organization or enterprise;
       ``(II) is willing to supply or has supplied such 
     information to Federal or State law enforcement authorities 
     or a Federal or State court; and
       ``(III) whose presence in the United States the Attorney 
     General determines is essential to the success of an 
     authorized criminal investigation or the successful 
     prosecution of an individual involved in the criminal 
     organization or enterprise; or
       ``(ii) who the Secretary of State and the Attorney General 
     jointly determine--
       ``(I) is in possession of critical reliable information 
     concerning a terrorist organization, enterprise, or 
     operation;
       ``(II) is willing to supply or has supplied such 
     information to Federal law enforcement authorities or a 
     Federal court;
       ``(III) will be or has been placed in danger as a result of 
     providing such information; and
       ``(IV) is eligible to receive a reward under section 36(a) 
     of the State Department Basic Authorities Act of 1956,

     and, if the Attorney General (or with respect to clause (ii), 
     the Secretary of State and the Attorney General jointly) 
     considers it to be appropriate, the spouse, married and 
     unmarried sons and daughters, and parents of an alien 
     described in clause (i) or (ii) if accompanying, or following 
     to join, the alien.''.
       (b) Conditions of Entry.--
       (1) Waiver of grounds for exclusion.--Section 212(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended 
     by inserting at the beginning the following new paragraph:
       ``(1) The Attorney General shall determine whether a ground 
     for exclusion exists with respect to a nonimmigrant described 
     in section 101(a)(15)(S). The Attorney General, in the 
     Attorney General's discretion, may waive the application of 
     subsection (a) (other than paragraph (3)(E)) in the case of a 
     nonimmigrant described in section 101(a)(15)(S), if the 
     Attorney General considers it to be in the national interest 
     to do so. Nothing in this section shall be regarded as 
     prohibiting the Immigration and Naturalization Service from 
     instituting deportation proceedings against an alien admitted 
     as a nonimmigrant under section 101(a)(15)(S) for conduct 
     committed after the alien's admission into the United States, 
     or for conduct or a condition that was not disclosed to the 
     Attorney General prior to the alien's admission as a 
     nonimmigrant under section 101(a)(15)(S).''.
       (2) Numerical limitations; period of admission; etc.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184) is amended by adding at the end the following new 
     subsection:
       ``(j)(1) The number of aliens who may be provided a visa as 
     nonimmigrants under section 101(a)(15)(S)(i) in any fiscal 
     year may not exceed 100. The number of aliens who may be 
     provided a visa as nonimmigrants under section 
     101(a)(15)(S)(ii) in any fiscal year may not exceed 25.
       ``(2) No alien may be admitted into the United States as 
     such a nonimmigrant more than 5 years after the date of the 
     enactment of this subsection.
       ``(3) The period of admission of an alien as such a 
     nonimmigrant may not exceed 3 years. Such period may not be 
     extended by the Attorney General.
       ``(4) As a condition for the admission, and continued stay 
     in lawful status, of such a nonimmigrant, the nonimmigrant--
       ``(A) shall report not less often than quarterly to the 
     Attorney General such information concerning the alien's 
     whereabouts and activities as the Attorney General may 
     require;
       ``(B) may not be convicted of any criminal offense 
     punishable by a term of imprisonment of 1 year or more after 
     the date of such admission;
       ``(C) must have executed a form that waives the 
     nonimmigrant's right to contest, other than on the basis of 
     an application for withholding of deportation, any action for 
     deportation of the alien instituted before the alien obtains 
     lawful permanent resident status; and
       ``(D) shall abide by any other condition, limitation, or 
     restriction imposed by the Attorney General.
       ``(5) The Attorney General shall submit a report annually 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate concerning--
       ``(A) the number of such nonimmigrants admitted;
       ``(B) the number of successful criminal prosecutions or 
     investigations resulting from cooperation of such aliens;
       ``(C) the number of terrorist acts prevented or frustrated 
     resulting from cooperation of such aliens;
       ``(D) the number of such nonimmigrants whose admission or 
     cooperation has not resulted in successful criminal 
     prosecution or investigation or the prevention or frustration 
     of a terrorist act; and
       ``(E) the number of such nonimmigrants who have failed to 
     report quarterly (as required under paragraph (4)) or who 
     have been convicted of crimes in the United States after the 
     date of their admission as such a nonimmigrant.''.
       (3) Prohibition of change of status.--Section 248(1) of the 
     Immigration and Naturalization Act (8 U.S.C. 1258(1)) is 
     amended by striking ``or (K)'' and inserting ``(K), or (S)''.
       (c) Adjustment to Permanent Resident Status.--
       (1) In general.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) is amended by adding at the 
     end the following new subsection:
       ``(i)(1) If, in the opinion of the Attorney General--
       ``(A) a nonimmigrant admitted into the United States under 
     section 101(a)(15)(S)(i) has supplied information described 
     in subclause (I) of such section; and
       ``(B) the provision of such information has substantially 
     contributed to the success of an authorized criminal 
     investigation or the prosecution of an individual described 
     in subclause (III) of that section,

     the Attorney General may adjust the status of the alien (and 
     the spouse, married and unmarried sons and daughters, and 
     parents of the alien if admitted under that section) to that 
     of an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(2) If, in the sole discretion of the Attorney General--
       ``(A) a nonimmigrant admitted into the United States under 
     section 101(a)(15)(S)(ii) has supplied information described 
     in subclause (I) of such section, and
       ``(B) the provision of such information has substantially 
     contributed to--
       ``(i) the prevention or frustration of an act of terrorism 
     against a United States person or United States property, or
       ``(ii) the success of an authorized criminal investigation 
     of, or the prosecution of, an individual involved in such an 
     act of terrorism, and
       ``(C) the nonimmigrant has received a reward under section 
     36(a) of the State Department Basic Authorities Act of 1956,
     the Attorney General may adjust the status of the alien (and 
     the spouse, married and unmarried sons and daughters, and 
     parents of the alien if admitted under such section) to that 
     of an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(3) Upon the approval of adjustment of status under 
     paragraphs (1) or (2), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval and the Secretary of State shall reduce 
     by one the number of visas authorized to be issued under 
     sections 201(d) and 203(b)(4) for the fiscal year then 
     current.''.
       (2) Exclusive means of adjustment.--Section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended 
     by striking ``or'' before ``(4)'' and by inserting before the 
     period at the end the following: ``; or (5) an alien who was 
     admitted as a nonimmigrant described in section 
     101(a)(15)(S)''.
       (d) Extension of Period of Deportation for Conviction of a 
     Crime.--Section 241(a)(2)(A)(i)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by 
     inserting ``(or 10 years in the case of an alien provided 
     lawful permanent resident status under section 245(i))'' 
     after ``five years''.

     SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL 
                   ALIENS WHO ARE NOT PERMANENT RESIDENTS.

       (a) Elimination of Administrative Hearing for Certain 
     Criminal Aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following new subsection:
       ``(b) Deportation of Aliens Who Are Not Permanent 
     Residents.--
       ``(1) The Attorney General may, in the case of an alien 
     described in paragraph (2), determine the deportability of 
     such alien under section 241(a)(2)(A)(iii) (relating to 
     conviction of an aggravated felony) and issue an order of 
     deportation pursuant to the procedures set forth in this 
     subsection or section 242(b).
       ``(2) An alien is described in this paragraph if the 
     alien--
       ``(A) was not lawfully admitted for permanent residence at 
     the time at which proceedings under this section commenced; 
     and
       ``(B) is not eligible for any relief from deportation under 
     this Act.
       ``(3) The Attorney General may not execute any order 
     described in paragraph (1) until 30 calendar days have passed 
     from the date that such order was issued, unless waived by 
     the alien, in order that the alien has an opportunity to 
     apply for judicial review under section 106.
       ``(4) Proceedings before the Attorney General under this 
     subsection shall be in accordance with such regulations as 
     the Attorney General shall prescribe. The Attorney General 
     shall provide that--
       ``(A) the alien is given reasonable notice of the charges 
     and of the opportunity described in subparagraph (C);
       ``(B) the alien shall have the privilege of being 
     represented (at no expense to the government) by such 
     counsel, authorized to practice in such proccedings, as the 
     alien shall choose;
       ``(C) the alien has a reasonable opportunity to inspect the 
     evidence and rebut the charges;
       ``(D) the determination of deportability is supported by 
     clear, convincing, and unequivocal evidence and a record is 
     maintained for judicial review; and
       ``(E) the final order of deportation is not entered by the 
     same person who issues the charges.''.
       (b) Limited Judicial Review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (2) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``aggravated felony''; and
       (3) by adding at the end the following new subsection:
       ``(d)(1) A petition for review or for habeas corpus on 
     behalf of an alien against whom a final order of deportation 
     has been issued pursuant to section 242A(b) may challenge 
     only--
       ``(A) whether the alien is in fact the alien described in 
     the order;
       ``(B) whether the alien is in fact an alien described in 
     section 242A(b)(2);
       ``(C) whether the alien has been convicted of an aggravated 
     felony and such conviction has become final; and
       ``(D) whether the alien was afforded the procedures 
     required by section 242A(b)(5).
       ``(2) No court shall have jurisdiction to review any issue 
     other than an issue described in paragraph (1).''.
       (c) Technical Amendments.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended--
       (1) by amending the heading to read as follows:


 ``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED 
                              FELONIES'';

       (2) in subsection (a), as designated prior to enactment of 
     this Act, by striking ``(a) In General.--'' and inserting the 
     following:
       ``(a) Deportation of Criminal Aliens.--
       ``(1) in general.--'';
       (3) in subsection (b), as designated prior to enactment of 
     this Act, by striking ``(b) Implementation.--'' and inserting 
     ``(2) Implementation.--'';
       (4) by striking subsection (c);
       (5) in subsection (d)--
       (A) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) expedited proceedings.--(A)''; and
       (B) by striking ``(2)'' and inserting ``(B)''; and
       (6) in subsection (e)--
       (A) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     review.--(A)'';
       (B) by striking the second sentence; and
       (C) by striking ``(2)'' and inserting ``(B)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.

     SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM 
                   APPLICANTS.

       (a) In General.--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) Employment Authorization.--Section 208 of the 
     Immigration and Nationality Act (8 U.S.C. 1158) is amended by 
     adding at the end the following new subsection:
       ``(e) An applicant for asylum is not entitled to employment 
     authorization except as may be provided by regulation in the 
     discretion of the Attorney General.''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $64,000,000 for fiscal year 1995;
       (2) $90,000,000 for fiscal year 1996;
       (3) $93,000,000 for fiscal year 1997; and
       (4) $91,000,000 for fiscal year 1998.

     SEC. 130006. IMPROVING BORDER CONTROLS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Immigration and Naturalization 
     Service to increase the 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--
       (1) $228,000,000 for fiscal year 1995;
       (2) $185,000,000 for fiscal year 1996;
       (3) $204,000,000 for fiscal year 1997;
       (4) $58,000,000 for fiscal year 1998.
       Of the sums authorized in this section, all necessary funds 
     shall, subject to the availability of appropriations, be 
     allocated to increase the number of agent positions (and 
     necessary support personnel positions) in the Border Patrol 
     by not less than 1,000 full-time equivalent positions in each 
     of fiscal years 1995, 1996, 1997, and 1998 beyond the number 
     funded as of October 1, 1994.
       (b) Report.--By September 30, 1996 and September 30, 1998, 
     the Attorney General shall report to the Congress on the 
     programs described in this section. The report shall include 
     an evaluation of the programs, an outcome-based measurement 
     of performance, and an analysis of the cost effectiveness of 
     the additional resources provided under this Act.

     SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

       (a) In General.--Subject to the availability of 
     appropriations, the Attorney General may expand the program 
     authorized by section 242A(d) and 242(i) of the Immigration 
     and Nationality Act to ensure that such aliens are 
     immediately deportable upon their release from incarceration.
       (b) Detention and Removal of Criminal Aliens.--Subject to 
     the availability of appropriations, the Attorney General 
     may--
       (1) construct or contract for the construction of 2 
     Immigration and Naturalization Service Processing Centers to 
     detain criminal aliens; and
       (2) provide for the detention and removal of such aliens.
       (c) Report.--By September 30, 1996, and September 30, 1998 
     the Attorney General shall report to the Congress on the 
     programs referred to in subsections (a) and (b). The report 
     shall include an evaluation of the programs, an outcome-based 
     measurement of performance, and an analysis of the cost 
     effectiveness of the additional resources provided under this 
     Act.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $55,000,000 for fiscal year 1995;
       (2) $54,000,000 for fiscal year 1996;
       (3) $49,000,000 for fiscal year 1997; and
       (4) $2,000,000 for fiscal year 1998.

     SEC. 130008. 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, may 
     accept, hold, administer, and utilize gifts of property and 
     services (which may not include cash assistance) from State 
     and local governments for the purpose of assisting the 
     Immigration and Naturalization Service in the transportation 
     of deportable aliens who are arrested 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 departure under safeguards. 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 by law enforcement 
     officials on the basis of race, color, or national origin.

     SEC. 130009. 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, 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, 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, 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, imprisoned not more than 5 
     years''; and
       (6) by adding at the end the following new section:

     ``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)) is 15 years; and
       ``(2) if committed to facilitate an act of international 
     terrorism (as defined in section 2331) is 20 years.''.
       (b) Technical Amendment.--The chapter analysis for 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.''.

     SEC. 130010. ASYLUM.

       (a) Findings.--The Senate finds that--
       (1) in the last decade applications for asylum have greatly 
     exceeded the original 5,000 annual limit provided in the 
     Refugee Act of 1980, with more than 150,000 asylum 
     applications filed in fiscal year 1993, and the backlog of 
     cases growing to 340,000;
       (2) this flood of asylum claims has swamped the system, 
     creating delays in the processing of applications of up to 
     several years;
       (3) the delay in processing asylum claims due to the 
     overwhelming numbers has contributed to numerous problems, 
     including--
       (A) an abuse of the asylum laws by fraudulent applicants 
     whose primary interest is obtaining work authority in the 
     United States while their claim languishes in the backlogged 
     asylum processing system;
       (B) the growth of alien smuggling operations, often 
     involving organized crime;
       (C) a drain on limited resources resulting from the high 
     cost of processing frivolous asylum claims through our 
     multilayered system; and
       (D) an erosion of public support for asylum, which is a 
     treaty obligation.
       (4) asylum, a safe haven protection for aliens abroad who 
     cannot return home, has been perverted by some aliens who use 
     asylum claims to circumvent our immigration and refugee laws 
     and procedures; and
       (5) a comprehensive revision of our asylum law and 
     procedures is required to address these problems.
       (b) Policy.--It is the sense of the Senate that--
       (1) asylum is a process intended to protect aliens in the 
     United States who cannot safely return home;
       (2) persons outside their country of nationality who have a 
     well-founded fear of persecution if they return should apply 
     for refugee status at one of our refugee processing offices 
     abroad; and
       (3) the immigration, refugee and asylum laws of the United 
     States should be reformed to provide--
       (A) a procedure for the expeditious exclusion of any asylum 
     applicant who arrives at a port-of-entry with fraudulent 
     documents, or no documents, and makes a noncredible claim of 
     asylum; and
       (B) the immigration, refugee and asylum laws of the United 
     States should be reformed to provide for a streamlined 
     affirmative asylum processing system for asylum applicants 
     who make their application after they have entered the United 
     States.
                       TITLE XIV--YOUTH VIOLENCE

     SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR 
                   CRIMES OF VIOLENCE.

       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), `thirteen' shall be substituted for `fifteen' and 
     `thirteenth' shall be substituted for `fifteenth'. 
     Notwithstanding sections 1152 and 1153, 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), 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''.

     SEC. 140002. 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. 140003. 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.

     SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.

       Section 501(b) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by 
     section 100003, is amended--
       (1) by striking ``and'' at the end of paragraph (21);
       (2) by striking the period at the end of paragraph (22) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(23) programs that address the need for effective 
     bindover systems for the prosecution of violent 16- and 17-
     year-old juveniles in courts with jurisdiction over adults 
     for the crimes of--
       ``(A) murder in the first degree;
       ``(B) murder in the second degree;
       ``(C) attempted murder;
       ``(D) armed robbery when armed with a firearm;
       ``(E) aggravated battery or assault when armed with a 
     firearm;
       ``(F) criminal sexual penetration when armed with a 
     firearm; and
       ``(G) drive-by shootings as described in section 36 of 
     title 18, United States Code.''.

     SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED 
                   BY JUVENILES.

       Section 5038 of title 18, United States Code, is amended in 
     subsection (f) by adding ``or whenever a juvenille has been 
     found guilty of committing an act after his 13th birthday 
     which if committed by an adult would be an offense described 
     in the second sentence of the fourth paragraph of section 
     5032 of this title,'' after ``title 21,''.

     SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO 
                   DISTRIBUTE DRUGS NEAR SCHOOLS AND PLAYGROUNDS.

       Section 419 of the Controlled Substances Act (21 U.S.C. 
     860) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Notwithstanding any other law, any person at least 21 
     years of age who knowingly and intentionally--
       ``(1) employs, hires, uses, persuades, induces, entices, or 
     coerces a person under 18 years of age to violate this 
     section; or
       ``(2) employs, hires, uses, persuades, induces, entices, or 
     coerces a person under 18 years of age to assist in avoiding 
     detection or apprehension for any offense under this section 
     by any Federal, State, or local law enforcement official,
     is punishable by a term of imprisonment, a fine, or both, up 
     to triple those authorized by section 401.''.

     SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES 
                   INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT 
                   CONTRACT KILLINGS.

       (a) Travel Act Penalties.--Section 1952(a) of title 18, 
     United States Code, is amended by striking ``and thereafter 
     performs or attempts to perform any of the acts specified in 
     subparagraphs (1), (2), and (3), shall be fined not more than 
     $10,000 or imprisoned for not more than five years, or 
     both.'' and inserting ``and thereafter performs or attempts 
     to perform--
       ``(A) an act described in paragraph (1) or (3) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both; or
       ``(B) an act described in paragraph (2) shall be fined 
     under this title, imprisoned for not more than 20 years, or 
     both, and if death results shall be imprisoned for any term 
     of years or for life.''.
       (b) Murder Conspiracy Penalties.--Section 1958(a) of title 
     18, United States Code, is amended by inserting ``or who 
     conspires to do so'' before ``shall be fined'' the first 
     place it appears.

     SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.

       (a) Directive to Sentencing Commission.--(1) The United 
     States Sentencing Commission shall promulgate guidelines or 
     amend existing guidelines to provide that a defendant 21 
     years of age or older who has been convicted of an offense 
     shall receive an appropriate sentence enhancement if the 
     defendant involved a minor in the commission of the offense.
       (2) The Commission shall provide that the guideline 
     enhancement promulgated pursuant to paragraph (1) shall apply 
     for any offense in relation to which the defendant has 
     solicited, procured, recruited, counseled, encouraged, 
     trained, directed, commanded, intimidated, or otherwise used 
     or attempted to use any person less than 18 years of age with 
     the intent that the minor would commit a Federal offense.
       (b) Relevant Considerations.--In implementing the directive 
     in subsection (a), the Sentencing Commission shall consider--
       (1) the severity of the crime that the defendant intended 
     the minor to commit;
       (2) the number of minors that the defendant used or 
     attempted to use in relation to the offense;
       (3) the fact that involving a minor in a crime of violence 
     is frequently of even greater seriousness than involving a 
     minor in a drug trafficking offense, for which the guidelines 
     already provide a two-level enhancement; and
       (4) the possible relevance of the proximity in age between 
     the offender and the minor(s) involved in the offense.
                    TITLE XV--CRIMINAL STREET GANGS

     SEC. 150001. CRIMINAL STREET GANGS.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 25 the following new 
     chapter:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

     ``Sec. 521. Criminal street gangs

       ``(a) Definitions.--
       `` `conviction' includes a finding, under State or Federal 
     law, that a person has committed an act of juvenile 
     delinquency involving a violent or controlled substances 
     felony.
       `` `criminal street gang' means an ongoing group, club, 
     organization, or association of 5 or more persons--
       ``(A) that has as 1 of its primary purposes the commission 
     of 1 or more of the criminal offenses described in subsection 
     (c);
       ``(B) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subsection (c); and
       ``(C) the activities of which affect interstate or foreign 
     commerce.
       ``(b) Penalty.--The sentence of a person convicted of an 
     offense described in subsection (c) shall be increased by up 
     to 10 years if the offense is committed under the 
     circumstances described in subsection (d).
       ``(c) Offenses.--The offenses described in this section 
     are--
       ``(1) a Federal felony involving a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)) for which the maximum penalty is not less than 5 
     years;
       ``(2) a Federal felony crime of violence that has as an 
     element the use or attempted use of physical force against 
     the person of another; and
       ``(3) a conspiracy to commit an offense described in 
     paragraph (1) or (2).
       ``(d) Circumstances.--The circumstances described in this 
     section are that the offense described in subsection (c) was 
     committed by a person who--
       ``(1) participates in a criminal street gang with knowledge 
     that its members engage in or have engaged in a continuing 
     series of offenses described in subsection (c);
       ``(2) intends to promote or further the felonious 
     activities of the criminal street gang or maintain or 
     increase his or her position in the gang; and
       ``(3) has been convicted within the past 5 years for--
       ``(A) an offense described in subsection (c);
       ``(B) a State offense--
       ``(i) involving a controlled substance (as defined in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802)) 
     for which the maximum penalty is not less than 5 years' 
     imprisonment; or
       ``(ii) that is a felony crime of violence that has as an 
     element the use or attempted use of physical force against 
     the person of another;
       ``(C) any Federal or State felony offense 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; or
       ``(D) a conspiracy to commit an offense described in 
     subparagraph (A), (B), or (C).''.
       (b) Technical Amendment.--The part analysis for part I of 
     title 18, United States Code, is amended by inserting after 
     the item relating to chapter 25 the following new item:

``26. Criminal street gangs..................................521''.....

     SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

       Section 5032 of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph by striking 
     ``922(p)'' and inserting ``924(b), (g), or (h)'';
       (2) in the fourth undesignated paragraph by inserting ``or 
     in section 924(b), (g), or (h) of this title,'' before 
     ``criminal prosecution'' the first place it appears; and
       (3) in the fifth undesignated paragraph by adding at the 
     end the following: ``In considering the nature of the 
     offense, as required by this paragraph, the court shall 
     consider the extent to which the juvenile played a leadership 
     role in an organization, or otherwise influenced other 
     persons to take part in criminal activities, involving the 
     use or distribution of controlled substances or firearms. 
     Such a factor, if found to exist, shall weigh in favor of a 
     transfer to adult status, but the absence of this factor 
     shall not preclude such a transfer.''.

     SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING 
                   OBJECTIVE.

       Section 501(b) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by 
     section 140004, is amended--
       (1) by striking ``and'' at the end of paragraph (22);
       (2) by striking the period at the end of paragraph (23) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(24) law enforcement and prevention programs relating to 
     gangs, or to youth who are involved or at risk of involvement 
     in gangs.''.

     SEC. 150004. MENTORING PROGRAM.

       Section 288C of part G of title II of the Juvenile Justice 
     and Delinquency Prevention Act of 1974 is amended to read as 
     follows:


                      ``REGULATIONS AND GUIDELINES

       ``Sec. 288C. (a) Program Guidelines.--The Administrator 
     shall issue program guidelines to implement this part. The 
     program guidelines shall be effective only after a period for 
     public notice and comment.
       ``(b) Model Screening Guidelines.--The Administrator shall 
     develop and distribute to program participants specific model 
     guidelines for the screening of prospective program 
     mentors.''.

     SEC. 150005. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN 
                   FEDERALLY ASSISTED LOW-INCOME HOUSING.

       Grants authorized in this Act to reduce or prevent juvenile 
     drug and gang-related activity in ``public housing'' may be 
     used for such purposes in federally assisted, low-income 
     housing.

     SEC. 150006. GANG INVESTIGATION COORDINATION AND INFORMATION 
                   COLLECTION.

       (a) Coordination.--The Attorney General (or the Attorney 
     General's designee), in consultation with the Secretary of 
     the Treasury (or the Secretary's designee), shall develop a 
     national strategy to coordinate gang-related investigations 
     by Federal law enforcement agencies.
       (b) Data Collection.--The Director of the Federal Bureau of 
     Investigation shall acquire and collect information on 
     incidents of gang violence for inclusion in an annual uniform 
     crime report.
       (c) Report.--The Attorney General shall prepare a report on 
     national gang violence outlining the strategy developed under 
     subsection (a) to be submitted to the President and Congress 
     by January 1, 1996.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     fiscal year 1996.

     SEC. 150007. 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''.
                      TITLE XVI--CHILD PORNOGRAPHY

     SEC. 160001. 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. 2258. 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 chapter analysis for chapter 110 
     of title 18, United States Code, is amended by adding at the 
     end the following new item:

``2258. Production of sexually explicit depictions of a minor for 
              importation into the United States.''.

       (2) Fine provisions.--Section 2251(d) of title 18, United 
     States Code, is amended--
       (A) by striking ``not more than $100,000, or'' and 
     inserting ``under this title,'';
       (B) by striking ``not more than $200,000, or'' and 
     inserting ``under this title,''; and
       (C) by striking ``not more than $250,000'' and inserting 
     ``under this title''.
       (c) Section 2251 Penalty Enhancement.--Section 2251(d) of 
     title 18, United States Code, is amended by striking ``this 
     section'' the second place it appears and inserting ``this 
     chapter or chapter 109A''.
       (d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) 
     of title 18, United States Code, is amended by striking 
     ``this section'' and inserting ``this chapter or chapter 
     109A''.
       (e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) 
     of title 18, United States Code, are each amended by 
     inserting ``, or attempts or conspires to violate,'' after 
     ``violates'' each place it appears.
       (f) RICO Amendment.--Section 1961(l) of title 18, United 
     States Code, is amended by striking ``2251-2252'' and 
     inserting ``2251, 2251A, 2252, and 2258''.
       (g) Transportation of Minors.--Section 2423 of title 18, 
     United States Code, is amended--
       (1) by striking ``(a) Whoever'' and inserting ``(a) 
     Transportation With Intent To Engage in Criminal Sexual 
     Activity.--A person who''; and
       (2) by adding at the end the following new subsection:
       ``(b) Travel With Intent To Engage in 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.''.

     SEC. 160002. 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.

     SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING 
                   SECTIONS 2252 AND 2256 OF TITLE 18, UNITED 
                   STATES CODE.

       (a) Declaration.--The Congress declares that in enacting 
     sections 2252 and 2256 of title 18, United States Code, it 
     was and is the intent of Congress that--
       (1) the scope of ``exhibition of the genitals or pubic 
     area'' in section 2256(2)(E), in the definition of ``sexually 
     explicit conduct'', is not limited to nude exhibitions or 
     exhibitions in which the outlines of those areas were 
     discernible through clothing; and
       (2) the requirements in section 2252(a) (1)(A), (2)(A), 
     (3)(B)(i), and (4)(B)(i) that the production of a visual 
     depiction involve the use of a minor engaging in ``sexually 
     explicit conduct'' of the kind described in section 
     2256(2)(E) are satisfied if a person photographs a minor in 
     such a way as to exhibit the child in a lascivious manner.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that in filing its brief in United States v. Knox, No. 92-
     1183, and thereby depriving the United States Supreme Court 
     of the adverseness necessary for full and fair presentation 
     of the issues arising in the case, the Department of Justice 
     did not accurately reflect the intent of Congress in arguing 
     that ``the videotapes in [the Knox case] constitute 
     `lascivious exhibition[s] of the genitals or pubic area' only 
     if those body parts are visible in the tapes and the minors 
     posed or acted lasciviously.''.
                  TITLE XVII--CRIMES AGAINST CHILDREN
   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

     SEC. 170101. ESTABLISHMENT OF PROGRAM.

       (a) In General.--
       (1) State guidelines.--The Attorney General shall establish 
     guidelines for State programs that require--
       (A) a person who is convicted of a criminal offense against 
     a victim who is a minor or who is convicted of a sexually 
     violent offense to register a current address with a 
     designated State law enforcement agency for the time period 
     specified in subparagraph (A) of subsection (b)(6); and
       (B) a person who is a sexually violent predator to register 
     a current address with a designated State law enforcement 
     agency unless such requirement is terminated under 
     subparagraph (B) of subsection (b)(6).
       (2) Court determination.--A determination that a person is 
     a sexually violent predator and a determination that a person 
     is no longer a sexually violent predator shall be made by the 
     sentencing court after receiving a report by a State board 
     composed of experts in the field of the behavior and 
     treatment of sexual offenders.
       (3) Definitions.--For purposes of this section:
       (A) The term ``criminal offense against a victim who is a 
     minor'' means any criminal offense that consists of--
       (i) kidnapping of a minor, except by a parent;
       (ii) false imprisonment of a minor, except by a parent;
       (iii) criminal sexual conduct toward a minor;
       (iv) solicitation of a minor to engage in sexual conduct;
       (v) use of a minor in a sexual performance;
       (vi) solicitation of a minor to practice prostitution;
       (vii) any conduct that by its nature is a sexual offense 
     against a minor; or
       (viii) an attempt to commit an offense described in any of 
     clauses (i) through (vii), 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.

     For purposes of this subparagraph conduct which is criminal 
     only because of the age of the victim shall not be considered 
     a criminal offense if the perpetrator is 18 years of age or 
     younger.
       (B) The term ``sexually violent offense'' means any 
     criminal offense that consists of aggravated sexual abuse or 
     sexual abuse (as described in sections 2241 and 2242 of title 
     18, United States Code, or as described in the State criminal 
     code) or an offense that has as its elements engaging in 
     physical contact with another person with intent to commit 
     aggravated sexual abuse or sexual abuse (as described in such 
     sections of title 18, United States Code, or as described in 
     the State criminal code).
       (C) The term ``sexually violent predator'' means a person 
     who has been convicted of a sexually violent offense and who 
     suffers from a mental abnormality or personality disorder 
     that makes the person likely to engage in predatory sexually 
     violent offenses.
       (D) The term ``mental abnormality'' means a congenital or 
     acquired condition of a person that affects the emotional or 
     volitional capacity of the person in a manner that 
     predisposes that person to the commission of criminal sexual 
     acts to a degree that makes the person a menace to the health 
     and safety of other persons.
       (E) The term ``predatory'' means an act directed at a 
     stranger, or a person with whom a relationship has been 
     established or promoted for the primary purpose of 
     victimization.
       (b) Registration Requirement Upon Release, Parole, 
     Supervised Release, or Probation.--An approved State 
     registration program established under this section shall 
     contain the following elements:
       (1) Duty of state prison official or court.--
       (A) 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--
       (i) inform the person of the duty to register and obtain 
     the information required for such registration;
       (ii) 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;
       (iii) 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;
       (iv) obtain fingerprints and a photograph of the person if 
     these have not already been obtained in connection with the 
     offense that triggers registration; and
       (v) require the person to read and sign a form stating that 
     the duty of the person to register under this section has 
     been explained.
       (B) In addition to the requirements of subparagraph (A), 
     for a person required to register under subparagraph (B) of 
     subsection (a)(1), the State prison officer or the court, as 
     the case may be, shall obtain the name of the person, 
     identifying factors, anticipated future residence, offense 
     history, and documentation of any treatment received for the 
     mental abnormality or personality disorder of the person.
       (2) Transfer of information to state and the fbi.--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) Verification.--
       (A) For a person required to register under subparagraph 
     (A) of subsection (a)(1), on each anniversary of the person's 
     initial registration date during the period in which the 
     person is required to register under this section the 
     following applies:
       (i) The designated State law enforcement agency shall mail 
     a nonforwardable verification form to the last reported 
     address of the person.
       (ii) The person shall mail the verification form to the 
     designated State law enforcement agency within 10 days after 
     receipt of the form.
       (iii) 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.
       (iv) 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 the residence address.
       (B) The provisions of subparagraph (A) shall be applied to 
     a person required to register under subparagraph (B) of 
     subsection (a)(1), except that such person must verify the 
     registration every 90 days after the date of the initial 
     release or commencement of parole.
       (4) Notification of local law enforcement agencies of 
     changes in address.--A change of address by a person required 
     to register under this section reported to the designated 
     State law enforcement agency shall be immediately 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 law enforcement agency with which the 
     person must register in the new State, if the new State has a 
     registration requirement.
       (5) Registration for change of address to another state.--A 
     person who has been convicted of an offense which requires 
     registration under this section 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.
       (6) Length of registration.--
       (A) A person required to register under subparagraph (A) of 
     subsection (a)(1) shall continue to comply with this section 
     until 10 years have elapsed since the person was released 
     from prison, placed on parole, supervised release, or 
     probation.
       (B) The requirement of a person to register under 
     subparagraph (B) of subsection (a)(1) shall terminate upon a 
     determination, made in accordance with paragraph (2) of 
     subsection (a), that the person no longer suffers from a 
     mental abnormality or personality disorder that would make 
     the person likely to engage in a predatory sexually violent 
     offense.
       (c) 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.33
       (d) Release of Information.--The information collected 
     under a State registration program shall be treated as 
     private data except that--
       (1) such information may be disclosed to law enforcement 
     agencies for law enforcement purposes;
       (2) such information may be disclosed to government 
     agencies conducting confidential background checks; and
       (3) the designated State law enforcement agency and any 
     local law enforcement agency authorized by the State agency 
     may release relevant information that is necessary to protect 
     the public concerning a specific person required to register 
     under this section, except that the identity of a victim of 
     an offense that requires registration under this section 
     shall not be released.
       (e) Immunity for Good Faith Conduct.--Law enforcement 
     agencies, employees of law enforcement agencies, and State 
     officials shall be immune from liability for good faith 
     conduct under this section.
       (f) Compliance.--
       (1) Compliance date.--Subject to paragraph (2), each State 
     shall have not more than 3 years from the date of enactment 
     of this Act in which to implement this section, except that 
     the Attorney General may grant an additional 2 years to a 
     State that is making good faith efforts to implement this 
     section.
       (2) Ineligibility for funds.--
       (A) A State that fails to implement the program as 
     described in this section shall not receive 10 percent of the 
     funds that would otherwise be allocated to the State under 
     section 506 of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3765).
       (B) Reallocation of funds.--Any funds that are not 
     allocated for failure to comply with this section shall be 
     reallocated to States that comply with this section.
                 Subtitle B--Assaults Against Children

     SEC. 170201. ASSAULTS AGAINST CHILDREN.

       (a) Simple Assault.--Section 113(e) of title 18, United 
     States Code, is amended by inserting ``, or if the victim of 
     the assault is an individual who has not attained the age of 
     16 years, by fine under this title or imprisonment for not 
     more than 1 year, or both'' before the period.
       (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 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''.
               Subtitle C--Missing and Exploited Children

     SEC. 170301. SHORT TITLE.

       This subtitle may be cited as the ``Morgan P. Hardiman Task 
     Force on Missing and Exploited Children Act''.

     SEC. 170302. PURPOSE.

       The purpose of this subtitle is to establish a task force 
     comprised of law enforcement officers from pertinent Federal 
     agencies to work with the National Center for Missing and 
     Exploited Children (referred to as the ``Center'') and 
     coordinate the provision of Federal law enforcement resources 
     to assist State and local authorities in investigating the 
     most difficult cases of missing and exploited children.

     SEC. 170303. ESTABLISHMENT OF TASK FORCE.

       Title IV of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5771 et seq.) is amended--
       (1) by redesignating sections 407 and 408 as sections 408 
     and 409, respectively; and
       (2) by inserting after section 406 the following new 
     section:


                              ``task force

       ``Sec. 407. (a) Establishment.--There is established a 
     Missing and Exploited Children's Task Force (referred to as 
     the ``Task Force'').
       ``(b) Membership.--
       ``(1) In general.--The Task Force shall include at least 2 
     members from each of--
       ``(A) the Federal Bureau of Investigation;
       ``(B) the Secret Service;
       ``(C) the Bureau of Alcohol, Tobacco and Firearms;
       ``(D) the United States Customs Service;
       ``(E) the Postal Inspection Service;
       ``(F) the United States Marshals Service; and
       ``(G) the Drug Enforcement Administration.
       ``(2) Chief.--A representative of the Federal Bureau of 
     Investigation (in addition to the members of the Task Force 
     selected under paragraph (1)(A)) shall act as chief of the 
     Task Force.
       ``(3) Selection.--(A) The Director of the Federal Bureau of 
     Investigation shall select the chief of the Task Force.
       ``(B) The heads of the agencies described in paragraph (1) 
     shall submit to the chief of the Task Force a list of at 
     least 5 prospective Task Force members, and the chief shall 
     select 2, or such greater number as may be agreeable to an 
     agency head, as Task Force members.
       ``(4) Professional qualifications.--The members of the Task 
     Force shall be law enforcement personnel selected for their 
     expertise that would enable them to assist in the 
     investigation of cases of missing and exploited children.
       ``(5) Status.--A member of the Task Force shall remain an 
     employee of his or her respective agency for all purposes 
     (including the purpose of performance review), and his or her 
     service on the Task Force shall be without interruption or 
     loss of civil service privilege or status and shall be on a 
     nonreimbursable basis.
       ``(6) Period of service.--(A) Subject to subparagraph (B), 
     1 member from each agency shall initially serve a 1-year 
     term, and the other member from the same agency shall serve a 
     1-year term, and may be selected to a renewal of service for 
     1 additional year; thereafter, each new member to serve on 
     the Task Force shall serve for a 2-year period with the 
     member's term of service beginning and ending in alternate 
     years with the other member from the same agency; the period 
     of service for the chief of the Task Force shall be 3 years.
       ``(B) The chief of the Task Force may at any time request 
     the head of an agency described in paragraph (1) to submit a 
     list of 5 prospective Task Force members to replace a member 
     of the Task Force, for the purpose of maintaining a Task 
     Force membership that will be able to meet the demands of its 
     caseload.
       ``(c) Support.--
       ``(1) In general.--The Administrator of the General 
     Services Administration, in coordination with the heads of 
     the agencies described in subsection (b)(1), shall provide 
     the Task Force office space and administrative and support 
     services, such office space to be in close proximity to the 
     office of the Center, so as to enable the Task Force to 
     coordinate its activities with that of the Center on a day-
     to-day basis.
       ``(2) Legal guidance.--The Attorney General shall assign an 
     attorney to provide legal guidance, as needed, to members of 
     the Task Force.
       ``(d) Purpose.--
       ``(1) In general.--The purpose of the Task Force shall be 
     to make available the combined resources and expertise of the 
     agencies described in paragraph (1) to assist State and local 
     governments in the most difficult missing and exploited child 
     cases nationwide, as identified by the chief of the Task 
     Force from time to time, in consultation with the Center, and 
     as many additional cases as resources permit, including the 
     provision of assistance to State and local investigators on 
     location in the field.
       ``(2) Technical assistance.--The role of the Task Force in 
     any investigation shall be to provide advice and technical 
     assistance and to make available the resources of the 
     agencies described in subsection (b)(1); the Task Force shall 
     not take a leadership role in any such investigation.
       ``(e) Cross-Designation of Task Force Members.--The 
     Attorney General may cross-designate the members of the Task 
     Force with jurisdiction to enforce Federal law related to 
     child abduction to the extent necessary to accomplish the 
     purposes of this section.''.
                        TITLE XVIII--RURAL CRIME
              Subtitle A--Drug Trafficking in Rural Areas

     SEC. 180101. 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--
       ``(A) $24,000,000 for fiscal year 1996;
       ``(B) $40,000,000 for fiscal year 1997;
       ``(C) $50,000,000 for fiscal year 1998;
       ``(D) $60,000,000 for fiscal year 1999; and
       ``(E) $66,000,000 for fiscal year 2000.''.
       (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''.
       (c) Clarification.--Section 1501(b) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     Sec. 3796bb(b)) is amended by inserting ``, based on the 
     decennial census of 1990 through fiscal year 1997'' before 
     the period.

     SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.

       (a) Establishment.--The Attorney General, in consultation 
     with the Governors, mayors, and chief executive officers of 
     State and local law enforcement agencies, may establish a 
     Rural Crime and Drug Enforcement Task Force in judicial 
     districts that encompass significant rural lands. Assets 
     seized as a result of investigations initiated by a Rural 
     Crime and Drug Enforcement Task Force and forfeited under 
     Federal law shall be used, consistent with the guidelines on 
     equitable sharing established by the Attorney General and of 
     the Secretary of the Treasury, 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 carried out under policies and 
     procedures established by the Attorney General. The Attorney 
     General may deputize State and local law enforcement officers 
     and may cross-designate up to 100 Federal law enforcement 
     officers, when necessary to undertake investigations pursuant 
     to section 503(a) of the Controlled Substances Act (21 U.S.C. 
     873(a)) or offenses punishable by a term of imprisonment of 
     10 years or more under title 18, United States Code. The task 
     forces--
       (1) shall include representatives from--
       (A) State and local law enforcement agencies;
       (B) the office of the United States Attorney for the 
     judicial district; and
       (C) the Federal Bureau of Investigation, the Drug 
     Enforcement Administration, the Immigration and 
     Naturalization Service, and the United States Marshals 
     Service; and
       (2) may include representatives of other Federal law 
     enforcement agencies, such as the United States Customs 
     Service, United States Park Police, United States Forest 
     Service, Bureau of Alcohol, Tobacco, and Firearms, and Bureau 
     of Land Management.

     SEC. 180103. 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) $1,000,000 for fiscal year 1996;
       (2) $1,000,000 for fiscal year 1997;
       (3) $1,000,000 for fiscal year 1998;
       (4) $1,000,000 for fiscal year 1999; and
       (5) $1,000,000 for fiscal year 2000.

     SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT 
                   ADMINISTRATION.

       There are authorized to be appropriated for the hiring of 
     additional Drug Enforcement Administration agents--
       (1) $12,000,000 for fiscal year 1996;
       (2) $20,000,000 for fiscal year 1997;
       (3) $30,000,000 for fiscal year 1998;
       (4) $40,000,000 for fiscal year 1999; and
       (5) $48,000,000 for fiscal year 2000.
        Subtitle B--Drug Free Truck Stops and Safety Rest Areas

     SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.

       (a) Short Title.--This section may be cited as the ``Drug 
     Free Truck Stop Act''.
       (b) Amendment to Controlled Substances Act.--
       (1) In general.--Part D of the Controlled Substances Act 
     (21 U.S.C. 801 et seq.) is amended by inserting after section 
     408 the following new section:

                    ``transportation safety offenses

       ``Sec. 409. (a) Definitions.--In this section--
       ```safety rest area' means a roadside facility with parking 
     facilities for the rest or other needs of motorists.
       ```truck stop' means a facility (including any parking lot 
     appurtenant thereto) that--
       ``(A) has the capacity to provide fuel or service, or both, 
     to any commercial motor vehicle (as defined in section 31301 
     of title 49, United States Code), 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--Sense of Congress Regarding Funding for Rural Areas

     SEC. 180301. FUNDING FOR RURAL AREAS.

       It is the sense of Congress that--
       (1) the Attorney General should ensure that funding for 
     programs authorized by the provisions of this Act and 
     amendments made by this Act is distributed in such a manner 
     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 XIX--FEDERAL LAW ENFORCEMENT

     SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

       (a) Authorization of Additional Appropriations for the 
     Federal Judiciary.--
       Federal judiciary.--There are authorized to be appropriated 
     for the activities of the Federal Judiciary to help meet the 
     increased demands for judicial activities, including 
     supervised release, pre-trial and probation services, that 
     will result from enactment into law of this Act--
       (A) $30,000,000 for fiscal year 1996;
       (B) $35,000,000 for fiscal year 1997;
       (C) $40,000,000 for fiscal year 1998;
       (D) $40,000,000 for fiscal year 1999; and
       (E) $55,000,000 for fiscal year 2000.
       (b) Authorization of Additional Appropriations for the 
     Department of Justice.--There is authorized to be 
     appropriated for the activities and agencies of the 
     Department of Justice, in addition to sums authorized 
     elsewhere in this section, to help meet the increased demands 
     for Department of Justice activities that will result from 
     enactment into law of this Act--
       (A) $40,000,000 for fiscal year 1996;
       (B) $40,000,000 for fiscal year 1997;
       (C) $40,000,000 for fiscal year 1998;
       (D) $40,000,000 for fiscal year 1999; and
       (E) $39,000,000 for fiscal year 2000.
       (c) Authorization of Additional Appropriations for the 
     Federal Bureau of Investigation.--There is authorized to be 
     appropriated for the activities of the Federal Bureau of 
     Investigation, to help meet the increased demands for Federal 
     Bureau of Investigation activities that will result from 
     enactment into law of this Act--
       (A) $35,000,000 for fiscal year 1996;
       (B) $40,000,000 for fiscal year 1997;
       (C) $50,000,000 for fiscal year 1998;
       (D) $60,000,000 for fiscal year 1999; and
       (E) $60,000,000 for fiscal year 2000.
       (d) Authorization of Additional Appropriations for United 
     States Attorneys.--There is authorized to be appropriated for 
     the account Department of Justice, Legal Activities, 
     ``Salaries and expenses, United States Attorneys'', to help 
     meet the increased demands for litigation and related 
     activities which will result from enactment into law of this 
     Act--
       (A) $5,000,000 for fiscal year 1996;
       (B) $8,000,000 for fiscal year 1997;
       (C) $10,000,000 for fiscal year 1998;
       (D) $12,000,000 for fiscal year 1999; and
       (E) $15,000,000 for fiscal year 2000.
       (e) Authorization of Additional Appropriations for the 
     Department of the Treasury.--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 to help meet the increased demands for 
     Department of the Treasury activities that will result from 
     enactment into law of this Act--
       (A) $30,000,000 for fiscal year 1995;
       (B) $70,000,000 for fiscal year 1996;
       (C) $90,000,000 for fiscal year 1997;
       (D) $110,000,000 for fiscal year 1998;
       (E) $125,000,000 for fiscal year 1999; and
       (F) $125,000,000 for fiscal year 2000.
   TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND 
                               EDUCATION
                        Subtitle A--Police Corps

     SEC. 200101. SHORT TITLE.

       This subtitle may be cited as the ``Police Corps Act''.

     SEC. 200102. PURPOSES.

       The purposes of this subtitle 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. 200103. DEFINITIONS.

       In this subtitle--
       ``academic year'' means a traditional academic year 
     beginning in August or September and ending in the following 
     May or June.
       ``dependent child'' means a natural or adopted child or 
     stepchild of a law enforcement officer who at the time of the 
     officer'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.
       ``Director'' means the Director of the Office of the Police 
     Corps and Law Enforcement Education appointed under section 
     200104.
       ``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.
       ``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)).
       ``participant'' means a participant in the Police Corps 
     program selected pursuant to section 200106.
       ``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.
       ``State Police Corps program'' means a State police corps 
     program that meets the requirements of section 200110.

     SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND 
                   LAW ENFORCEMENT EDUCATION.

       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.

     SEC. 200105. 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 200110.

     SEC. 200106. 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 student under this section shall not exceed $30,000.
       (3) Recipients of 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 
     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 200108, 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 200108; 
     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 recipient of 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 a scholarship recipient 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.--A dependent child of a law 
     enforcement officer--
       (1) who is a member of a State or local police force or is 
     a Federal criminal investigator or uniformed police officer,
       (2) who is not a participant in the Police Corps program, 
     but
       (3) who serves in a State for which the Director has 
     approved a Police Corps plan, and
       (4) who is killed in the course of performing police 
     duties,

     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.
       (f) Application.--Each participant 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. 200107. 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 200110(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 of 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 Act, up to 10 percent of the applicants 
     accepted into the 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 200109, and such a participant shall 
     be subject to the same benefits and obligations under this 
     subtitle as other participants, including those stated in 
     section (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 200109, 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 in 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. 200108. POLICE CORPS TRAINING.

       (a) In General.--(1) The Director shall establish programs 
     of training for 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 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 10 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 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. 200109. SERVICE OBLIGATION.

       (a) Swearing In.--Upon satisfactory completion of the 
     participant's course of education and training program 
     established in section 200108 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 200106, 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 200106(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 200106, 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 200106(d)(1)(B)(iii) shall not apply.

     SEC. 200110. 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 200107;
       (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 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. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING 
                   POLICE CORPS OFFICERS.

       Each jurisdiction directly employing Police Corps 
     participants during the 4-year term of service prescribed by 
     section 200109 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 Police Corps participants assigned 
     under section 106, 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 Police 
     Corps participant for years of service after the completion 
     of the term of service prescribed in section 200109.

     SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $20,000,000 to 
     carry out this subtitle for each of the fiscal years 1996 
     through 2000.

     SEC. 200113. 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 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 Police Corps program; and
       (3) describe the progress of the Police Corps program and 
     make recommendations for changes in the program.
            Subtitle B--Law Enforcement Scholarship Program

     SEC. 200201. SHORT TITLE.

       This subtitle may be cited as the ``Law Enforcement 
     Scholarships and Recruitment Act''.

     SEC. 200202. DEFINITIONS.

       In this subtitle--
       ``Director'' means the Director of the Office of the Police 
     Corps and Law Enforcement Education appointed under section 
     200104.
       ``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 a 
     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.
       ``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)).
       ``law enforcement position'' means employment as an officer 
     in a State or local police force, or correctional 
     institution.
       ``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. 200203. ALLOTMENT.

       From amounts appropriated under section 200210, 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. 200204. ESTABLISHMENT OF PROGRAM.

       (a) Use of Allotment.--
       (1) In general.--A State that receives an allotment 
     pursuant to section 200203 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.--Subject to the availability of 
     appropriations, the Director shall pay to each State that 
     receives an allotment under section 200203 the Federal share 
     of the cost of the activities described in the application 
     submitted pursuant to section 200203.
       (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 200203 may reserve not more than 8 
     percent of the allotment for administrative expenses.
       (e) Special Rule.--A State that receives an allotment under 
     section 200203 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. 200205. 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. 200206. 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. 200207. STATE APPLICATION.

       (a) In General.--Each State desiring an allotment under 
     section 200203 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. 200208. 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. 200209. 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. 200210. AUTHORIZATION OF APPROPRIATIONS.

       (a) General Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this subtitle--
       (1) $20,000,000 for fiscal year 1996;
       (2) $20,000,000 for fiscal year 1997;
       (3) $20,000,000 for fiscal year 1998;
       (4) $20,000,000 for fiscal year 1999; and
       (5) $20,000,000 for fiscal year 2000.
       (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 200204(a)(1)(A); and
       (2) 20 percent shall be available to provide employment 
     described in sections 200204(a)(1)(B) and 200204(a)(2).
               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
                       Subtitle A--Byrne Program

     SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.

       There is authorized to be appropriated for fiscal years 
     1995 through 2000 such sums as may be necessary to carry out 
     the programs under parts D and E of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968, of which the 
     following amounts may be appropriated from the Violent Crime 
     Reduction Trust Fund:
       (1) $580,000,000 for fiscal year 1995;
       (2) $130,000,000 for fiscal year 1996;
       (3) $100,000,000 for fiscal year 1997;
       (4) $75,000,000 for fiscal year 1998;
       (5) $70,000,000 for fiscal year 1999; and
       (6) $45,000,000 for fiscal year 2000.
               Subtitle B--Law Enforcement Family Support

     SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.

       (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 50001(a), is amended--
       (1) by redesignating part W as part X;
       (2) by redesignating section 2301 as 2401; and
       (3) by inserting after part V the following new part:

                        ``PART W--FAMILY SUPPORT

     ``SEC. 2301. DUTIES.

       ``The Attorney General shall--
       ``(1) establish guidelines and oversee the implementation 
     of family-friendly policies within law enforcement-related 
     offices and divisions in the Department of Justice;
       ``(2) study the effects of stress on law enforcement 
     personnel and family well-being and disseminate the findings 
     of such studies to Federal, State, and local law enforcement 
     agencies, related organizations, and other interested 
     parties;
       ``(3) identify and evaluate model programs that provide 
     support services to law enforcement personnel and families;
       ``(4) provide technical assistance and training programs to 
     develop stress reduction and family support to State and 
     local law enforcement agencies;
       ``(5) collect and disseminate information regarding family 
     support, stress reduction, and psychological services to 
     Federal, State, and local law enforcement agencies, law 
     enforcement-related organizations, and other interested 
     entities; and
       ``(6) determine issues to be researched by the Department 
     of Justice and by grant recipients.

     ``SEC. 2302. GENERAL AUTHORIZATION.

       ``The Attorney General may make grants to States and local 
     law enforcement agencies and to organizations representing 
     State or local law enforcement personnel to provide family 
     support services to law enforcement personnel.

     ``SEC. 2303. USES OF FUNDS.

       ``(a) In General.--A State or local law enforcement agency 
     or organization that receives a grant under this Act shall 
     use amounts provided under the grant to establish or improve 
     training and support programs for law enforcement personnel.
       ``(b) Required Activities.--A law enforcement agency or 
     organization that receives funds under this part shall 
     provide at least one of the following services:
       ``(1) Counseling for law enforcement family members.
       ``(2) Child care on a 24-hour basis.
       ``(3) Marital and adolescent support groups.
       ``(4) Stress reduction programs.
       ``(5) Stress education for law enforcement recruits and 
     families.
       ``(6) Technical assistance and training programs to support 
     any or all of the services described in paragraphs (1), (2), 
     (3), (4), and (5).
       ``(c) Optional Activities.--A law enforcement agency or 
     organization that receives funds under this part may provide 
     the following services:
       ``(1) Post-shooting debriefing for officers and their 
     spouses.
       ``(2) Group therapy.
       ``(3) Hypertension clinics.
       ``(4) Critical incident response on a 24-hour basis.
       ``(5) Law enforcement family crisis telephone services on a 
     24-hour basis.
       ``(6) Counseling for law enforcement personnel exposed to 
     the human immunodeficiency virus.
       ``(7) Counseling for peers.
       ``(8) Counseling for families of personnel killed in the 
     line of duty.
       ``(9) Seminars regarding alcohol, drug use, gambling, and 
     overeating.
       ``(10) Technical assistance and training to support any or 
     all of the services described in paragraphs (1), (2), (3), 
     (4), (5), (6), (7), (8), and (9).

     ``SEC. 2304. APPLICATIONS.

       ``A law enforcement agency or organization desiring to 
     receive a grant under this part shall submit to the Attorney 
     General an application at such time, in such manner, and 
     containing or accompanied by such information as the Attorney 
     General may reasonably require. Such application shall--
       ``(1) certify that the law enforcement agency shall match 
     all Federal funds with an equal amount of cash or in-kind 
     goods or services from other non-Federal sources;
       ``(2) include a statement from the highest ranking law 
     enforcement official from the State or locality or from the 
     highest ranking official from the organization applying for 
     the grant that attests to the need and intended use of 
     services to be provided with grant funds; and
       ``(3) assure that the Attorney General or the Comptroller 
     General of the United States shall have access to all records 
     related to the receipt and use of grant funds received under 
     this part.

     ``SEC. 2305. AWARD OF GRANTS; LIMITATION.

       ``(a) Grant Distribution.--In approving grants under this 
     part, the Attorney General shall assure an equitable 
     distribution of assistance among the States, among urban and 
     rural areas of the United States, and among urban and rural 
     areas of a State.
       ``(b) Duration.--The Attorney General may award a grant 
     each fiscal year, not to exceed $100,000 to a State or local 
     law enforcement agency or $250,000 to a law enforcement 
     organization for a period not to exceed 5 years. In any 
     application from a State or local law enforcement agency or 
     organization for a grant to continue a program for the 
     second, third, fourth, or fifth fiscal year following the 
     first fiscal year in which a grant was awarded to such 
     agency, the Attorney General shall review the progress made 
     toward meeting the objectives of the program. The Attorney 
     General may refuse to award a grant if the Attorney General 
     finds sufficient progress has not been made toward meeting 
     such objectives, but only after affording the applicant 
     notice and an opportunity for reconsideration.
       ``(c) Limitation.--Not more than 5 percent of grant funds 
     received by a State or a local law enforcement agency or 
     organization may be used for administrative purposes.

     ``SEC. 2306. DISCRETIONARY RESEARCH GRANTS.

       ``The Attorney General may reserve 10 percent of funds to 
     award research grants to a State or local law enforcement 
     agency or organization to study issues of importance in the 
     law enforcement field as determined by the Attorney General.

     ``SEC. 2307. REPORTS.

       ``A State or local law enforcement agency or organization 
     that receives a grant under this part shall submit to the 
     Attorney General an annual report that includes--
       ``(1) program descriptions;
       ``(2) the number of staff employed to administer programs;
       ``(3) the number of individuals who participated in 
     programs; and
       ``(4) an evaluation of the effectiveness of grant programs.

     ``SEC. 2308. DEFINITIONS.

       ``For purposes of this part--
       ``(1) the term `family-friendly policy' means a policy to 
     promote or improve the morale and well being of law 
     enforcement personnel and their families; and
       ``(2) the term `law enforcement personnel' means 
     individuals employed by Federal, State, and local law 
     enforcement agencies.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 50001(b), is 
     amended by striking the matter relating to part V and 
     inserting the following:

                        ``Part W--Family Support

``Sec. 2301. Duties.
``Sec. 2302. General authorization.
``Sec. 2303. Uses of funds.
``Sec. 2304. Applications.
``Sec. 2305. Award of grants; limitation.
``Sec. 2306. Discretionary research grants.
``Sec. 2307. Reports.
``Sec. 2308. Definitions.

              ``Part V--Transition-Effective Date-Repeals

``Sec. 2301. Continuation of rules, authorities, and privileges.''.

       (c) Authorization of Appropriations.--Section 1001(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended by section 50001(c), is 
     amended--
       (1) in paragraph (3) by striking ``and V'' and inserting 
     ``V, and W''; and
       (2) by adding at the end the following new paragraph:
       ``(21) There are authorized to be appropriated to carry out 
     part W--
       ``(1) $2,500,000 for fiscal year 1996;
       ``(2) $4,000,000 for fiscal year 1997;
       ``(3) $5,000,000 for fiscal year 1998;
       ``(4) $6,000,000 for fiscal year 1999; and
       ``(5) $7,500,000 for fiscal year 2000.''.
                     Subtitle C--DNA Identification

     SEC. 210301. SHORT TITLE.

       This subtitle may be cited as the ``DNA Identification Act 
     of 1994''.

     SEC. 210302. 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)) as amended by 
     section 150003, is amended--
       (1) by striking ``and'' at the end of paragraph (23);
       (2) by striking the period at the end of paragraph (24) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(25) developing or improving in a forensic laboratory a 
     capability to analyze deoxyribonucleic acid (hereinafter in 
     this title referred to as `DNA') for identification 
     purposes.''.
       (b) State Applications.--Section 503(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3753(a)) is amended by adding at the end the following new 
     paragraph:
       ``(12) If any part of funds received from 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 210303 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) in judicial proceedings, if otherwise admissible 
     pursuant to applicable statutes or rules;
       ``(iii) 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
       ``(iv) 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 210303 of the DNA 
     Identification Act of 1994.''.
       (c) DNA Identification Grants.--
       (1) 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 210201(a), is amended--
       (A) by redesignating part X as part Y;
       (B) by redesignating section 2401 as section 2501; and
       (C) by inserting after part W the following new part:

                  ``PART X--DNA IDENTIFICATION GRANTS

     ``SEC. 2401. GRANT AUTHORIZATION.

       ``The Attorney General may make funds available under this 
     part to States and units of local government, or combinations 
     thereof, to carry out all or a substantial part of a program 
     or project intended to develop or improve the capability to 
     analyze deoxyribonucleic acid (referred to in this part as 
     `DNA') in a forensic laboratory.

     ``SEC. 2402. APPLICATIONS.

       ``To request a grant under this part, the chief executive 
     officer of a State or unit of local government shall submit 
     an application in such form as the Attorney General may 
     require.

     ``SEC. 2403. APPLICATION REQUIREMENTS.

       ``No grant may be made under this part unless an 
     application has been submitted to the Attorney General in 
     which the applicant certifies that--
       ``(1) DNA analyses performed at the 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 210303 of the 
     DNA Identification Act of 1994.
       ``(2) DNA samples obtained by and DNA analyses performed at 
     the laboratory shall be made available only--
       ``(A) to criminal justice agencies for law enforcement 
     identification purposes;
       ``(B) in judicial proceedings, if otherwise admissible 
     pursuant to applicable statutes or rules;
       ``(C) for criminal defense purposes, to a defendant, who 
     shall have access to samples and analyses performed in 
     connection with the case in which the defendant is charged; 
     or
       ``(D) if personally identifiable information is removed, 
     for a population statistics database, for identification 
     research and protocol development purposes, or for quality 
     control purposes; and
       ``(3) the laboratory and each analyst performing DNA 
     analyses at the laboratory shall undergo, at regular 
     intervals not exceeding 180 days, external proficiency 
     testing by a DNA proficiency testing program that meets the 
     standards issued under section 210303 of the DNA 
     Identification Act of 1994.

     ``SEC. 2404. ADMINISTRATIVE PROVISIONS.

       ``(a) Regulation Authority.--The Attorney General may 
     promulgate guidelines, regulations, and procedures, as 
     necessary to carry out the purposes of this part, including 
     limitations on the number of awards made during each fiscal 
     year, the submission and review of applications, selection 
     criteria, and the extension or continuation of awards.
       ``(b) Award Authority.--The Attorney General shall have 
     final authority over all funds awarded under this part.
       ``(c) Technical Assistance.--To assist and measure the 
     effectiveness and performance of programs and activities 
     funded under this part, the Attorney General may provide 
     technical assistance as required.

     ``SEC. 2405. RESTRICTIONS ON USE OF FUNDS.

       ``(a) Federal Share.--The Federal share of a grant, 
     contract, or cooperative agreement made under this part may 
     not exceed 75 percent of the total costs of the project 
     described in the application submitted for the fiscal year 
     for which the project receives assistance.
       ``(b) Administrative Costs.--A State or unit of local 
     government may not use more than 10 percent of the funds it 
     receives from this part for administrative expenses.

     ``SEC. 2406. REPORTS.

       ``(a) Reports to Attorney General.--Each State or unit of 
     local government which receives a grant under this part shall 
     submit to the Attorney General, for each year in which funds 
     from a grant received under this part is expended, a report 
     at such time and in such manner as the Attorney General may 
     reasonably require which contains--
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application submitted 
     under section 2402; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(b) Reports to Congress.--Not later than 90 days after 
     the end of each fiscal year for which grants are made under 
     this part, the Attorney General shall submit to the Speaker 
     of the House of Representatives and the President pro tempore 
     of the Senate, a report that includes--
       ``(1) the aggregate amount of grants made under this part 
     to each State or unit of local government for such fiscal 
     year; and
       ``(2) a summary of the information provided in compliance 
     with subsection (a)(1).

     ``SEC. 2407. EXPENDITURE RECORDS.

       ``(a) Records.--Each State or unit of local government 
     which receives a grant under this part shall keep records as 
     the Attorney General may require to facilitate an effective 
     audit.
       ``(b) Access.--The Attorney General, the Comptroller 
     General, or their designated agents shall have access, for 
     the purpose of audit and examination, to any books, 
     documents, and records of States and units of local 
     government which receive grants made under this part if, in 
     the opinion of the Attorney General, the Comptroller General, 
     or their designated agents, such books, documents, and 
     records are related to the receipt or use of any such 
     grant.''.
       (2) Table of contents.--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 210201(b), is 
     amended by striking the matter relating to part X and 
     inserting the following:

                  ``Part X--DNA Identification Grants

``Sec. 2401. Grant authorization.
``Sec. 2402. Applications.
``Sec. 2403. Application requirements.
``Sec. 2404. Administrative provisions.
``Sec. 2405. Restrictions on use of funds.
``Sec. 2406. Reports.
``Sec. 2407. Expenditure records.

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

``Sec. 2501. Continuation of rules, authorities, and proceedings.''.

       (3) Authorization of appropriations.--Section 1001 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793), as amended by section 210201(c), is amended--
       (A) in paragraph (3) by striking ``and W'' and inserting 
     ``W, and X''; and
       (B) adding at the end the following new paragraph:
       ``(22) There are authorized to be appropriated to carry out 
     part X--
       ``(1) $1,000,000 for fiscal year 1996;
       ``(2) $3,000,000 for fiscal year 1997;
       ``(3) $5,000,000 for fiscal year 1998;
       ``(4) $13,500,000 for fiscal year 1999; and
       ``(5) $17,500,000 for fiscal year 2000.''.
       (4) Effective date.--The amendments made by this section 
     shall take effect on the date that is 60 days after the date 
     of enactment of this Act.

     SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING 
                   STANDARDS.

       (a) Publication of Quality Assurance and Proficiency 
     Testing Standards.--(1)(A) Not later than 180 days after the 
     date of enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall appoint an advisory board on 
     DNA quality assurance methods from among nominations proposed 
     by the head of the National Academy of Sciences and 
     professional societies of crime laboratory officials.
       (B) The advisory board shall include as members scientists 
     from State, local, and private forensic laboratories, 
     molecular geneticists and population geneticists not 
     affiliated with a forensic laboratory, and a representative 
     from the National Institute of Standards and Technology.
       (C) 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.--(1) 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.
       (2) 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).
       (3) The DNA advisory board established under this section 
     shall be separate and distinct from any other advisory board 
     administered by the FBI, and is to be administered 
     separately.
       (4) 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.
       (c) Proficiency Testing Program.--(1) Not later than 1 year 
     after the effective date of this Act, the Director of the 
     National Institute of Justice shall certify to the Committees 
     on the Judiciary of the House and Senate that--
       (A) the Institute has entered into a contract with, or made 
     a grant to, an appropriate entity for establishing, or has 
     taken other appropriate action to ensure that there is 
     established, not later than 2 years after the date of 
     enactment of this Act, a blind external proficiency testing 
     program for DNA analyses, which shall be available to public 
     and private laboratories performing forensic DNA analyses;
       (B) a blind external proficiency testing program for DNA 
     analyses is already readily available to public and private 
     laboratories performing forensic DNA analyses; or
       (C) it is not feasible to have blind external testing for 
     DNA forensic analyses.
       (2) As used in this subsection, the term ``blind external 
     proficiency test'' means a test that is presented to a 
     forensic laboratory through a second agency and appears to 
     the analysts to involve routine evidence.
       (3) Notwithstanding any other provision of law, the 
     Attorney General shall make available to the Director of the 
     National Institute of Justice during the first fiscal year in 
     which funds are distributed under this subtitle up to 
     $250,000 from the funds available under part X of Title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 to 
     carry out this subsection.

     SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF 
                   DNA IDENTIFICATION INFORMATION.

       (a) Establishment of Index.--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) Information.--The index described in subsection (a) 
     shall include only information on DNA identification records 
     and DNA analyses that are--
       (1) based on analyses performed by or on behalf of a 
     criminal justice agency 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 210303;
       (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 210303; 
     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) in judicial proceedings, if otherwise admissible 
     pursuant to applicable statutes or rules;
       (C) 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
       (D) if personally identifiable information is removed, for 
     a population statistics database, for identification research 
     and protocol development purposes, or for quality control 
     purposes.
       (c) Failure To Comply.--Access to the index established by 
     this section is subject to cancellation if the quality 
     control and privacy requirements described in subsection (b) 
     are not met.

     SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.

       (a) Proficiency Testing Requirements.--
       (1) Generally.--(A) 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 210303.
       (B) Within 1 year after 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.
       (C) In this paragraph, ``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 5 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 described 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;
       (B) in judicial proceedings, if otherwise admissible 
     pursuant to applicable statues or rules; and
       (C) 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) A person who--
       (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) knowingly discloses such information in any manner to 
     any person or agency not authorized to receive it,

     shall be fined not more than $100,000.
       (2) A person who, without authorization, knowingly 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. 210306. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Federal 
     Bureau of Investigation to carry out sections 210303, 210304, 
     and 210305--
       (1) $5,500,000 for fiscal year 1996;
       (2) $8,000,000 for fiscal year 1997;
       (3) $8,000,000 for fiscal year 1998;
       (4) $2,500,000 for fiscal year 1999; and
       (5) $1,000,000 for fiscal year 2000.
                 Subtitle D--Police Pattern or Practice

     SEC. 210401. CAUSE OF ACTION.

       (a) Unlawful Conduct.--It shall be unlawful for any 
     governmental authority, or any agent thereof, or any person 
     acting on behalf of a governmental authority, to engage in a 
     pattern or practice of conduct by law enforcement officers or 
     by officials or employees of any governmental agency with 
     responsibility for the administration of juvenile justice or 
     the incarceration of juveniles that deprives persons of 
     rights, privileges, or immunities secured or protected by the 
     Constitution or laws of the United States.
       (b) Civil Action by Attorney General.--Whenever the 
     Attorney General has reasonable cause to believe that a 
     violation of paragraph (1) has occurred, the Attorney 
     General, for or in the name of the United States, may in a 
     civil action obtain appropriate equitable and declaratory 
     relief to eliminate the pattern or practice.

     SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.

       (a) Attorney General To Collect.--The Attorney General 
     shall, through appropriate means, acquire data about the use 
     of excessive force by law enforcement officers.
       (b) Limitation on Use of Data.--Data acquired under this 
     section shall be used only for research or statistical 
     purposes and may not contain any information that may reveal 
     the identity of the victim or any law enforcement officer.
       (c) Annual Summary.--The Attorney General shall publish an 
     annual summary of the data acquired under this section.
         Subtitle E--Improved Training and Technical Automation

     SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

       (a) Grants.--
       (1) In general.--The Attorney General shall, subject to the 
     availability of appropriations, make grants to State, Indian 
     tribal, and local criminal justice agencies and to nonprofit 
     organizations for the purposes of improving criminal justice 
     agency efficiency through computerized automation and 
     technological improvements.
       (2) Types of programs.--Grants under this section may 
     include programs to--
       (A) increase use of mobile digital terminals;
       (B) improve communications systems, such as computer-aided 
     dispatch and incident reporting systems;
       (C) accomplish paper-flow reduction;
       (D) establish or improve ballistics identification 
     programs;
       (E) increase the application of automated fingerprint 
     identification systems and their communications on an 
     interstate and intrastate basis; and
       (F) improve computerized collection of criminal records.
       (3) Funding.--No funds under this subtitle may be used to 
     implement any cryptographic or digital telephony programs.
       (b) Training and Investigative Assistance.--
       (1) In general.--The Attorney General shall, subject to the 
     availability of appropriations--
       (A) expand and improve investigative and managerial 
     training courses for State, Indian tribal, and local law 
     enforcement agencies; and
       (B) develop and implement, on a pilot basis with no more 
     than 10 participating cities, an intelligent information 
     system that gathers, integrates, organizes, and analyzes 
     information in active support of investigations by Federal, 
     State, and local law enforcement agencies of violent serial 
     crimes.
       (2) Improvement of facilities.--The improvement described 
     in subsection (a) shall include improvements of the training 
     facilities of the Federal Bureau of Investigation Academy at 
     Quantico, Virginia.
       (3) Intelligent information system.--The intelligent 
     information system described in paragraph (1)(B) shall be 
     developed and implemented by the Federal Bureau of 
     Investigation and shall utilize the resources of the Violent 
     Criminal Apprehension Program.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) to carry out subsection (a)--
       (A) $10,000,000 for fiscal year 1996;
       (B) $20,000,000 for fiscal year 1997;
       (C) $23,000,000 for fiscal year 1998;
       (D) $23,000,000 for fiscal year 1999; and
       (E) $24,000,000 for fiscal year 2000.
       (2) to carry out subsection (b)(1)--
       (A) $4,000,000 for fiscal year 1996;
       (B) $2,000,000 for fiscal year 1997;
       (C) $3,000,000 for fiscal year 1998;
       (D) $5,000,000 for fiscal year 1999; and
       (E) $6,000,000 for fiscal year 2000; and
       (3) to carry out subsection (b)(2)--
       $10,000,000 for fiscal year 1996.
       (d) Definitions.--In this section--
       ``Indian tribe'' means a tribe, band, pueblo, nation, or 
     other organized group or community of Indians, including an 
     Alaska Native village (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     that is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, American Samoa, Guam, and the United States 
     Virgin Islands.
                 Subtitle F--Other State and Local Aid

     SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.

       Section 1001(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
       (1) in paragraph (1) by striking ``1993 and 1994'' and 
     inserting ``1994 and 1995'';
       (2) in paragraph (2) by striking ``1993 and 1994'' and 
     inserting ``1994 and 1995'';
       (3) in paragraph (3) by striking ``1993 and 1994'' and 
     inserting ``1994 and 1995'';
       (4) in paragraph (5) by striking ``1993 and 1994'' and 
     inserting ``1994 and 1995'';
       (5) in paragraph (6) by inserting ``and 1995'' after 
     ``1994'';
       (6) in paragraph (7) by striking ``1991, 1992, 1993, and 
     1994,'' and inserting ``1994 and 1995'';
       (7) in paragraph (8) by inserting ``and 1995'' after 
     ``1994''; and
       (8) in paragraph (9) by inserting ``and 1995'' after 
     ``1994''.

     SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS 
                   ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT 
                   OF THIS ACT.

       (a) In General.--The Attorney General shall, subject to the 
     availability of appropriation, make grants for States and 
     units of local government to pay the costs of providing 
     increased resources for courts, prosecutors, public 
     defenders, and other criminal justice participants as 
     necessary to meet the increased demands for judicial 
     activities resulting from the provisions of this Act and 
     amendments made by this Act.
       (b) Applications.--In carrying out this section, the 
     Attorney General may make grants to, or enter into contracts 
     with public or private agencies, institutions, or 
     organizations or individuals to carry out any purpose 
     specified in this section. The Attorney General shall have 
     final authority over all funds awarded under this section.
       (c) Records.--Each recipient that receives a grant under 
     this section shall keep such records as the Attorney General 
     may require to facilitate an effective audit.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $23,000,000 for fiscal year 1996;
       (2) $30,000,000 for fiscal year 1997;
       (3) $30,000,000 for fiscal year 1998;
       (4) $32,000,000 for fiscal year 1999; and
       (5) $35,000,000 for fiscal year 2000,

     to remain available for obligation until expended.

     SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST 
                   FUND TO FUND ACTIVITIES AUTHORIZED BY THE BRADY 
                   HANDGUN VIOLENCE PREVENTION ACT AND THE 
                   NATIONAL CHILD PROTECTION ACT OF 1993.

       (a) Appropriations.--Of the amounts authorized in Sections 
     103(k) and 106(b)(2) of the Brady Handgun Violence Prevention 
     Act (18 U.S.C. 922 note) and in section 4(b) of the National 
     Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of 
     $100,000,000 for fiscal year 1995, $25,000,000 for fiscal 
     year 1996, and $25,000,000 for fiscal year 1997 may be 
     appropriated from the Violent Crime Reduction Trust Fund 
     established by this Act.
       (b) Technical Amendment.--Sections 103(k) and 106(b) of the 
     Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) 
     are each amended by striking ``, which may be appropriated 
     from the Violent Crime Reduction Trust Fund,''.
               TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

     SEC. 220001. SHORT TITLE.

       This title may be cited as the ``Motor Vehicle Theft 
     Prevention Act''.

     SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this section, the Attorney General shall 
     develop, in cooperation with the States, a national voluntary 
     motor vehicle theft prevention program (in this section 
     referred to as the ``program'') under which--
       (1) the owner of a motor vehicle may voluntarily sign a 
     consent form with a participating State or locality in which 
     the motor vehicle owner--
       (A) states that the vehicle is not normally operated under 
     certain specified conditions; and
       (B) agrees to--
       (i) display program decals or devices on the owner's 
     vehicle; and
       (ii) permit law enforcement officials in any State to stop 
     the motor vehicle and take reasonable steps to determine 
     whether the vehicle is being operated by or with the 
     permission of the owner, if the vehicle is being operated 
     under the specified conditions; and
       (2) participating States and localities authorize law 
     enforcement officials in the State or locality to stop motor 
     vehicles displaying program decals or devices under specified 
     conditions and take reasonable steps to determine whether the 
     vehicle is being operated by or with the permission of the 
     owner.
       (b) Uniform Decal or Device Designs.--
       (1) In general.--The motor vehicle theft prevention program 
     developed pursuant to this section shall include a uniform 
     design or designs for decals or other devices to be displayed 
     by motor vehicles participating in the program.
       (2) Type of design.--The uniform design shall--
       (A) be highly visible; and
       (B) explicitly state that the motor vehicle to which it is 
     affixed may be stopped under the specified conditions without 
     additional grounds for establishing a reasonable suspicion 
     that the vehicle is being operated unlawfully.
       (c) Voluntary Consent Form.--The voluntary consent form 
     used to enroll in the program shall--
       (1) clearly state that participation in the program is 
     voluntary;
       (2) clearly explain that participation in the program means 
     that, if the participating vehicle is being operated under 
     the specified conditions, law enforcement officials may stop 
     the vehicle and take reasonable steps to determine whether it 
     is being operated by or with the consent of the owner, even 
     if the law enforcement officials have no other basis for 
     believing that the vehicle is being operated unlawfully;
       (3) include an express statement that the vehicle is not 
     normally operated under the specified conditions and that the 
     operation of the vehicle under those conditions would provide 
     sufficient grounds for a prudent law enforcement officer to 
     reasonably believe that the vehicle was not being operated by 
     or with the consent of the owner; and
       (4) include any additional information that the Attorney 
     General may reasonably require.
       (d) Specified Conditions Under Which Stops May Be 
     Authorized.--
       (1) In general.--The Attorney General shall promulgate 
     rules establishing the conditions under which participating 
     motor vehicles may be authorized to be stopped under this 
     section. These conditions may not be based on race, creed, 
     color, national origin, gender, or age. These conditions may 
     include--
       (A) the operation of the vehicle during certain hours of 
     the day; or
       (B) the operation of the vehicle under other circumstances 
     that would provide a sufficient basis for establishing a 
     reasonable suspicion that the vehicle was not being operated 
     by the owner, or with the consent of the owner.
       (2) More than one set of conditions.--The Attorney General 
     may establish more than one set of conditions under which 
     participating motor vehicles may be stopped. If more than one 
     set of conditions is established, a separate consent form and 
     a separate design for program decals or devices shall be 
     established for each set of conditions. The Attorney General 
     may choose to satisfy the requirement of a separate design 
     for program decals or devices under this paragraph by the use 
     of a design color that is clearly distinguishable from other 
     design colors.
       (3) No new conditions without consent.--After the program 
     has begun, the conditions under which a vehicle may be 
     stopped if affixed with a certain decal or device design may 
     not be expanded without the consent of the owner.
       (4) Limited participation by states and localities.--A 
     State or locality need not authorize the stopping of motor 
     vehicles under all sets of conditions specified under the 
     program in order to participate in the program.
       (e) Motor Vehicles for Hire.--
       (1) Notification to lessees.--Any person who is in the 
     business of renting or leasing motor vehicles and who rents 
     or leases a motor vehicle on which a program decal or device 
     is affixed shall, prior to transferring possession of the 
     vehicle, notify the person to whom the motor vehicle is 
     rented or leased about the program.
       (2) Type of notice.--The notice required by this subsection 
     shall--
       (A) be in writing;
       (B) be in a prominent format to be determined by the 
     Attorney General; and
       (C) explain the possibility that if the motor vehicle is 
     operated under the specified conditions, the vehicle may be 
     stopped by law enforcement officials even if the officials 
     have no other basis for believing that the vehicle is being 
     operated unlawfully.
       (3) Fine for failure to provide notice.--Failure to provide 
     proper notice under this subsection shall be punishable by a 
     fine not to exceed $5,000.
       (f) Notification of Police.--As a condition of 
     participating in the program, a State or locality must agree 
     to take reasonable steps to ensure that law enforcement 
     officials throughout the State or locality are familiar with 
     the program, and with the conditions under which motor 
     vehicles may be stopped under the program.
       (g) Regulations.--The Attorney General shall promulgate 
     regulations to implement this section.
       (h) Authorization of Appropriations.--There are authorized 
     to carry out this section.
       (1) $1,500,000 for fiscal year 1996;
       (2) $1,700,000 for fiscal year 1997; and
       (3) $1,800,000 for fiscal year 1998.

     SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE 
                   IDENTIFICATION NUMBERS.

       (a) Basic Offense.--Subsection (a) of section 511 of title 
     18, United States Code, is amended to read as follows:
       ``(a) A person who--
       ``(1) knowingly removes, obliterates, tampers with, or 
     alters an identification number for a motor vehicle or motor 
     vehicle part; or
       ``(2) with intent to further the theft of a motor vehicle, 
     knowingly removes, obliterates, tampers with, or alters a 
     decal or device affixed to a motor vehicle pursuant to the 
     Motor Vehicle Theft Prevention Act,

     shall be fined under this title, imprisoned not more than 5 
     years, or both.''.
       (b) Excepted Persons.--Paragraph (2) of section 511(b) of 
     title 18, United States Code, is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) a person who removes, obliterates, tampers with, or 
     alters a decal or device affixed to a motor vehicle pursuant 
     to the Motor Vehicle Theft Prevention Act, if that person is 
     the owner of the motor vehicle, or is authorized to remove, 
     obliterate, tamper with or alter the decal or device by--
       ``(i) the owner or his authorized agent;
       ``(ii) applicable State or local law; or
       ``(iii) regulations promulgated by the Attorney General to 
     implement the Motor Vehicle Theft Prevention Act.''.
       (c) Definition.--Section 511 of title 18, United States 
     Code, is amended by adding at the end thereof the following:
       ``(d) For purposes of subsection (a) of this section, the 
     term `tampers with' includes covering a program decal or 
     device affixed to a motor vehicle pursuant to the Motor 
     Vehicle Theft Prevention Act for the purpose of obstructing 
     its visibility.''.
       (d) Unauthorized Application of a Decal or Device.--
       (1) In general.--Chapter 25 of title 18, United States 
     Code, is amended by adding after section 511 the following 
     new section:

     ``Sec. 511A. Unauthorized application of theft prevention 
       decal or device

       ``(a) Whoever affixes to a motor vehicle a theft prevention 
     decal or other device, or a replica thereof, unless 
     authorized to do so pursuant to the Motor Vehicle Theft 
     Prevention Act, shall be punished by a fine not to exceed 
     $1,000.
       ``(b) For purposes of this section, the term `theft 
     prevention decal or device' means a decal or other device 
     designed in accordance with a uniform design for such devices 
     developed pursuant to the Motor Vehicle Theft Prevention 
     Act.''.
       (2) Technical amendment.--The chapter analysis for chapter 
     25 of title 18, United States Code, is amended by adding 
     after the item relating to section 511 the following new 
     item:

``511A. Unauthorized application of theft prevention decal or 
              device.''.
                     TITLE XXIII--VICTIMS OF CRIME
                      Subtitle A--Victims of Crime

     SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

       (a) Modification of Proposed Amendments.--The proposed 
     amendments to the Federal Rules of Criminal Procedure which 
     are embraced by an order entered by the Supreme Court of the 
     United States on April 29, 1994, shall take effect on 
     December 1, 1994, as otherwise provided by law, but with the 
     following amendments:
       (b) In General.--Rule 32 of the Federal Rules of Criminal 
     Procedure is amended by--
       (1) striking ``and'' following the semicolon in subdivision 
     (c)(3)(C);
       (2) striking the period at the end of subdivision (c)(3)(D) 
     and inserting ``; and'';
       (3) inserting after subdivision (c)(3)(D) the following:
       ``(E) 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 or present any information 
     in relation to the sentence.'';
       (4) in subdivision (c)(3)(D), striking ``equivalent 
     opportunity'' and inserting in lieu thereof ``opportunity 
     equivalent to that of the defendant's counsel'';
       (5) in the last sentence of subdivision (c)(4), striking 
     ``and (D)'' and inserting ``(D), and (E)'';
       (6) in the last sentence of subdivision (c)(4), inserting 
     ``the victim,'' before ``or the attorney for the 
     Government.''; and
       (7) adding at the end the following:
       ``(f) Definitions.--For purposes of this rule--
       ``(1) `victim' means any individual against whom an offense 
     has been committed for which a sentence is to be imposed, but 
     the right of allocution under subdivision (c)(3)(E) may be 
     exercised instead by--
       ``(A) a parent or legal guardian if the victim is below the 
     age of eighteen years or incompetent; or
       ``(B) one or more family members or relatives designated by 
     the court if 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.''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall become effective on December 1, 1994.

     SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A 
                   VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO 
                   SPEAK AT AN OFFENDER'S SENTENCING HEARING AND 
                   ANY PAROLE HEARING.

       It is the sense of the Senate that--
       (1) the law of a State should provide for a victim's right 
     of allocution at a sentencing hearing and at any parole 
     hearing if the offender has been convicted of a crime of 
     violence or sexual abuse;
       (2) such a victim should have an opportunity equivalent to 
     the opportunity accorded to the offender to address the 
     sentencing court or parole board and to present information 
     in relation to the sentence imposed or to the early release 
     of the offender; and
       (3) if the victim is not able to or chooses not to testify 
     at a sentencing hearing or parole hearing, the victim's 
     parents, legal guardian, or family members should have the 
     right to address the court or board.
                    Subtitle B--Crime Victims' Fund

     SEC. 230201. 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) 48.5 percent shall be available for grants under 
     section 1403;
       ``(B) 48.5 percent shall be available for grants under 
     section 1404(a); and
       ``(C) 3 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)''.

     SEC. 230202. 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 new 
     subsection:
       ``(e) Notwithstanding any other 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,--
       ``(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. 230203. 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. 230204. 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. 230205. 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. 230206. 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. 230207. 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''.

     SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.

       Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 
     (42 U.S.C. 10603(a)(5)(B)) is amended to read as follows:
       ``(B) $200,000 thereafter.''.
                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

     SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT 
                   PROGRAM.

       (a) Grant.--The Attorney General shall, subject to the 
     availability of appropriations, award a grant to an eligible 
     organization to assist the organization in paying for the 
     costs of planning, designing, establishing, and operating a 
     Missing Alzheimer's Disease Patient Alert Program, which 
     shall be a locally based, proactive program to protect and 
     locate missing patients with Alzheimer's disease and related 
     dementias.
       (b) Application.--To be eligible to receive a grant under 
     subsection (a), an organization shall submit an application 
     to the Attorney General at such time, in such manner, and 
     containing such information as the Attorney General may 
     require, including, at a minimum, an assurance that the 
     organization will obtain and use assistance from private 
     nonprofit organizations to support the program.
       (c) Eligible Organization.--The Attorney General shall 
     award the grant described in subsection (a) to a national 
     voluntary organization that has a direct link to patients, 
     and families of patients, with Alzheimer's disease and 
     related dementias.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $900,000 for fiscal year 1996;
       (2) $900,000 for fiscal year 1997; and
       (3) $900,000 for fiscal year 1998.

     SEC. 240002. CRIMES AGAINST THE ELDERLY.

       (a) In General.--Pursuant to its authority under the 
     Sentencing Reform Act of 1984 and section 21 of the 
     Sentencing Act of 1987 (including its authority to amend the 
     sentencing guidelines and policy statements) and its 
     authority to make such amendments on an emergency basis, the 
     United States Sentencing Commission shall ensure that the 
     applicable guideline range for a defendant convicted of a 
     crime of violence against an elderly victim is sufficiently 
     stringent to deter such a crime, to protect the public from 
     additional crimes of such a defendant, and to adequately 
     reflect the heinous nature of such an offense.
       (b) Criteria.--In carrying out subsection (a), the United 
     States Sentencing Commission shall ensure that--
       (1) the guidelines provide for increasingly severe 
     punishment for a defendant commensurate with the degree of 
     physical harm caused to the elderly victim;
       (2) the guidelines take appropriate account of the 
     vulnerability of the victim; and
       (3) the guidelines provide enhanced punishment for a 
     defendant convicted of a crime of violence against an elderly 
     victim who has previously been convicted of a crime of 
     violence against an elderly victim, regardless of whether the 
     conviction occurred in Federal or State court.
       (c) Definitions.--In this section--
       ``crime of violence'' means an offense under section 113, 
     114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, 
     United States Code.
       ``elderly victim'' means a victim who is 65 years of age or 
     older at the time of an offense.
           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

     SEC. 250001. SHORT TITLE.

       This Act may be cited as the ``Senior Citizens Against 
     Marketing Scams Act of 1994''.

     SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.

       (a) Offense.--Part I of title 18, United States Code, is 
     amended--
       (1) by redesignating chapter 113A as chapter 113B; and
       (2) by inserting after chapter 113 the following new 
     chapter:

                  ``CHAPTER 113A--TELEMARKETING FRAUD

  ``Sec.
``2325. Definition.
``2326. Enhanced penalties.
``2327. Mandatory restitution.

     ``Sec. 2325. Definition

       ``In this chapter, `telemarketing'--
       ``(1) means a plan, program, promotion, or campaign that is 
     conducted to induce--
       ``(A) purchases of goods or services; or
       ``(B) participation in a contest or sweepstakes,

     by use of 1 or more interstate telephone calls initiated 
     either by a person who is conducting the plan, program, 
     promotion, or campaign or by a prospective purchaser or 
     contest or sweepstakes participant; but
       ``(2) does not include the solicitation of sales through 
     the mailing of a catalog that--
       ``(A) contains a written description or illustration of the 
     goods or services offered for sale;
       ``(B) includes the business address of the seller;
       ``(C) includes multiple pages of written material or 
     illustration; and
       ``(D) has been issued not less frequently than once a year,

     if the person making the solicitation does not solicit 
     customers by telephone but only receives calls initiated by 
     customers in response to the catalog and during those calls 
     take orders without further solicitation.

     ``Sec. 2326. Enhanced penalties

       ``A person who is convicted of an offense under section 
     1028, 1029, 1341, 1342, 1343, or 1344 in connection with the 
     conduct of telemarketing--
       ``(1) may be imprisoned for a term of up to 5 years in 
     addition to any term of imprisonment imposed under any of 
     those sections, respectively; and
       ``(2) in the case of an offense under any of those sections 
     that--
       ``(A) victimized ten or more persons over the age of 55; or
       ``(B) targeted persons over the age of 55,

     may be imprisoned for a term of up to 10 years in addition to 
     any term of imprisonment imposed under any of those sections, 
     respectively.

     ``Sec. 2327. Mandatory restitution

       ``(a) In General.--Notwithstanding section 3663, and in 
     addition to any other civil or criminal penalty authorized by 
     law, the court shall order restitution for any offense under 
     this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Directions.--The order of restitution under this 
     section shall direct that--
       ``(A) the defendant pay to the victim (through the 
     appropriate court mechanism) the full amount of the victim's 
     losses as determined by the court, pursuant to paragraph (3); 
     and
       ``(B) the United States Attorney enforce the restitution 
     order by all available and reasonable means.
       ``(2) Enforcement by victim.--An order of restitution may 
     be enforced by a victim named in the order to receive the 
     restitution as well as by the United States Attorney, in the 
     same manner as a judgment in a civil action.
       ``(3) Definition.--For purposes of this subsection, the 
     term `full amount of the victim's losses' means all losses 
     suffered by the victim as a proximate result of the offense.
       ``(4) Order mandatory.--(A) The issuance of a restitution 
     order under this section is mandatory.
       ``(B) A court may not decline to issue an order under this 
     section because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(C)(i) Notwithstanding subparagraph (A), the court may 
     take into account the economic circumstances of the defendant 
     in determining the manner in which and the schedule according 
     to which the restitution is to be paid.
       ``(ii) For purposes of this subparagraph, the term 
     `economic circumstances' includes--
       ``(I) the financial resources and other assets of the 
     defendant;
       ``(II) projected earnings, earning capacity, and other 
     income of the defendant; and
       ``(III) any financial obligations of the defendant, 
     including obligations to dependents.
       ``(D) Subparagraph (A) does not apply if--
       ``(i) the court finds on the record that the economic 
     circumstances of the defendant do not allow for the payment 
     of any amount of a restitution order, and do not allow for 
     the payment of any or some portion of the amount of a 
     restitution order in the foreseeable future (under any 
     reasonable schedule of payments); and
       ``(ii) the court enters in its order the amount of the 
     victim's losses, and provides a nominal restitution award.
       ``(5) More than 1 offender.--When the court finds that more 
     than 1 offender has contributed to the loss of a victim, the 
     court may make each offender liable for payment of the full 
     amount of restitution or may apportion liability among the 
     offenders to reflect the level of contribution and economic 
     circumstances of each offender.
       ``(6) More than 1 victim.--When the court finds that more 
     than 1 victim has sustained a loss requiring restitution by 
     an offender, the court shall order full restitution of each 
     victim but may provide for different payment schedules to 
     reflect the economic circumstances of each victim.
       ``(7) Payment schedule.--An order under this section may 
     direct the defendant to make a single lump-sum payment or 
     partial payments at specified intervals.
       ``(8) Setoff.--Any amount paid to a victim under this 
     section shall be set off against any amount later recovered 
     as compensatory damages by the victim from the defendant in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(9) Effect on other sources of compensation.--The 
     issuance of a restitution order shall not affect the 
     entitlement of a victim to receive compensation with respect 
     to a loss from insurance or any other source until the 
     payments actually received by the victim under the 
     restitution order fully compensate the victim for the loss.
       ``(10) Condition of probation or supervised release.--
     Compliance with a restitution issued under this section shall 
     be a condition of any probation or supervised release of a 
     defendant. The court may revoke probation or a term of 
     supervised release, modify the terms or conditions of 
     probation or a term of supervised release, hold the defendant 
     in contempt pursuant to section 3583(e), or suspend the 
     offender's eligibility for any grant, contract, loan, 
     professional license, or commercial license provided by an 
     agency of the United States or with appropriated funds of the 
     United States if the defendant fails to comply with the 
     order. In determining whether to revoke probation or a term 
     of supervised release, modify the terms or conditions of 
     probation or supervised release or hold a defendant serving a 
     term of supervised release in contempt, the court shall 
     consider the defendant's employment status, earning ability 
     and financial resources, the willfulness of the defendant's 
     failure to comply, and any other circumstances that may have 
     a bearing on the defendant's ability to comply.
       ``(c) Proof of Claim.--
       ``(1) Affidavit.--Within 60 days after conviction and, in 
     any event, not later than 10 days prior to sentencing, the 
     United States Attorney (or the United States Attorney's 
     delegee), after consulting with the victim, shall prepare and 
     file an affidavit with the court listing the amounts subject 
     to restitution under this section. The affidavit shall be 
     signed by the United States Attorney (or the United States 
     Attorney's delegee) and the victim. Should the victim object 
     to any of the information included in the affidavit, the 
     United States Attorney (or the United States Attorney's 
     delegee) shall advise the victim that the victim may file a 
     separate affidavit and shall provide the victim with an 
     affidavit form which may be used to do so.
       ``(2) Objection.--If, after the defendant has been notified 
     of the affidavit, no objection is raised by the defendant, 
     the amounts attested to in the affidavit filed pursuant to 
     paragraph (1) shall be entered in the court's restitution 
     order. If objection is raised, the court may require the 
     victim or the United States Attorney (or the United States 
     Attorney's delegee) to submit further affidavits or other 
     supporting documents, demonstrating the victim's losses.
       ``(3) Additional documentation and testimony.--If the court 
     concludes, after reviewing the supporting documentation and 
     considering the defendant's objections, that there is a 
     substantial reason for doubting the authenticity or veracity 
     of the records submitted, the court may require additional 
     documentation or hear testimony on those questions. The 
     privacy of any records filed, or testimony heard, pursuant to 
     this section shall be maintained to the greatest extent 
     possible, and such records may be filed or testimony heard in 
     camera.
       ``(4) Final determination of losses.--If the victim's 
     losses are not ascertainable by the date that is 10 days 
     prior to sentencing as provided in paragraph (1), the United 
     States Attorney (or the United States Attorney's delegee) 
     shall so inform the court, and the court shall set a date for 
     the final determination of the victim's losses, not to exceed 
     90 days after sentencing. If the victim subsequently 
     discovers further losses, the victim shall have 60 days after 
     discovery of those losses in which to petition the court for 
     an amended restitution order. Such order may be granted only 
     upon a showing of good cause for the failure to include such 
     losses in the initial claim for restitutionary relief.
       ``(d) Modification of Order.--A victim or the offender may 
     petition the court at any time to modify a restitution order 
     as appropriate in view of a change in the economic 
     circumstances of the offender.
       ``(e) Reference to Magistrate or Special Master.--The court 
     may refer any issue arising in connection with a proposed 
     order of restitution to a magistrate or special master for 
     proposed findings of fact and recommendations as to 
     disposition, subject to a de novo determination of the issue 
     by the court.
       ``(f) Definition.--For purposes of this section, the term 
     `victim' includes the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is incompetent, incapacitated, or 
     deceased, the legal guardian of the victim or representative 
     of the victim's estate, another family member, or any other 
     person appointed as suitable by the court, but in no event 
     shall the defendant be named as such representative or 
     guardian.''.
       (b) Technical Amendments.--
       (1) Part analysis.--The part analysis for part I of title 
     18, United States Code, is amended by striking the item 
     relating to chapter 113A and inserting the following:

``113A. Telemarketing fraud....................................2325....

``113B. Terrorism...........................................2331''.....

       (2) Chapter 113b.--The chapter heading for chapter 113B of 
     title 18, United States Code, as redesignated by subsection 
     (a)(1), is amended to read as follows:

                      ``CHAPTER 113B--TERRORISM''.

     SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER 
                   VICTIMS.

       (a) Review.--The United States Sentencing Commission shall 
     review and, if necessary, amend the sentencing guidelines to 
     ensure that victim related adjustments for fraud offenses 
     against older victims over the age of 55 are adequate.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Sentencing Commission shall report 
     to Congress the result of its review under subsection (a).

     SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION 
                   AND CONVICTION.

       Section 3059 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c)(1) In special circumstances and in the Attorney 
     General's sole discretion, the Attorney General may make a 
     payment of up to $10,000 to a person who furnishes 
     information unknown to the Government relating to a possible 
     prosecution under section 2326 which results in a conviction.
       ``(2) A person is not eligible for a payment under 
     paragraph (1) if--
       ``(A) the person is a current or former officer or employee 
     of a Federal, State, or local government agency or 
     instrumentality who furnishes information discovered or 
     gathered in the course of government employment;
       ``(B) the person knowingly participated in the offense;
       ``(C) the information furnished by the person consists of 
     an allegation or transaction that has been disclosed to the 
     public--
       ``(i) in a criminal, civil, or administrative proceeding;
       ``(ii) in a congressional, administrative, or General 
     Accounting Office report, hearing, audit, or investigation; 
     or
       ``(iii) by the news media, unless the person is the 
     original source of the information; or
       ``(D) when, in the judgment of the Attorney General, it 
     appears that a person whose illegal activities are being 
     prosecuted or investigated could benefit from the award.
       ``(3) For the purposes of paragraph (2)(C)(iii), the term 
     `original source' means a person who has direct and 
     independent knowledge of the information that is furnished 
     and has voluntarily provided the information to the 
     Government prior to disclosure by the news media.
       ``(4) Neither the failure of the Attorney General to 
     authorize a payment under paragraph (1) nor the amount 
     authorized shall be subject to judicial review.''.

     SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for the purposes of 
     carrying out this Act and the amendments made by this Act--
       (1) for the Federal Bureau of Investigation to hire, equip, 
     and train special agents and support staff to investigate 
     telemarketing fraud cases--
       (A) $750,000 for fiscal year 1996;
       (B) $1,500,000 for fiscal year 1997;
       (C) $1,500,000 for fiscal year 1998;
       (D) $1,800,000 for fiscal year 1999; and
       (E) $1,950,000 for fiscal year 2000;
       (2) to hire, equip, and train Department of Justice 
     attorneys, assistant United States Attorneys, and support 
     staff to prosecute telemarketing fraud cases--
       (A) $250,000 for fiscal year 1996;
       (B) $500,000 for fiscal year 1997;
       (C) $500,000 for fiscal year 1998;
       (D) $600,000 for fiscal year 1999; and
       (E) $650,000 for fiscal year 2000; and
       (3) for the Department of Justice to conduct, in 
     cooperation with State and local law enforcement agencies and 
     senior citizen advocacy organizations, public awareness and 
     prevention initiatives for senior citizens, such as seminars 
     and training--
       (A) $1,000,000 for fiscal year 1996;
       (B) $2,000,000 for fiscal year 1997;
       (C) $2,000,000 for fiscal year 1998;
       (D) $2,500,000 for fiscal year 1999; and
       (E) $2,500,000 for fiscal year 2000.

     SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.

       Section 1341 of title 18, United States Code, is amended--
       (1) by inserting ``or deposits or causes to be deposited 
     any matter or thing whatever to be sent or delivered by any 
     private or commercial interstate carrier,'' after ``Postal 
     Service,''; and
       (2) by inserting ``or such carrier'' after ``causes to be 
     delivered by mail''.

     SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
                   ACCESS DEVICES.

       Section 1029 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``or'' at the end of paragraph (3); and
       (B) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) knowingly and with intent to defraud effects 
     transactions, with 1 or more access devices issued to another 
     person or persons, to receive payment or any other thing of 
     value during any 1-year period the aggregate value of which 
     is equal to or greater than $1,000;
       ``(6) without the authorization of the issuer of the access 
     device, knowingly and with intent to defraud solicits a 
     person for the purpose of--
       ``(A) offering an access device; or
       ``(B) selling information regarding or an application to 
     obtain an access device; or
       ``(7) without the authorization of the credit card system 
     member or its agent, knowingly and with intent to defraud 
     causes or arranges for another person to present to the 
     member or its agent, for payment, 1 or more evidences or 
     records of transactions made by an access device;'';
       (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' 
     and inserting ``(a) (2), (3), (5), (6), or (7)''; and
       (3) in subsection (e)--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(7) the term `credit card system member' means a 
     financial institution or other entity that is a member of a 
     credit card system, including an entity, whether affiliated 
     with or identical to the credit card issuer, that is the sole 
     member of a credit card system.''.

     SEC. 250008. INFORMATION NETWORK.

       (a) Hotline.--The Attorney General shall, subject to the 
     availability of appropriations, establish a national toll-
     free hotline for the purpose of--
       (1) providing general information on telemarketing fraud to 
     interested persons; and
       (2) gathering information related to possible violations of 
     this Act.
       (b) Action on Information Gathered.--The Attorney General 
     shall work in cooperation with the Federal Trade Commission 
     to ensure that information gathered through the hotline shall 
     be acted on in an appropriate manner.
           TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

     SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.

       (a) Membership.--Section 211(B)(f) of Public Law 101-515 
     (104 Stat. 2123) is amended to read as follows:
       ``(f) Number and Appointment.--
       ``(1) In general.--The Commission shall be composed of 29 
     members as follows:
       ``(A) Nine individuals appointed from national law 
     enforcement organizations representing law enforcement 
     officers, of whom--
       ``(i) two shall be appointed by the Speaker of the House of 
     Representatives;
       ``(ii) two shall be appointed by the majority leader of the 
     Senate;
       ``(iii) two shall be appointed by the minority leader of 
     the House of Representatives;
       ``(iv) two shall be appointed by the minority leader of the 
     Senate; and
       ``(v) one shall be appointed by the President.
       ``(B) Nine individuals appointed from national law 
     enforcement organizations representing law enforcement 
     management, of whom--
       ``(i) two shall be appointed by the Speaker of the House of 
     Representatives;
       ``(ii) two shall be appointed by the majority leader of the 
     Senate;
       ``(iii) two shall be appointed by the minority leader of 
     the House of Representatives;
       ``(iv) two shall be appointed by the minority leader of the 
     Senate; and
       ``(v) one shall be appointed by the President.
       ``(C) Two individuals appointed with academic expertise 
     regarding law enforcement issues, of whom--
       ``(i) one shall be appointed by the Speaker of the House of 
     Representatives and the majority leader of the Senate; and
       ``(ii) one shall be appointed by the minority leader of the 
     Senate and the minority leader of the House of 
     Representatives.
       ``(D) Two Members of the House of Representatives, 
     appointed by the Speaker and the minority leader of the House 
     of Representatives.
       ``(E) Two Members of the Senate, appointed by the majority 
     leader and the minority leader of the Senate.
       ``(F) One individual from the Department of Justice, 
     appointed by the President.
       ``(G) Two individuals representing a State or local 
     governmental entity, such as a Governor, mayor, or State 
     attorney general, to be appointed jointly by the majority 
     leader and the minority leader of the Senate.
       ``(H) Two individuals representing a State or local 
     governmental entity, such as a Governor, mayor, or State 
     attorney general, to be appointed jointly by the Speaker and 
     the minority leader of the House of Representatives.
       ``(2) Comptroller general.--The Comptroller General shall 
     serve in an advisory capacity and shall oversee the 
     methodology and approve of the Commission study.
       ``(3) Chairperson.--Upon their appointment the members of 
     the Commission shall select one of their number to act as 
     chairperson.
       ``(4) Appointment date.--Members of the Commission shall be 
     appointed no later than 90 days after the enactment of this 
     Act.''.
       (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,''.
       (c) Reimbursement.--
       (1) Section 211(B)(i) of Public Law 101-515 (104 Stat. 
     2124) is amended by striking ``non-reimbursable'' and 
     inserting ``a reimbursable''.
       (2) Section 211(b)(j) of Public Law 101-515 (104 Stat. 
     2124) is amended by adding after ``Commission'' the 
     following: ``, on a reimbursable basis,''.

     SEC. 260002. CONFORMING AMENDMENT.

       Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) 
     is repealed.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON 
                      CRIME PREVENTION AND CONTROL

     SEC. 270001. PRESIDENTIAL SUMMIT.

       Congress calls on the President to convene a national 
     summit on violence in America prior to convening the 
     Commission established under this title.

     SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; 
                   REPRESENTATION.

       (a) Establishment and Appointment of Members.--There is 
     established a commission to be known as the ``National 
     Commission on Crime Control and Prevention''. The Commission 
     shall be composed of 28 members appointed as follows:
       (1) 10 persons by the President, not more than 6 of whom 
     shall be of the same major political party.
       (2) 9 persons by the President pro tempore of the Senate, 5 
     of whom shall be appointed on the recommendation of the 
     Majority Leader of the Senate and the chairman of the 
     Committee on the Judiciary of the Senate, and 4 of whom shall 
     be appointed on the recommendation of the Minority Leader of 
     the Senate and the ranking minority member of the Committee 
     on the Judiciary of the Senate.
       (3) 9 persons appointed by the Speaker of the House of 
     Representatives, in consultation with the chairman of the 
     Committee on the Judiciary of the House of Representatives, 
     and 4 of whom shall be appointed on the recommendation of the 
     Minority Leader of the House of Representatives, in 
     consultation with the ranking member of the Committee on the 
     Judiciary.
       (b) Committees and Task Forces.--The Commission shall 
     establish committees or task forces from among its members 
     for the examination of specific subject areas and the 
     carrying out of other functions or responsibilities of the 
     Commission, including committees or task forces for the 
     examination of the subject areas of crime and violence 
     generally, the causes of the demand for drugs, violence in 
     schools, and violence against women, as described in 
     subsections (b) through (e) of section 270004.
       (c) Representation.--(1) At least 1 member of the 
     Commission appointed by the President, at least 2 members of 
     the Commission appointed by the President pro tempore of the 
     Senate, and at least 2 members of the Commission appointed by 
     the Speaker of the House of Representatives shall be persons 
     well-qualified to participate in the Commission's examination 
     of the subject area of crime and violence generally, with 
     education, training, expertise, or experience in such areas 
     as law enforcement, law, sociology, psychology, social work, 
     and ethnography and urban poverty (including health care, 
     housing, education, and employment).
       (2) At least 1 member of the Commission appointed by the 
     President, at least 2 members of the Commission appointed by 
     the President pro tempore of the Senate, and at least 2 
     members of the Commission appointed by the Speaker of the 
     House of Representatives shall be persons well-qualified to 
     participate in the Commission's examination of the subject 
     area of the causes of the demand for drugs, with education, 
     training, expertise, or experience in such areas as 
     addiction, biomedicine, sociology, psychology, law, and 
     ethnography and urban poverty (including health care, 
     housing, education, and employment).
       (3) At least 1 member of the Commission appointed by the 
     President, at least 2 members of the Commission appointed by 
     the President pro tempore of the Senate, and at least 2 
     members of the Commission appointed by the Speaker of the 
     House of Representatives shall be persons well-qualified to 
     participate in the Commission's examination of the subject 
     area of violence in schools, with education, training, 
     expertise, or experience in such areas as law nforcement, 
     education, school governance policy and teaching, law, 
     sociology, psychology, and ethnography and urban poverty 
     (including health care, housing, education, and employment).
       (4) At least 1 member of the Commission appointed by the 
     President, at least 2 members of the Commission appointed by 
     the President pro tempore of the Senate, and at least 2 
     members of the Commission appointed by the Speaker of the 
     House of Representatives shall be persons well-qualified to 
     participate in the Commission's examination of the subject 
     area of violence against women, as survivors of violence, or 
     as persons with education, training, expertise, or experience 
     in such areas as law enforcement, law, judicial 
     administration, prosecution, defense, victim services or 
     advocacy in sexual assault or domestic violence cases 
     (including medical services and counseling), and protection 
     of victims' rights.

     SEC. 270003. PURPOSES.

       The purposes of the Commission are as follows:
       (1) To develop a comprehensive proposal for preventing and 
     controlling crime and violence in the United States, 
     including cost estimates for implementing any recommendations 
     made by the Commission.
       (2) To bring attention to successful models and programs in 
     crime prevention and crime control.
       (3) To reach out beyond the traditional criminal justice 
     community for ideas for controlling and preventing crime.
       (4) To recommend improvements in the coordination of local, 
     State, Federal, and international crime control and 
     prevention efforts, including efforts relating to crime near 
     international borders.
       (5) To make a comprehensive study of the economic and 
     social factors leading to or contributing to crime and 
     violence, including the causes of illicit drug use and other 
     substance abuse, and to develop specific proposals for 
     legislative and administrative actions to reduce crime and 
     violence and the factors that contribute to it.
       (6) To recommend means of utilizing criminal justice 
     resources as effectively as possible, including targeting 
     finite correctional facility space to the most serious and 
     violent offenders, and considering increased use of 
     intermediate sanctions for offenders who can be dealt with 
     adequately by such means.
       (7) To examine distinctive crime problems and the impact of 
     crime on members of minority groups, Indians living on 
     reservations, and other groups defined by race, ethnicity, 
     religion, age, disability, or other characteristics, and to 
     recommend specific responses to the distinctive crime 
     problems of such groups.
       (8) To examine the problem of sexual assaults, domestic 
     violence, and other criminal and unlawful acts that 
     particularly affect women, and to recommend Federal, State, 
     and local strategies for more effectively preventing and 
     punishing such crimes and acts.
       (9) To examine the treatment of victims in Federal, State, 
     and local criminal justice systems, and to develop 
     recommendations to enhance and protect the rights of victims.
       (10) To examine the ability of Federal, State, and local 
     criminal justice systems to administer criminal law and 
     criminal sanctions impartially without discrimination on the 
     basis of race, ethnicity, religion, gender, or other legally 
     proscribed grounds, and to make recommendations for 
     correcting any deficiencies in the impartial administration 
     of justice on these grounds.
       (11) To examine the nature, scope, causes, and complexities 
     of violence in schools and to recommend a comprehensive 
     response to that problem.

     SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.

       (a) In General.--The responsibilities of the Commission 
     shall include such study and consultation as may be necessary 
     or appropriate to carry out the purposes set forth in section 
     270003, including the specific measures described in 
     subsections (b) through (e) in relation to the subject areas 
     addressed in those subsections.
       (b) Crime and Violence Generally.--In addressing the 
     subject of crime and violence generally, the activities of 
     the Commission shall include the following:
       (1) Reviewing the effectiveness of traditional criminal 
     justice approaches in preventing and controlling crime and 
     violence.
       (2) Examining the impact that changes in Federal and State 
     law have had in controlling crime and violence.
       (3) Examining 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 the Nation's youth.
       (4) Examining the problem of youth gangs and providing 
     recommendations as to how to reduce youth involvement in 
     violent crime.
       (5) Examining the extent to which the use of dangerous 
     weapons in the commission of crime has contributed to 
     violence and murder in the United States.
       (6) Convening field hearings in various regions of the 
     country to receive testimony from a cross section of criminal 
     justice professionals, business leaders, elected officials, 
     medical doctors, and other persons who wish to participate.
       (7) Reviewing all segments of the Nation's criminal justice 
     systems, including the law enforcement, prosecution, defense, 
     judicial, and corrections components in developing the crime 
     control and prevention proposal.
       (c) Causes of the Demand for Drugs.--In addressing the 
     subject of the causes of the demand for drugs, the activities 
     of the Commission shall include the following:
       (1) Examining the root causes of illicit drug use and abuse 
     in the United States, including by compiling existing 
     research regarding those root causes, and including 
     consideration of the following factors:
       (A) The characteristics of potential illicit drug users and 
     abusers or drug traffickers, including age and social, 
     economic, and educational backgrounds.
       (B) Environmental factors that contribute to illicit drug 
     use and abuse, including the correlation between 
     unemployment, poverty, and homelessness and drug 
     experimentation and abuse.
       (C) The effects of substance use and abuse by a relative or 
     friend in contributing to the likelihood and desire of an 
     individual to experiment with illicit drugs.
       (D) Aspects of, and changes in cultural values, attitudes 
     and traditions that contribute to illicit drug use and abuse.
       (E) The physiological and psychological factors that 
     contribute to the desire for illicit drugs.
       (2) Evaluating Federal, State, and local laws and policies 
     on the prevention of drug abuse, control of unlawful 
     production, distribution and use of controlled substances, 
     and the efficacy of sentencing policies with regard to those 
     laws.
       (3) Analyzing the allocation of resources among 
     interdiction of controlled substances entering the United 
     States, enforcement of Federal laws relating to the unlawful 
     production, distribution, and use of controlled substances, 
     education with regard to and the prevention of the unlawful 
     use of controlled substances, and treatment and 
     rehabilitation of drug abusers.
       (4) Analyzing current treatment and rehabilitation methods 
     and making recommendations for improvements.
       (5) Identifying any existing gaps in drug abuse policy that 
     result from the lack of attention to the root causes of drug 
     abuse.
       (6) Assessing the needs of government at all levels for 
     resources and policies for reducing the overall desire of 
     individuals to experiment with and abuse illicit drugs.
       (7) Making recommendations regarding necessary improvements 
     in policies for reducing the use of illicit drugs in the 
     United States.
       (d) Violence in Schools.--In addressing the subject of 
     violence in schools, the activities of the Commission shall 
     include the following:
       (1) Defining the causes of violence in schools.
       (2) Defining the scope of the national problem of violence 
     in schools.
       (3) Providing statistics and data on the problem of 
     violence in schools on a State-by-State basis.
       (4) Investigating the problem of youth gangs and their 
     relation to violence in schools and providing recommendations 
     on how to reduce youth involvement in violent crime in 
     schools.
       (5) Examining the extent to which dangerous weapons have 
     contributed to violence and murder in schools.
       (6) Exploring the extent to which the school environment 
     has contributed to violence in schools.
       (7) Reviewing the effectiveness of current approaches in 
     preventing violence in schools.
       (e) Violence Against Women.--In addressing the subject of 
     sexual assault, domestic violence, and other criminal and 
     unlawful acts that particularly affect women, the activities 
     of the Commission shall include the following:
       (1) Evaluating the adequacy of, and making recommendations 
     regarding, current law enforcement efforts at the Federal, 
     State, and local levels to reduce the incidence of such 
     crimes and acts, and to punish those responsible for such 
     crimes and acts.
       (2) Evaluating the adequacy of, and making recommendations 
     regarding, the responsiveness of prosecutors and courts to 
     such crimes and acts.
       (3) Evaluating the adequacy of rules of evidence, practice, 
     and procedure to ensure the effective prosecution and 
     conviction of perpetrators of such crimes and acts and to 
     protect victims of such crimes and acts 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 in 
     relation to such crimes and acts.
       (5) Evaluating the adequacy of, and making recommendations 
     regarding, the adequacy of Federal and State 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 Federal and State 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 
     protective services for victims of such crimes and acts.
       (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 recommending 
     effective means of response to the problem.
       (10) Evaluating the adequacy of, and making recommendations 
     regarding, programs for public awareness and public 
     dissemination of information to prevent such crimes and acts.
       (11) Evaluating the treatment of victims of such crimes and 
     acts in Federal, State, and local criminal justice systems, 
     and making recommendations designed to improve such 
     treatment.

     SEC. 270005. ADMINISTRATIVE MATTERS.

       (a) Chair.--The President shall designate a member of the 
     Commission to chair the Commission.
       (b) No Additional Pay or Benefits; Per Diem.--Members of 
     the Commission shall receive no pay or benefits by reason of 
     their service on the Commission, but shall receive travel 
     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.
       (c) Vacancies.--Vacancies on the Commission shall be filled 
     in the same manner as initial appointments.
       (d) Meetings Open to the Public.--The Commission shall be 
     considered to be an agency for the purposes of section 552b 
     of title 5, United States Code, relating to the requirement 
     that meetings of Federal agencies be open to the public.

     SEC. 270006. STAFF AND SUPPORT SERVICES.

       (a) Director.--With the approval of the Commission, the 
     chairperson shall appoint a staff director for the 
     Commission.
       (b) Staff.--With the approval of the Commission, the staff 
     director may appoint and fix the compensation of staff 
     personnel for the Commission.
       (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. Staff compensation may be set 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, but in no event shall any such personnel be 
     compensated at a rate greater than the rate of basic pay for 
     level ES-4 of the Senior Executive Service Schedule under 
     section 5382 of that title. The staff director shall be paid 
     at a rate not to exceed the rate of basic pay for level V of 
     the Executive Schedule.
       (d) Consultants.--With the approval of the Commission, the 
     staff 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 
     Service 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. 270007. POWERS.

       (a) Hearings.--For the purposes of carrying out this title, 
     the Commission may conduct such hearings, sit and act at such 
     times and places, take such testimony, and receive such 
     evidence, as the Commission considers appropriate. The 
     Commission may administer oaths before the Commission.
       (b) Delegation.--Any committee, task force, member, or 
     agent, of the Commission may, if authorized by the 
     Commission, take any action that the Commission is authorized 
     to take under this title.
       (c) Access to Information.--The Commission may request 
     directly from any Federal agency or entity in the executive 
     or legislative branch such information as is needed to carry 
     out its functions.
       (d) Mail.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     Federal agencies.

     SEC. 270008. REPORT; TERMINATION.

       Not later than 2 years after the date on which the 
     Commission is fully constituted under section 270001, the 
     Commission shall submit a detailed report to the Congress and 
     the President containing its findings and recommendations. 
     The Commission shall terminate 30 days after the submission 
     of its report.

     SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title--
       (1) $1,000,000 for fiscal year 1996.
                  TITLE XXVIII--SENTENCING PROVISIONS

     SEC. 280001. IMPOSITION OF SENTENCE.

       Section 3553(a)(4) of title 18, United States Code, is 
     amended to read as follows:
       ``(4) the kinds of sentence and the sentencing range 
     established for--
       ``(A) the applicable category of offense committed by the 
     applicable category of defendant as set forth in the 
     guidelines issued by the Sentencing Commission pursuant to 
     section 994(a)(1) of title 28, United States Code, and that 
     are in effect on the date the defendant is sentenced; or
       ``(B) in the case of a violation of probation or supervised 
     release, the applicable guidelines or policy statements 
     issued by the Sentencing Commission pursuant to section 
     994(a)(3) of title 28, United States Code;''.

     SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF 
                   PROBATION.

       Section 3563(a)(3) of title 18, United States Code, is 
     amended by striking ``possess illegal controlled substances'' 
     and inserting ``unlawfully possess a controlled substance''.

     SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION 
                   REGARDING SENTENCING ENHANCEMENTS FOR HATE 
                   CRIMES.

       (a) Definition.--In this section, ``hate crime'' means a 
     crime in which the defendant intentionally selects a victim, 
     or in the case of a property crime, the property that is the 
     object of the crime, because of the actual or perceived race, 
     color, religion, national origin, ethnicity, gender, 
     disability, or sexual orientation of any person.
       (b) Sentencing Enhancement.--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 ensure that there is reasonable consistency 
     with other guidelines, avoid duplicative punishments for 
     substantially the same offense, and take into account any 
     mitigating circumstances that might justify exceptions.

     SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN 
                   CERTAIN CASES.

       Section 3561(a)(3) of title 18, United States Code, is 
     amended by inserting ``that is not a petty offense'' before 
     the period.

     SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES 
                   SENTENCING COMMISSION.

       (a) Establishment of Positions.--Section 991 (a) of title 
     28, United States Code, is amended--
       (1) in the second sentence by striking the period and 
     inserting ``and three of whom shall be designated by the 
     President as Vice Chairs.'';
       (2) in the fourth sentence by striking the period and 
     inserting ``, and of the three Vice Chairs, no more than two 
     shall be members of the same political party.''; and
       (3) in the sixth sentence by striking ``Chairman'' and 
     inserting ``Chair, Vice Chairs,''.
       (b) Terms and Compensation.--Section 992(c) of title 28, 
     United States Code, is amended--
       (1) by amending the first sentence to read as follows: 
     ``The Chair and Vice Chairs of the Commission shall hold 
     full-time positions and shall be compensated during their 
     terms of office at the annual rate at which judges of the 
     United States courts of appeals are compensated.'';
       (2) in the second sentence by striking ''Chairman'' and 
     inserting ``Chair and Vice Chairs''; and
       (3) in the third sentence by striking ``Chairman'' and 
     inserting ``Chair and Vice Chairs,''.
       (c) Technical Amendments.--Chapter 58 of title 28, United 
     States Code, is amended--
       (1) by striking ``Chairman'' each place it appears and 
     inserting ``Chair'';
       (2) in the fifth sentence of section 991(a) by striking 
     ``his'' and inserting ``the Attorney General's'';
       (3) in the fourth sentence of section 992(c) by striking 
     ``his'' and inserting ``the judge's'';
       (4) in section 994(i)(2) by striking ``he'' and inserting 
     ``the defendant'' and striking ``his'' and inserting ``the 
     defendant's''; and
       (5) in section 996(a) by striking ``him'' and inserting 
     ``the Staff Director''.

     SEC. 280006. COCAINE PENALTY STUDY.

       Not later than December 31, 1994, the United States 
     Sentencing Commission shall submit a report to Congress on 
     issues relating to sentences applicable to offenses involving 
     the possession or distribution of all forms of cocaine. The 
     report shall address the differences in penalty levels that 
     apply to different forms of cocaine and include any 
     recommendations that the Commission may have for retention or 
     modification of such differences in penalty levels.
                       TITLE XXIX--COMPUTER CRIME

     SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.

       (a) Short Title.--This subtitle may be cited as the 
     ``Computer Abuse Amendments Act of 1994''.
       (b) Prohibition.--Section 1030(a)(5) of title 18, United 
     States Code, is amended to read as follows:
       ``(5)(A) through means of a computer used in interstate 
     commerce or communications, knowingly causes the transmission 
     of a program, information, code, or command to a computer or 
     computer system if--
       ``(i) the person causing the transmission intends that such 
     transmission will--
       ``(I) damage, or cause damage to, a computer, computer 
     system, network, information, data, or program; or
       ``(II) withhold or deny, or cause the withholding or 
     denial, of the use of a computer, computer services, system 
     or network, information, data or program; and
       ``(ii) the transmission of the harmful component of the 
     program, information, code, or command--
       ``(I) occurred without the authorization of the persons or 
     entities who own or are responsible for the computer system 
     receiving the program, information, code, or command; and
       ``(II)(aa) causes loss or damage to one or more other 
     persons of value aggregating $1,000 or more during any 1-year 
     period; or
       ``(bb) modifies or impairs, or potentially modifies or 
     impairs, the medical examination, medical diagnosis, medical 
     treatment, or medical care of one or more individuals; or
       ``(B) through means of a computer used in interstate 
     commerce or communication, knowingly causes the transmission 
     of a program, information, code, or command to a computer or 
     computer system--
       ``(i) with reckless disregard of a substantial and 
     unjustifiable risk that the transmission will--
       ``(I) damage, or cause damage to, a computer, computer 
     system, network, information, data or program; or
       ``(II) withhold or deny or cause the withholding or denial 
     of the use of a computer, computer services, system, network, 
     information, data or program; and
       ``(ii) if the transmission of the harmful component of the 
     program, information, code, or command--
       ``(I) occurred without the authorization of the persons or 
     entities who own or are responsible for the computer system 
     receiving the program, information, code, or command; and
       ``(II)(aa) causes loss or damage to one or more other 
     persons of a value aggregating $1,000 or more during any 1-
     year period; or
       ``(bb) modifies or impairs, or potentially modifies or 
     impairs, the medical examination, medical diagnosis, medical 
     treatment, or medical care of one or more individuals;''.
       (c) Penalty.--Section 1030(c) of title 18, United States 
     Code is amended--
       (1) in paragraph (2)(B) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3)(A) by inserting ``(A)'' after 
     ``(a)(5)'';
       (3) in paragraph (3)(B) by striking the period at the end 
     thereof and inserting ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(4) a fine under this title or imprisonment for not more 
     than 1 year, or both, in the case of an offense under 
     subsection (a)(5)(B).''.
       (d) Civil Action.--Section 1030 of title 18, United States 
     Code, is amended by adding at the end thereof the following 
     new subsection:
       ``(g) Any person who suffers damage or loss by reason of a 
     violation of the section, other than a violation of 
     subsection (a)(5)(B), may maintain a civil action against the 
     violator to obtain compensatory damages and injunctive relief 
     or other equitable relief. Damages for violations of any 
     subsection other than subsection (a)(5)(A)(ii)(II)(bb) or 
     (a)(5)(B)(ii)(II)(bb) are limited to economic damages. No 
     action may be brought under this subsection unless such 
     action is begun within 2 years of the date of the act 
     complained of or the date of the discovery of the damage.''.
       (e) Reporting Requirements.--Section 1030 of title 18 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(h) The Attorney General and the Secretary of the 
     Treasury shall report to the Congress annually, during the 
     first 3 years following the date of the enactment of this 
     subsection, concerning investigations and prosecutions under 
     section 1030(a)(5) of title 18, United States Code.''.
       (f) Prohibition.--Section 1030(a)(3) of title 18, United 
     States Code, is amended by inserting ``adversely'' before 
     ``affects the use of the Government's operation of such 
     computer''.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE 
                                RECORDS

     SEC. 300001. SHORT TITLE.

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

     SEC. 300002. 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 new chapter:

   ``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) shall be disclosed for use in connection 
     with matters of motor vehicle or driver safety and theft, 
     motor vehicle emissions, motor vehicle product alterations, 
     recalls, or advisories, performance monitoring of motor 
     vehicles and dealers by motor vehicle manufacturers, and 
     removal of non-owner records from the original owner records 
     of motor vehicle manufacturers to carry out the purposes 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 as follows:
       ``(1) For use by any government 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 alterations, recalls, or advisories; 
     performance monitoring of motor vehicles, motor vehicle parts 
     and dealers; motor vehicle market research activities, 
     including survey research; and removal of non-owner records 
     from the original owner records of motor vehicle 
     manufacturers.
       ``(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, and for use in 
     producing statistical reports, so long as the personal 
     information is not published, redisclosed, or used to contact 
     individuals.
       ``(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 use in 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 use in response to requests for 
     individual motor vehicle records if the motor vehicle 
     department has provided in a clear and conspicuous manner on 
     forms for issuance or renewal of operator's permits, titles, 
     registrations, or identification cards, notice that personal 
     information collected by the department may be disclosed to 
     any business or person, and has provided in a clear and 
     conspicuous manner on such forms an opportunity to prohibit 
     such disclosures.
       ``(12) For bulk distribution for surveys, marketing or 
     solicitations if the motor vehicle department has implemented 
     methods and procedures to ensure that--
       ``(A) individuals are provided an opportunity, in a clear 
     and conspicuous manner, to prohibit such uses; and
       ``(B) the information will be used, rented, or sold solely 
     for bulk distribution for surveys, marketing, and 
     solicitations, and that surveys, marketing, and solicitations 
     will not be directed at those individuals who have requested 
     in a timely fashion that they not be directed at them.
       ``(13) For use by any requester, if the requester 
     demonstrates it has obtained the written consent of the 
     individual to whom the information pertains.
       ``(14) For any other use specifically authorized under the 
     law of the State that holds the record, if such use is 
     related to the operation of a motor vehicle or public safety.
       ``(c) Resale or Redisclosure.--An authorized recipient of 
     personal information (except a recipient under subsection 
     (b)(11) or (12)) may resell or redisclose the information 
     only for a use permitted under subsection (b) (but not for 
     uses under subsection (b) (11) or (12)). An authorized 
     recipient under subsection (b)(11) may resell or redisclose 
     personal information for any purpose. An authorized recipient 
     under subsection (b)(12) may resell or redisclose personal 
     information pursuant to subsection (b)(12). Any authorized 
     recipient (except a recipient under subsection (b) (11)) 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 and 
     must make such records available to the motor vehicle 
     department upon request.
       ``(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 
     use 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. Penalties

       ``(a) Criminal Fine.--A person who knowingly violates this 
     chapter shall be fined under this title.
       ``(b) Violations by State Department of Motor Vehicles.--
     Any State department of motor vehicles that has a policy or 
     practice of substantial noncompliance with this chapter shall 
     be subject to a civil penalty imposed by the Attorney General 
     of not more than $5,000 a day for each day of substantial 
     noncompliance.

     ``Sec. 2724. Civil action

       ``(a) Cause of Action.--A person who knowingly obtains, 
     discloses or uses personal information, 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

       ``In this chapter--
       ``(1)`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)`person' means an individual, organization or entity, 
     but does not include a State or agency thereof; and
       ``(3)`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 
     does not include information on vehicular accidents, driving 
     violations, and driver's status.''.
       (b) Clerical Amendment.--The table of parts 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. 300003. EFFECTIVE DATE.

       The amendments made by section 300002 shall become 
     effective on the date that is 3 years after the date of 
     enactment of this Act. After the effective date, if a State 
     has implemented a procedure under section 2721(b) (11) and 
     (12) of title 18, United States Code, as added by section 
     2902, for prohibiting disclosures or uses of personal 
     information, and the procedure otherwise meets the 
     requirements of subsection (b) (11) and (12), the State shall 
     be in compliance with subsection (b) (11) and (12) even if 
     the procedure is not available to individuals until they 
     renew their license, title, registration or identification 
     card, so long as the State provides some other procedure for 
     individuals to contact the State on their own initiative to 
     prohibit such uses or disclosures. Prior to the effective 
     date, personal information covered by the amendment made by 
     section 300002 may be released consistent with State law or 
     practice.
             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

     SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

       (a) Violent Crime Reduction Trust Fund.--There is 
     established a separate account in the Treasury, known as the 
     ``Violent Crime Reduction Trust Fund'' (referred to in this 
     section as the ``Fund'') into which shall be transferred, in 
     accordance with subsection (b), savings realized from 
     implementation of section 5 of the Federal Workforce 
     Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 
     103-226).
       (b) Transfers Into the Fund.--On the first day of the 
     following fiscal years (or as soon thereafter as possible for 
     fiscal year 1995), the following amounts shall be transferred 
     from the general fund to the Fund--
       (1) for fiscal year 1995, $2,423,000,000;
       (2) for fiscal year 1996, $4,287,000,000;
       (3) for fiscal year 1997, $5,000,000,000;
       (4) for fiscal year 1998, $5,500,000,000;
       (5) for fiscal year 1999, $6,500,000,000; and
       (6) for fiscal year 2000, $6,500,000,000.
       (c) Appropriations From the Fund.--(1) Amounts in the Fund 
     may be appropriated exclusively for the purposes authorized 
     in this Act and for those expenses authorized by any Act 
     enacted before this Act that are expressly qualified for 
     expenditure from the Fund.
       (2) Amounts appropriated under paragraph (1) and outlays 
     flowing from such appropriations shall not be taken into 
     account for purposes of any budget enforcement procedures 
     under the Balanced Budget and Emergency Deficit Control Act 
     of 1985 except section 251A of that Act as added by 
     subsection (g), or for purposes of section 605(b) of the 
     Congressional Budget Act of 1974. Amounts of new budget 
     authority and outlays under paragraph (1) that are included 
     in concurrent resolutions on the budget shall not be taken 
     into account for purposes of sections 601(b), 606(b), and 
     606(c) of the Congressional Budget Act of 1974, or for 
     purposes of section 24 of House Concurrent Resolution 218 
     (One Hundred Third Congress).
       (d) Listing of the Fund Among Government Trust Funds.--
     Section 1321(a) of title 31, United States Code, is amended 
     by inserting at the end the following new paragraph:
       ``(91) Violent Crime Reduction Trust Fund.''.
       (e) Requirement for the President To Report Annually on the 
     Status of the Trust Fund.--Section 1105(a) of title 31, 
     United States Code, is amended by adding at the end the 
     following new paragraphs:
       ``(30) information about the Violent Crime Reduction Trust 
     Fund, including a separate statement of amounts in that Trust 
     Fund.
       ``(31) an analysis displaying, by agency, proposed 
     reductions in full-time equivalent positions compared to the 
     current year's level in order to comply with section 5 of the 
     Federal Workforce Restructuring Act of 1994.''.
       (f) Allocation and Suballocation of Amounts in the Fund.--
       (1) In general.--Section 602(a) of the Congressional Budget 
     Act of 1974 is amended--
       (A) in paragraph (1)(A) by striking ``and'' at the end of 
     clause (ii), by striking the semicolon and inserting a comma 
     at the end of clause (iii), and by adding after clause (iii) 
     the following:
       ``(iv) new budget authority from the Violent Crime 
     Reduction Trust Fund, and
       ``(v) outlays from the Violent Crime Reduction Trust 
     Fund;'';
       (B) in paragraph (2) by striking ``and'' at the end of 
     subparagraph (B) and by adding after subparagraph (C) the 
     following:
       ``(D) new budget authority from the Violent Crime Reduction 
     Trust Fund; and
       ``(E) outlays from the Violent Crime Reduction Trust 
     Fund;''; and
       (C) by adding at the end the following new paragraph:
       ``(4) No double counting.--Amounts allocated among 
     committees under clause (iv) or (v) of paragraph (1)(A) or 
     under subparagraph (D) or (E) of paragraph (2) shall not be 
     included within any other allocation under that paragraph.''.
       (2) Fiscal year 1995.--The chairman of the Committee on the 
     Budget shall submit to the House of Representatives or the 
     Senate, as the case may be, appropriately revised allocations 
     under clauses (iv) and (v) of paragraph (1)(A) or 
     subparagraphs (D) and (E) of paragraph (2) of section 602(a) 
     of the Congressional Budget Act of 1974 for fiscal year 1995 
     to carry out subsection (b)(1).
       (g) Violent Crime Reduction Trust Fund Sequestration.--
       (1) Sequestration.--Part C of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended by adding 
     after section 251 the following new section:

     ``SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME 
                   REDUCTION TRUST FUND.

       ``(a) Sequestration.--Within 15 days after Congress 
     adjourns to end a session, there shall be a sequestration to 
     eliminate any budgetary excess in the Violent Crime Reduction 
     Trust Fund as described in subsection (b).
       ``(b) Eliminating a Budgetary Excess.--
       ``(1) In general.--Except as provided by paragraph (2), 
     appropriations from the Violent Crime Reduction Trust Fund 
     shall be reduced by a uniform percentage necessary to 
     eliminate any amount by which estimated outlays in the budget 
     year from the Fund exceed the following levels of outlays:
       ``(A) For fiscal year 1995, $703,000,000.
       ``(B) For fiscal year 1996, $2,334,000,000.
       ``(C) For fiscal year 1997, $3,936,000,000.
       ``(D) For fiscal year 1998, $4,904,000,000.

     For fiscal year 1999, the comparable level for budgetary 
     purposes shall be deemed to be $5,639,000,000. For fiscal 
     year 2000, the comparable level for budgetary purposes shall 
     be deemed to be $6,225,000,000.
       ``(2) Special outlay allowance.--If estimated outlays from 
     the Fund for a fiscal year exceed the level specified in 
     paragraph (1) for that year, that level shall be increased by 
     the lesser of that excess or 0.5 percent of that level.
       ``(c) Look-Back.--If, after June 30, an appropriation for 
     the fiscal year in progress is enacted that causes a 
     budgetary excess in the Violent Crime Reduction Trust Fund as 
     described in subsection (b) for that year (after taking into 
     account any sequestration of amounts under this section), the 
     level set forth in subsection (b) for the next fiscal year 
     shall be reduced by the amount of that excess.
       ``(d) Within-Session Sequestration.--If an appropriation 
     for a fiscal year in progress is enacted (after Congress 
     adjourns to end the session for the budget year and before 
     July 1 of that fiscal year) that causes a budgetary excess in 
     the Violent Crime Reduction Trust Fund as described in 
     subsection (b) for that year (after taking into account any 
     prior sequestration of amounts under this section), 15 days 
     later there shall be a sequestration to eliminate that excess 
     following the procedures set forth in subsection (b).
       ``(e) Part-Year Appropriations and OMB Estimates.--
     Paragraphs (4) and (7) of section 251(a) shall apply to 
     appropriations from, and sequestration of amounts 
     appropriated from, the Violent Crime Reduction Trust Fund 
     under this section in the same manner as those paragraphs 
     apply to discretionary appropriations and sequestrations 
     under that section.''.
       (2) Reports.--Section 254(g) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended by 
     redesignating paragraphs (4) and (5) as paragraphs (5) and 
     (6), respectively, and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Reports on sequestration to reduce the violent crime 
     reduction trust fund.--The final reports shall set forth for 
     the budget year estimates for each of the following:
       ``(A) The amount of budget authority appropriated from the 
     Violent Crime Reduction Trust Fund and outlays resulting from 
     those appropriations.
       ``(B) The sequestration percentage and reductions, if any, 
     required under section 251A.''.

     SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING 
                   LIMITS.

       Upon enactment of this Act, the discretionary spending 
     limits set forth in section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) (as adjusted in 
     conformance with section 251 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, and in the Senate, 
     with section 24 of House Concurrent Resolution 218 (103d 
     Congress)) for fiscal years 1995 through 1998 are reduced as 
     follows:
       (1) for fiscal year 1995, for the discretionary category: 
     $2,423,000,000 in new budget authority and $703,000,000 in 
     outlays;
       (2) for fiscal year 1996, for the discretionary category: 
     $4,287,000,000 in new budget authority and $2,334,000,000 in 
     outlays;
       (3) for fiscal year 1997, for the discretionary category: 
     $5,000,000,000 in new budget authority and $3,936,000,000 in 
     outlays; and
       (4) for fiscal year 1998, for the discretionary category: 
     $5,500,000,000 in new budget authority and $4,904,000,000 in 
     outlays.

     For fiscal year 1999, the comparable amount for budgetary 
     purposes shall be deemed to be $6,500,000,000 in new budget 
     authority and $5,639,000,000 in outlays. For fiscal year 
     2000, the comparable amount for budgetary purposes shall be 
     deemed to be $6,500,000,000 in new budget authority and 
     $6,225,000,000 in outlays.

     SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS 
                   FOR FISCAL YEARS FOR WHICH THE FULL AMOUNT 
                   AUTHORIZED IS NOT APPROPRIATED.

       If, in making an appropriation under any provision of this 
     Act or amendment made by this Act that authorizes the making 
     of an appropriation for a certain purpose for a certain 
     fiscal year in a certain amount, the Congress makes an 
     appropriation for that purpose for that fiscal year in a 
     lesser amount, that provision or amendment shall be 
     considered to authorize the making of appropriations for that 
     purpose for later fiscal years in an amount equal to the 
     difference between the amount authorized to be appropriated 
     and the amount that has been appropriated.

     SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

       (a) Federal Law Enforcement.--In the making of 
     appropriations under any provision of this Act or amendment 
     made by this Act that authorizes the making of an 
     appropriation for a Federal law enforcement program for a 
     certain fiscal year in a certain amount out of the Violent 
     Crime Reduction Trust Fund, not to exceed 10 percent of that 
     amount is authorized to be appropriated for that fiscal year 
     for any other Federal law enforcement program for which 
     appropriations are authorized by any other Federal law 
     enforcement provision of this Act or amendment made by this 
     Act. The aggregate reduction in the authorization for any 
     particular Federal law enforcement program may not exceed 10 
     percent of the total amount authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund for that program 
     in this Act or amendment made by this Act.
       (b) State and Local Law Enforcement.--In the making of 
     appropriations under any provision of this Act or amendment 
     made by this Act that authorizes the making of an 
     appropriation for a State and local law enforcement program 
     for a certain fiscal year in a certain amount out of the 
     Violent Crime Reduction Trust Fund, not to exceed 10 percent 
     of that amount is authorized to be appropriated for that 
     fiscal year for any other State and local law enforcement 
     program for which appropriations are authorized by any other 
     State and local law enforcement provision of this Act or 
     amendment made by this Act. The aggregate reduction in the 
     authorization for any particular State and local law 
     enforcement program may not exceed 10 percent of the total 
     amount authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund for that program in this Act or 
     amendment made by this Act.
       (c) Prevention.--In the making of appropriations under any 
     provision of this Act or amendment made by this Act that 
     authorizes the making of an appropriation for a prevention 
     program for a certain fiscal year in a certain amount out of 
     the Violent Crime Reduction Trust Fund, not to exceed 10 
     percent of that amount is authorized to be appropriated for 
     that fiscal year for any other prevention program for which 
     appropriations are authorized by any other prevention 
     provision of this Act or amendment made by this Act. The 
     aggregate reduction in the authorization for any particular 
     prevention program may not exceed 10 percent of the total 
     amount authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund for that program in this Act or 
     amendment made by this Act.
       (d) Definitions.--In this section--``Federal law 
     enforcement program'' means a program authorized in any of 
     the following sections:
       (1) section 190001(a);
       (2) section 190001(b);
       (3) section 190001(c);
       (4) section 190001(d);
       (5) section 190001(e);
       (6) section 320925;
       (7) section 150008;
       (8) section 220002;
       (9) section 130002;
       (10) section 130005;
       (11) section 130006;
       (12) section 130007;
       (13) section 250005;
       (14) sections 210303-210306;
       (15) section 180104; and
       (16) section 270009.
       ``State and local law enforcement program'' means a program 
     authorized in any of the following sections:
       (1) sections 10001-10003;
       (2) section 210201;
       (3) section 210603;
       (4) section 180101;
       (5) section 180103;
       (6) sections 31701-31708;
       (7) section 210602;
       (8) sections 30801-30802;
       (9) section 210302;
       (10) section 210501;
       (11) section 210101;
       (12) section 320930;
       (13) sections 20101-20109;
       (14) section 20301;
       (15) section 32201; and
       (16) section 20201.
       ``prevention program'' means a program authorized in any of 
     the following sections:
       (1) section 50001;
       (2) sections 30101-30104;
       (3) sections 30201-30208;
       (4) sections 30301-30307;
       (5) sections 30401-30403;
       (6) sections 30701-30702;
       (7) sections 31001-31002;
       (8) sections 31101-31133;
       (9) sections 31501-31505;
       (10) sections 31901-31922;
       (11) section 32001;
       (12) section 32101;
       (13) section 32401;
       (14) section 40114;
       (15) section 40121;
       (16) section 40151;
       (17) section 40152;
       (18) section 40155;
       (19) section 40156;
       (20) section 40211;
       (21) section 40231;
       (22) section 40241;
       (23) section 40251;
       (24) section 40261;
       (25) section 40292;
       (26) section 40293;
       (27) section 40295;
       (28) sections 40411-40414;
       (29) sections 40421-40422;
       (30) section 40506;
       (31) sections 40601-40611; and
       (32) section 24001.
                       TITLE XXXII--MISCELLANEOUS
                   Subtitle A--Increases in Penalties

     SEC. 320101. INCREASED PENALTIES FOR ASSAULT.

       (a) Certain Officers and Employees.--Section 111 of title 
     18, United States Code, is amended--
       (1) in subsection (a) by inserting ``, where the acts in 
     violation of this section constitute only simple assault, be 
     fined under this title or imprisoned not more than one year, 
     or both, and in all other cases,'' after ``shall''; and
       (2) in subsection (b) by inserting ``or inflicts bodily 
     injury'' after ``weapon''.
       (b) Foreign Officials, Official Guests, and Internationally 
     Protected Persons.--Section 112(a) of title 18, United States 
     Code, is amended--
       (1) by striking ``not more than $5,000'' and inserting 
     ``under this title'';
       (2) by inserting ``, or inflicts bodily injury,'' after 
     ``weapon''; and
       (3) by striking ``not more than $10,000'' and inserting 
     ``under this title''.
       (c) Maritime and Territorial Jurisdiction.--Section 113 of 
     title 18, United States Code, is amended--
       (1) in subsection (c)--
       (A) by striking ``of not more than $1,000'' and inserting 
     ``under this title''; and
       (B) by striking ``five'' and inserting ``ten''; and
       (2) in subsection (e)--
       (A) by striking ``of not more than $300'' and inserting 
     ``under this title''; and
       (B) by striking ``three'' and inserting ``six''.
       (d) Congress, Cabinet, or Supreme Court.--Section 351(e) of 
     title 18, United States Code, is amended--
       (1) by striking ``not more than $5,000,'' and inserting 
     ``under this title,'';
       (2) by inserting ``the assault involved in the use of a 
     dangerous weapon, or'' after ``if'';
       (3) by striking ``not more than $10,000'' and inserting 
     ``under this title''; and
       (4) by striking ``for''.
       (e) President and President's Staff.--Section 1751(e) of 
     title 18, United States Code, is amended--
       (1) by striking ``not more than $10,000,'' both places it 
     appears and inserting ``under this title,'';
       (2) by striking ``not more than $5,000,'' and inserting 
     ``under this title,''; and
       (3) by inserting ``the assault involved the use of a 
     dangerous weapon, or'' after ``if''.

     SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.

       Section 1112 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) by inserting ``fined under this title or'' after 
     ``shall be'' in the first undesignated paragraph; and
       (B) by inserting ``, or both'' after ``years'';
       (2) by striking ``not more than $1,000'' and inserting 
     ``under this title''; and
       (3) by striking ``three'' and inserting ``six''.

     SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

       (a) Conspiracy Against Rights.--Section 241 of title 18, 
     United States Code, is amended--
       (1) by striking ``not more than $10,000'' and inserting 
     ``under this title'';
       (2) by inserting ``from the acts committed in violation of 
     this section or if such acts include kidnapping or an attempt 
     to kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill'' after 
     ``results'';
       (3) by striking ``subject to imprisonment'' and inserting 
     ``fined under this title or imprisoned''; and
       (4) by inserting ``, or both'' after ``life''.
       (b) Deprivation of Rights.--Section 242 of title 18, United 
     States Code, is amended--
       (1) by striking ``not more than $1,000'' and inserting 
     ``under this title'';
       (2) by inserting ``from the acts committed in violation of 
     this section or if such acts include the use, attempted use, 
     or threatened use of a dangerous weapon, explosives, or 
     fire,'' after ``bodily injury results'';
       (3) by inserting ``from the acts committed in violation of 
     this section or if such acts include kidnapping or an attempt 
     to kidnap, aggravated sexual abuse, or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill, shall be 
     fined under this title, or'' after ``death results'';
       (4) by striking ``shall be subject to imprisonment'' and 
     inserting ``imprisoned''; and
       (5) by inserting ``, or both'' after ``life''.
       (c) Federally Protected Activities.--Section 245(b) of 
     title 18, United States Code, is amended in the matter 
     following paragraph (5)--
       (1) by striking ``not more than $1,000'' and inserting 
     ``under this title'';
       (2) by inserting ``from the acts committed in violation of 
     this section or if such acts include the use, attempted use, 
     or threatened use of a dangerous weapon, explosives, or 
     fire'' after ``bodily injury results;
       (3) by striking ``not more than $10,000'' and inserting 
     ``under this title'';
       (4) by inserting ``from the acts committed in violation of 
     this section or if such acts include kidnapping or an attempt 
     to kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill,'' after 
     ``death results'';
       (5) by striking ``subject to imprisonment'' and inserting 
     ``fined under this title or imprisoned''; and
       (6) by inserting ``, or both'' after ``life''.
       (d) Damage to Religious Property.--Section 247 of title 18, 
     United States Code, is amended--
       (1) in subsection (c)(1) by inserting ``from acts committed 
     in violation of this section or if such acts include 
     kidnapping or an attempt to kidnap, aggravated sexual abuse 
     or an attempt to commit aggravated sexual abuse, or an 
     attempt to kill'' after ``death results'';
       (2) in subsection (c)(2)--
       (A) by striking ``serious''; and
       (B) by inserting ``from the acts committed in violation of 
     this section or if such acts include the use, attempted use, 
     or threatened use of a dangerous weapon, explosives, or 
     fire'' after ``bodily injury results''; and
       (3) by amending subsection (e) to read as follows:
       ``(e) As used in this section, the term `religious 
     property' means any church, synagogue, mosque, religious 
     cemetery, or other religious property.''.
       (e) Fair Housing Act.--Section 901 of the Fair Housing Act 
     (42 U.S.C. 3631) is amended--
       (1) in the caption by striking ``bodily injury; death;'';
       (2) by striking ``not more than $1,000,'' and inserting 
     ``under this title'';
       (3) by inserting ``from the acts committed in violation of 
     this section or if such acts include the use, attempted use, 
     or threatened use of a dangerous weapon, explosives, or 
     fire'' after ``bodily injury results'';
       (4) by striking ``not more than $10,000,'' and inserting 
     ``under this title'';
       (5) by inserting ``from the acts committed in violation of 
     this section or if such acts include kidnapping or an attempt 
     to kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill,'' after 
     ``death results'';
       (6) by striking ``subject to imprisonment'' and inserting 
     ``fined under this title or imprisoned''; and
       (7) by inserting ``, or both'' after ``life''.

     SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS 
                   AND SERVICES.

       (a) In General.--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''; and
       (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''.
       (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) 
     of title 18, United States Code, is amended by striking ``or 
     section 2319 (relating to copyright infringement),'' and 
     inserting ``section 2319 (relating to copyright 
     infringement), or section 2320 (relating to trafficking in 
     counterfeit goods and services),''.

     SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT 
                   MURDER FOR HIRE.

       Section 1958(a) of title 18, United States Code, is amended 
     by inserting ``or who conspires to do so'' before ``shall be 
     fined'' the first place it appears.

     SEC. 320106. INCREASED PENALTIES FOR ARSON.

       Section 844 of title 18, United States Code, is amended--
       (1) in subsection (f)--
       (A) by striking ``not more than ten years, or fined not 
     more than $10,000'' and inserting ``not more than 20 years, 
     fined the greater of the fine under this title or the cost of 
     repairing or replacing any property that is damaged or 
     destroyed,''; and
       (B) by striking ``not more than twenty years, or fined not 
     more than $10,000'' and inserting ``not more than 40 years, 
     fined the greater of the fine under this title or the cost of 
     repairing or replacing any property that is damaged or 
     destroyed,'';
       (2) in subsection (h)--
       (A) in the first sentence by striking ``five years'' and 
     inserting ``5 years but not more than 15 years''; and
       (B) in the second sentence by striking ``ten years'' and 
     inserting ``10 years but not more than 25 years''; and
       (3) in subsection (i)--
       (A) by striking ``not more than ten years or fined not more 
     than $10,000'' and inserting ``not more than 20 years, fined 
     the greater of the fine under this title or the cost of 
     repairing or replacing any property that is damaged or 
     destroyed,''; and
       (B) by striking ``not more than twenty years or fined not 
     more than $20,000'' and inserting ``not more than 40 years, 
     fined the greater of the fine under this title or the cost of 
     repairing or replacing any property that is damaged or 
     destroyed,''.

     SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR 
                   PUBLIC HOUSING.

       Section 419 of the Controlled Substances Act (21 U.S.C. 
     860) is amended--
       (1) in subsection (a) by striking ``playground, or within'' 
     and inserting ``playground, or housing facility owned by a 
     public housing authority, or within''; and
       (2) in subsection (b) by striking ``playground, or within'' 
     and inserting ``playground, or housing facility owned by a 
     public housing authority, or within''.

     SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO 
                   THE INTRODUCTION OF NONINDIGENOUS SPECIES.

       (a) Task Force.--
       (1) In general.--The Attorney General is authorized to 
     convene a law enforcement task force in Hawaii to facilitate 
     the prosecution of violations of Federal laws, and laws of 
     the State of Hawaii, relating to the wrongful conveyance, 
     sale, or introduction of nonindigenous plant and animal 
     species.
       (2) Membership.--(A) The task force shall be composed of 
     representatives of--
       (i) the Office of the United States Attorney for the 
     District of Hawaii;
       (ii) the United States Customs Service;
       (iii) the Animal and Plant Health Inspection Service;
       (iv) the Fish and Wildlife Service;
       (v) the National Park Service;
       (vi) the United States Forest Service;
       (vii) the Military Customs Inspection Office of the 
     Department of Defense;
       (viii) the United States Postal Service;
       (ix) the office of the Attorney General of the State of 
     Hawaii;
       (x) the Hawaii Department of Agriculture;
       (xi) the Hawaii Department of Land and Natural Resources; 
     and
       (xii) such other individuals as the Attorney General deems 
     appropriate.
       (B) The Attorney General shall, to the extent practicable, 
     select individuals to serve on the task force who have 
     experience with the enforcement of laws relating to the 
     wrongful conveyance, sale, or introduction of nonindigenous 
     plant and animal species.
       (3) Duties.--The task force shall--
       (A) facilitate the prosecution of violations of Federal and 
     State laws relating to the conveyance, sale, or introduction 
     of nonindigenous plant and animal species into Hawaii; and
       (B) make recommendations on ways to strengthen Federal and 
     State laws and law enforcement strategies designed to prevent 
     the introduction of nonindigenous plant and animal species.
       (4) Report.--The task force shall report to the Attorney 
     General, the Secretary of Agriculture, the Secretary of the 
     Interior, and to the Committee on the Judiciary and Committee 
     on Agriculture, Nutrition, and Forestry of the Senate and the 
     Committee on the Judiciary, Committee on Agriculture, and 
     Committee on Merchant Marine and Fisheries of the House of 
     Representatives on--
       (A) the progress of its enforcement efforts; and
       (B) the adequacy of existing Federal laws and laws of the 
     State of Hawaii that relate to the introduction of 
     nonindigenous plant and animal species.

     Thereafter, the task force shall make such reports as the 
     task force deems appropriate.
       (5) Consultation.--The task force shall consult with Hawaii 
     agricultural interests and representatives of Hawaii 
     conservation organizations about methods of preventing the 
     wrongful conveyance, sale, or introduction of nonindigenous 
     plant and animal species into Hawaii.
       (b) Criminal Penalty.--
       (1) In general.--Chapter 83 of title 18, United States 
     Code, is amended by inserting after section 1716C the 
     following new section:

     ``Sec. 1716D. Nonmailable injurious animals, plant pests, 
       plants, and illegally taken fish, wildlife, and plants

       ``A person who knowingly deposits for mailing or delivery, 
     or knowingly causes to be delivered by mail, according to the 
     direction thereon, or at any place at which it is directed to 
     be delivered by the person to whom it is addressed, anything 
     that section 3015 of title 39 declares to be nonmailable 
     matter shall be fined under this title, imprisoned not more 
     than 1 year, or both.''.
       (2) Technical amendment.--The chapter analysis for chapter 
     83 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1716C the following new 
     item:

``1716D. Nonmailable injurious animals, plant pests, plants, and 
              illegally taken fish, wildlife, and plants.''.

     SEC. 320109. MILITARY MEDALS AND DECORATIONS.

       Section 704 of title 18, United States Code, is amended--
       (1) by striking ``Whoever'' and inserting (a) In General.--
     Whoever'';
       (2) by striking ``not more than $250'' and inserting 
     ``under this title''; and
       (3) by adding at the end the following new subsection:
       ``(b) Congressional Medal of Honor.--
       ``(1) In general.--If a decoration or medal involved in an 
     offense under subsection (a) is a Congressional Medal of 
     Honor, in lieu of the punishment provided in that subsection, 
     the offender shall be fined under this title, imprisoned not 
     more than 1 year, or both.
       ``(2) Definitions.--(A) As used in subsection (a) with 
     respect to a Congressional Medal of Honor, `sells' includes 
     trades, barters, or exchanges for anything of value.
       ``(B) As used in this subsection, `Congressional Medal of 
     Honor' means a medal awarded under section 3741 of title 
     10.''.
      Subtitle B--Extension of Protection of Civil Rights Statutes

     SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS 
                   STATUTES.

       (a) Conspiracy Against Rights.--Section 241 of title 18, 
     United States Code, is amended by striking ``inhabitant of'' 
     and inserting ``person in''.
       (b) Deprivation of Rights Under Color of Law.--Section 242 
     of title 18, United States Code, is amended--
       (1) by striking ``inhabitant of'' and inserting ``person 
     in''; and
       (2) by striking ``such inhabitant'' and inserting ``such 
     person''.
                      Subtitle C--Audit and Report

     SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW 
                   ENFORCEMENT AGENCIES RECEIVING FEDERAL ASSET 
                   FORFEITURE FUNDS.

       (a) State Requirement.--Section 524(c)(7) of title 28, 
     United States Code, is amended to read as follows:
       ``(7)(A) The Fund shall be subject to annual audit by the 
     Comptroller General.
       ``(B) The Attorney General shall require that any State or 
     local law enforcement agency receiving funds conduct an 
     annual audit detailing the uses and expenses to which the 
     funds were dedicated and the amount used for each use or 
     expense and report the results of the audit to the Attorney 
     General.''.
       (b) Inclusion in Attorney General's Report.--Section 
     524(c)(6)(C) of title 28, United States Code, is amended by 
     adding at the end the following flush sentence: ``The report 
     should also contain all annual audit reports from State and 
     local law enforcement agencies required to be reported to the 
     Attorney General under subparagraph (B) of paragraph (7).''.

     SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND 
                   CONTRACTING EXPENSES.

       Section 524(c)(6) of title 28, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) a report for such fiscal year containing a 
     description of the administrative and contracting expenses 
     paid from the Fund under paragraph (1)(A).''.
                        Subtitle D--Coordination

     SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND 
                   PREVENTION PROGRAMS.

       The Attorney General shall consult with the Secretary of 
     the Department of Health and Human Services in establishing 
     and carrying out the substance abuse treatment and prevention 
     components of the programs authorized under this Act, to 
     assure coordination of programs, eliminate duplication of 
     efforts and enhance the effectiveness of such services.
                          Subtitle E--Gambling

     SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF 
                   PROHIBITION AGAINST GAMBLING ON SHIPS IN 
                   INTERNATIONAL WATERS.

       The paragraph of section 1081 of title 18, United States 
     Code, defining the term ``gambling ship'' is amended by 
     adding at the end the following: ``Such term does not include 
     a vessel with respect to gambling aboard such vessel beyond 
     the territorial waters of the United States during a covered 
     voyage (as defined in section 4472 of the Internal Revenue 
     Code of 1986 as in effect on January 1, 1994).''.
               Subtitle F--White Collar Crime Amendments

     SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR 
                   KIDNAPPING.

       (a) Proceeds of Extortion.--Chapter 41 of title 18, United 
     States Code, is amended--
       (1) by adding at the end the following new section:

     ``Sec. 880. Receiving the proceeds of extortion

       ``A person who receives, possesses, conceals, or disposes 
     of any money or other property which was obtained from the 
     commission of any offense under this chapter that is 
     punishable by imprisonment for more than 1 year, knowing the 
     same to have been unlawfully obtained, shall be imprisoned 
     not more than 3 years, fined under this title, or both.''; 
     and
       (2) in the table of sections, by adding at the end the 
     following new item:

``880. Receiving the proceeds of extortion.''.

       (b) Ransom Money.--Section 1202 of title 18, United States 
     Code, is amended--
       (1) by designating the existing matter as subsection 
     ``(a)''; and
       (2) by adding the following new subsections:
       ``(b) A person who transports, transmits, or transfers in 
     interstate or foreign commerce any proceeds of a kidnapping 
     punishable under State law by imprisonment for more than 1 
     year, or receives, possesses, conceals, or disposes of any 
     such proceeds after they have crossed a State or United 
     States boundary, knowing the proceeds to have been unlawfully 
     obtained, shall be imprisoned not more than 10 years, fined 
     under this title, or both.
       ``(c) For purposes of this section, the term `State' has 
     the meaning set forth in section 245(d) of this title.''.

     SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

       Section 2114 of title 18, United States Code, is amended--
       (1) by striking ``whoever'' and inserting:
       ``(a) Assault.--A person who''; and
       (2) by adding at the end the following new subsection:
       ``(b) Receipt, Possession, Concealment, or Disposal of 
     Property.--A person who receives, possesses, conceals, or 
     disposes of any money or other property that has been 
     obtained in violation of this section, knowing the same to 
     have been unlawfully obtained, shall be imprisoned not more 
     than 10 years, fined under this title, or both.''.

     SEC. 320603. 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 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. 320604. 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.''.

     SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

       Section 19(a) of the Federal Deposit Insurance Act (12 
     U.S.C. 1829(a)) is amended in paragraph (2)(A)(i)(I)--
       (1) by striking ``or 1956''; and
       (2) by inserting ``1517, 1956, or 1957''.

     SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.

       Section 205(d) of the Federal Credit Union Act (12 U.S.C. 
     1785(d)) is amended to read as follows:
       ``(d) Prohibition.--
       ``(1) In general.--Except with prior written consent of the 
     Board--
       ``(A) any person who has been convicted of any criminal 
     offense involving dishonesty or a breach of trust, or has 
     agreed to enter into a pretrial diversion or similar program 
     in connection with a prosecution for such offense, may not--
       ``(i) become, or continue as, an institution-affiliated 
     party with respect to any insured credit union; or
       ``(ii) otherwise participate, directly or indirectly, in 
     the conduct of the affairs of any insured credit union; and
       ``(B) any insured credit union may not permit any person 
     referred to in subparagraph (A) to engage in any conduct or 
     continue any relationship prohibited under such subparagraph.
       ``(2) Minimum 10-year prohibition period for certain 
     offenses.--
       ``(A) In general.--If the offense referred to in paragraph 
     (1)(A) in connection with any person referred to in such 
     paragraph is--
       ``(i) an offense under--

       ``(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 
     1032, 1344, 1517, 1956, or 1957 of title 18, United States 
     Code; or
       ``(II) section 1341 or 1343 of such title which affects any 
     financial institution (as defined in section 20 of such 
     title); or

       ``(ii) the offense of conspiring to commit any such 
     offense,

     the Board may not consent to any exception to the application 
     of paragraph (1) to such person during the 10-year period 
     beginning on the date the conviction or the agreement of the 
     person becomes final.
       ``(B) Exception by order of sentencing court.--
       ``(i) In general.--On motion of the Board, the court in 
     which the conviction or the agreement of a person referred to 
     in subparagraph (A) has been entered may grant an exception 
     to the application of paragraph (1) to such person if 
     granting the exception is in the interest of justice.
       ``(ii) Period for filing.--A motion may be filed under 
     clause (i) at any time during the 10-year period described in 
     subparagraph (A) with regard to the person on whose behalf 
     such motion is made.
       ``(3) Penalty.--Whoever knowingly violates paragraph (1) or 
     (2) shall be fined not more than $1,000,000 for each day such 
     prohibition is violated or imprisoned for not more than 5 
     years, or both.''.

     SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL 
                   INSTITUTIONS REWARDS STATUTE.

       Section 3059A of title 18, United States Code, is amended--
       (1) by inserting ``225,'' after ``215'';
       (2) by striking ``or'' before ``1344''; and
       (3) by inserting ``, or 1517'' after ``1344''.

     SEC. 320608. DEFINITION OF SAVINGS AND LOAN ASSOCIATION'' FOR 
                   PURPOSES OF THE OFFENSE OF BANK ROBBERY AND 
                   RELATED OFFENSES.

       Section 2113 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) As used in this section, the term `savings and loan 
     association' means--
       ``(1) a Federal savings association or State savings 
     association (as defined in section 3(b) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts 
     insured by the Federal Deposit Insurance Corporation; and
       ``(2) a corporation described in section 3(b)(1)(C) of the 
     Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that 
     is operating under the laws of the United States.''.

     SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE 
                   OFFENSE OF OBSTRUCTION OF A FEDERAL AUDIT.

       Section 1516(b) of title 18, United States Code, is 
     amended--
       (1) by striking ``section the term'' and inserting 
     ``section--
       ``(1) the term'';
       (2) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following new paragraph:
       ``(2) the term `in any 1 year period' has the meaning given 
     to the term `in any one-year period' in section 666.''.
              Subtitle G--Safer Streets and Neighborhoods

     SEC. 320701. SHORT TITLE.

       This subtitle may be cited as the ``Safer Streets and 
     Neighborhoods Act of 1994''.

     SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.

       (a) Amendment.--Section 510(b) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3760(b)) is amended by inserting ``non-Federal'' after 
     ``with''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1994.
                Subtitle H--Recreational Hunting Safety

     SEC. 320801. SHORT TITLE.

       This subtitle may be cited as the ``Recreational Hunting 
     Safety and Preservation Act of 1994''.

     SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.

       It is a violation of this section intentionally to engage 
     in any physical conduct that significantly hinders a lawful 
     hunt.

     SEC. 320803. CIVIL PENALTIES.

       (a) In General.--A person who violates section 320802 shall 
     be assessed a civil penalty in an amount computed under 
     subsection (b).
       (b) Computation of Penalty.--The penalty shall be--
       (1) not more than $10,000, if the violation involved the 
     use of force or violence, or the threatened use of force or 
     violence, against the person or property of another person; 
     and
       (2) not more than $5,000 for any other violation.
       (c) Relationship to Other Penalties.--The penalties 
     established by this section shall be in addition to other 
     criminal or civil penalties that may be levied against the 
     person as a result of an activity in violation of section 
     320802.
       (d) Procedure.--Upon receipt of--
       (1) a written complaint from an officer, employee, or agent 
     of the Forest Service, Bureau of Land Management, National 
     Park Service, United States Fish and Wildlife Service, or 
     other Federal agency that a person violated section 320802; 
     or
       (2) a sworn affidavit from an individual and a 
     determination by the Secretary that the statement contains 
     sufficient factual allegations to create a reasonable belief 
     that a violation of section 320802 has occurred;

     the Secretary may request the Attorney General of the United 
     States to institute a civil action for the imposition and 
     collection of the civil penalty under this section.
       (e) Use of Penalty Money Collected.--After deduction of 
     costs attributable to collection, money collected from 
     penalties shall be--
       (1) deposited into the trust fund established pursuant to 
     the Act entitled ``An Act to provide that the United States 
     shall aid the States in wildlife-restoration projects, and 
     for other purposes'', approved September 2, 1937 (16 U.S.C. 
     669) (commonly known as the ``Pitman-Robertson Wildlife 
     Restoration Act''), to support the activities authorized by 
     such Act and undertaken by State wildlife management 
     agencies; or
       (2) used in such other manner as the Secretary determines 
     will enhance the funding and implementation of--
       (A) the North American Waterfowl Management Plan signed by 
     the Secretary of the Interior and the Minister of Environment 
     for Canada in May 1986; or
       (B) a similar program that the Secretary determines will 
     enhance wildlife management--
       (i) on Federal lands; or
       (ii) on private or State-owned lands when the efforts will 
     also provide a benefit to wildlife management objectives on 
     Federal lands.

     SEC. 320804. OTHER RELIEF.

       Injunctive relief against a violation of section 320802 may 
     be sought by--
       (1) the head of a State agency with jurisdiction over fish 
     or wildlife management;
       (2) the Attorney General of the United States; or
       (3) any person who is or would be adversely affected by the 
     violation.

     SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL 
                   ACTIONS.

       This subtitle does not preempt a State law or local 
     ordinance that provides for civil or criminal penalties for 
     conduct that violates this subtitle.

     SEC. 320806. REGULATIONS.

       The Secretary may issue such regulations as are necessary 
     to carry out this subtitle.

     SEC. 320807. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to impair a 
     right guaranteed to a person under the first article of 
     amendment to the Constitution or limit any legal remedy for 
     forceful interference with a person's lawful participation in 
     speech or peaceful assembly.

     SEC. 320808. DEFINITIONS.

       As used in this subtitle:
       (1) Federal lands.--The term ``Federal lands'' means--
       (A) national forests;
       (B) public lands;
       (C) national parks; and
       (D) wildlife refuges.
       (2) Lawful hunt.--The term ``lawful hunt'' means the taking 
     or harvesting (or attempted taking or harvesting) of wildlife 
     or fish, on Federal lands, which--
       (A) is lawful under the laws applicable in the place it 
     occurs; and
       (B) does not infringe upon a right of an owner of private 
     property.
       (3) National forest.--The term ``national forest'' means 
     lands included in the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))).
       (4) National park.--The term ``national park'' means lands 
     and waters included in the National Park System (as defined 
     in section 2(a) of the Act entitled ``An Act to facilitate 
     the management of the National Park System and miscellaneous 
     areas administered in connection with that system, and for 
     other purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).
       (5) Public lands.--The term ``public lands'' has the same 
     meaning as is provided in section 103(e) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
       (6) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture with respect to national 
     forests; and
       (B) the Secretary of the Interior with respect to--
       (i) public lands;
       (ii) national parks; and
       (iii) wildlife refuges.
       (7) Wildlife refuge.--The term ``wildlife refuge'' means 
     lands and waters included in the National Wildlife Refuge 
     System (as established by section 4 of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).
       (8) Conduct.--The term ``conduct'' does not include speech 
     protected by the first article of amendment to the 
     Constitution.
                      Subtitle I--Other Provisions

     SEC. 320901. WIRETAPS.

       Section 2511(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of paragraph (c);
       (2) by inserting ``or'' at the end of paragraph (d); and
       (3) by adding after paragraph (d) the following new 
     paragraph:
       ``(e)(i) intentionally discloses, or endeavors to disclose, 
     to any other person the contents of any wire, oral, or 
     electronic communication, intercepted by means authorized by 
     sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 
     of this subchapter, (ii) knowing or having reason to know 
     that the information was obtained through the interception of 
     such a communication in connection with a criminal 
     investigation, (iii) having obtained or received the 
     information in connection with a criminal investigation, and 
     (iv) with intent to improperly obstruct, impede, or interfere 
     with a duly authorized criminal investigation,''.  

     SEC. 320902. THEFT OF MAJOR ARTWORK.

       (a) Offense.--Chapter 31 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 668. Theft of major artwork

       ``(a) Definitions.--In this section--
       ```museum' means an organized and permanent institution, 
     the activities of which affect interstate or foreign 
     commerce, that--
       ``(A) is situated in the United States;
       ``(B) is established for an essentially educational or 
     aesthetic purpose;
       ``(C) has a professional staff; and
       ``(D) owns, utilizes, and cares for tangible objects that 
     are exhibited to the public on a regular schedule.
       ```object of cultural heritage' means an object that is--
       ``(A) over 100 years old and worth in excess of $5,000; or
       ``(B) worth at least $100,000.''.
       ``(b) Offenses.--A person who--
       ``(1) steals or obtains by fraud from the care, custody, or 
     control of a museum any object of cultural heritage; or
       ``(2) knowing that an object of cultural heritage has been 
     stolen or obtained by fraud, if in fact the object was stolen 
     or obtained from the care, custody, or control of a museum 
     (whether or not that fact is known to the person), receives, 
     conceals, exhibits, or disposes of the object,

     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (b) Period of Limitation.--Chapter 213 of title 18, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 3294. Theft of major artwork

       ``No person shall be prosecuted, tried, or punished for a 
     violation of or conspiracy to violate section 668 unless the 
     indictment is returned or the information is filed within 20 
     years after the commission of the offense.''.
       (d) Technical Amendments.--
       (1) Chapter 31.--The chapter analysis for chapter 31 of 
     title 18, United States Code, is amended by adding at the end 
     the following new item:

``668. Theft of major artwork.''.

       (2) Chapter 213.--The chapter analysis for chapter 213 of 
     title 18, United States Code, is amended by adding at the end 
     the following new item:

``3294. Theft of major artwork.''.

     SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, 
                   SMUGGLING, AND PROPERTY DAMAGE OFFENSES TO 
                   ELIMINATE INCONSISTENCIES AND GAPS IN COVERAGE.

       (a) Robbery and Burglary.--(1) Section 2111 of title 18, 
     United States Code, is amended by inserting ``or attempts to 
     take'' after ``takes''.
       (2) Section 2112 of title 18, United States Code, is 
     amended by inserting ``or attempts to rob'' after ``robs''.
       (3) Section 2114 of title 18, United States Code, is 
     amended by inserting ``or attempts to rob'' after ``robs''.
       (b) Kidnapping.--Section 1201(d) of title 18, United States 
     Code, is amended by striking ``Whoever attempts to violate 
     subsection (a)(4) or (a)(5)'' and inserting ``Whoever 
     attempts to violate subsection (a)''.
       (c) Smuggling.--Section 545 of title 18, United States 
     Code, is amended by inserting ``or attempts to smuggle or 
     clandestinely introduce'' after ``smuggles, or clandestinely 
     introduces''.
       (d) Malicious Mischief.--(1) Section 1361 of title 18, 
     United States Code, is amended--
       (A) by inserting ``or attempts to commit any of the 
     foregoing offenses'' before ``shall be punished'', and
       (B) by inserting ``or attempted damage'' after ``damage'' 
     each place it appears.
       (2) Section 1362 of title 18, United States Code, is 
     amended by inserting ``or attempts willfully or maliciously 
     to injure or destroy'' after ``willfully or maliciously 
     injures or destroys''.
       (3) Section 1366 of title 18, United States Code, is 
     amended--
       (A) by inserting ``or attempts to damage'' after 
     ``damages'' each place it appears;
       (B) by inserting ``or attempts to cause'' after ``causes''; 
     and
       (C) by inserting ``or would if the attempted offense had 
     been completed have exceeded'' after ``exceeds'' each place 
     it appears.

     SEC. 320904. GUN-FREE SCHOOL ZONES.

       Section 922(q) of title 18, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively; and
       (2) by inserting after ``(q)'' the following new paragraph:
       ``(1) The Congress finds and declares that--
       ``(A) crime, particularly crime involving drugs and guns, 
     is a pervasive, nationwide problem;
       ``(B) crime at the local level is exacerbated by the 
     interstate movement of drugs, guns, and criminal gangs;
       ``(C) firearms and ammunition move easily in interstate 
     commerce and have been found in increasing numbers in and 
     around schools, as documented in numerous hearings in both 
     the Judiciary Committee of the House of Representatives and 
     Judiciary Committee of the Senate;
       ``(D) in fact, even before the sale of a firearm, the gun, 
     its component parts, ammunition, and the raw materials from 
     which they are made have considerably moved in interstate 
     commerce;
       ``(E) while criminals freely move from State to State, 
     ordinary citizens and foreign visitors may fear to travel to 
     or through certain parts of the country due to concern about 
     violent crime and gun violence, and parents may decline to 
     send their children to school for the same reason;
       ``(F) the occurrence of violent crime in school zones has 
     resulted in a decline in the quality of education in our 
     country;
       ``(G) this decline in the quality of education has an 
     adverse impact on interstate commerce and the foreign 
     commerce of the United States;
       ``(H) States, localities, and school systems find it almost 
     impossible to handle gun-related crime by themselves; even 
     States, localities, and school systems that have made strong 
     efforts to prevent, detect, and punish gun-related crime find 
     their efforts unavailing due in part to the failure or 
     inability of other States or localities to take strong 
     measures; and
       ``(I) Congress has power, under the interstate commerce 
     clause and other provisions of the Constitution, to enact 
     measures to ensure the integrity and safety of the Nation's 
     schools by enactment of this subsection.''.

     SEC. 320905. INTERSTATE WAGERING.

       Section 1301 of title 18, United States Code, is amended by 
     inserting ``or, being engaged in the business of procuring 
     for a person in 1 State such a ticket, chance, share, or 
     interest in a lottery, gift, enterprise or similar scheme 
     conducted by another State (unless that business is permitted 
     under an agreement between the States in question or 
     appropriate authorities of those States), knowingly transmits 
     in interstate or foreign commerce information to be used for 
     the purpose of procuring such a ticket, chance, share, or 
     interest;'' after ``scheme;''.

     SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE 
                   AGAINST TRUCKERS.

       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.

     SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-
                   WEDLOCK BIRTHS.

       It is the sense of the Senate that--
       (1) the Secretary of Health and Human Services, in 
     consultation with the National Center for Health Statistics, 
     should prepare an analysis of the causes of the increase in 
     out-of-wedlock births, and determine whether there is any 
     historical precedent for such increase, as well as any 
     equivalent among foreign nations, and
       (2) the Secretary of Health and Human Services should 
     report to Congress within 12 months after the date of the 
     enactment of this Act on the Secretary's analysis of the out-
     of-wedlock problem and its causes, as well as possible 
     remedial measures that could be taken.

     SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE 
                   UNITED NATIONS IN INTERNATIONAL ORGANIZED CRIME 
                   CONTROL.

       It is the sense of the Senate that--
       (1) the United States should encourage the development of a 
     United Nations Convention on Organized Crime; and
       (2) the United Nations should--
       (A) provide significant additional resources to the 
     Commission on Crime Prevention and Criminal Justice;
       (B) consider an expansion of the Commission's role and 
     authority; and
       (C) seek a cohesive approach to the international organized 
     crime problem.

     SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED 
                   OFFENSES.

       (a) In General.--Chapter 211 of title 18, United States 
     Code, is amended by inserting after section 3238 the 
     following new section:

     ``Sec. 3239. Optional venue for espionage and related 
       offenses

       ``The trial for any offense involving a violation, begun or 
     committed upon the high seas or elsewhere out of the 
     jurisdiction of any particular State or district, of--
       ``(1) section 793, 794, 798, or section 1030(a)(1) of this 
     title;
       ``(2) section 601 of the National Security Act of 1947 (50 
     U.S.C. 421); or
       ``(3) section 4(b) or 4(c) of the Subversive Activities 
     Control Act of 1950 (50 U.S.C. 783 (b) or (c));

     may be in the District of Columbia or in any other district 
     authorized by law.''.
       (b) Technical Amendment.--The item relating to section 3239 
     in the table of sections of chapter 211 of title 18, United 
     States Code, is amended to read as follows:

``3239. Optional venue for espionage and related offenses.''.

     SEC. 320910. UNDERCOVER OPERATIONS.

       (a) In General.--Chapter 1 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 21. Stolen or counterfeit nature of property for 
       certain crimes defined

       ``(a) Wherever in this title it is an element of an offense 
     that--
       ``(1) any property was embezzled, robbed, stolen, 
     converted, taken, altered, counterfeited, falsely made, 
     forged, or obliterated; and
       ``(2) the defendant knew that the property was of such 
     character;

     such element may be established by proof that the defendant, 
     after or as a result of an official representation as to the 
     nature of the property, believed the property to be 
     embezzled, robbed, stolen, converted, taken, altered, 
     counterfeited, falsely made, forged, or obliterated.
       ``(b) For purposes of this section, the term `official 
     representation' means any representation made by a Federal 
     law enforcement officer (as defined in section 115) or by 
     another person at the direction or with the approval of such 
     an officer.''.
       (b) Technical Amendment.--The table of sections of chapter 
     1 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``21. Stolen or counterfeit nature of property for certain crimes 
              defined.''.

     SEC. 320911. MISUSE OF INITIALS ``DEA''.

       (a) Amendment.--Section 709 of title 18, United States 
     Code, is amended--
       (1) in the thirteenth unnumbered paragraph by striking 
     ``words--'' and inserting ``words; or''; and
       (2) by inserting after the thirteenth unnumbered paragraph 
     the following new paragraph:
       ``A person who, except with the written permission of the 
     Administrator of the Drug Enforcement Administration, 
     knowingly uses the words `Drug Enforcement Administration' or 
     the initials `DEA' or any colorable imitation of such words 
     or initials, in connection with any advertisement, circular, 
     book, pamphlet, software or other publication, play, motion 
     picture, broadcast, telecast, or other production, in a 
     manner reasonably calculated to convey the impression that 
     such advertisement, circular, book, pamphlet, software or 
     other publication, play, motion picture, broadcast, telecast, 
     or other production is approved, endorsed, or authorized by 
     the Drug Enforcement Administration;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall become effective on the date that is 90 days after the 
     date of enactment of this Act.

     SEC. 320912. DEFINITION OF LIVESTOCK.

       Section 2311 of title 18, United States Code, is amended by 
     inserting after the second paragraph relating to the 
     definition of ``cattle'' the following new paragraph:
       ```livestock' means any domestic animals raised for home 
     use, consumption, or profit, such as horses, pigs, llamas, 
     goats, fowl, sheep, buffalo, and cattle, or the carcasses 
     thereof.''.

     SEC. 320913. ASSET FORFEITURE.

       (a) Amendment.--Section 524(c)(1) of title 28, United 
     States Code, is amended--
       (1) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (2) by inserting after subparagraph (G) the following new 
     subparagraph:
       ``(H) the payment of State and local property taxes on 
     forfeited real property that accrued between the date of the 
     violation giving rise to the forfeiture and the date of the 
     forfeiture order; and''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall apply to all claims pending at the time 
     of or commenced subsequent to the date of enactment of this 
     Act.

     SEC. 320914. CLARIFICATION OF DEFINITION OF A ``COURT OF THE 
                   UNITED STATES'' TO INCLUDE THE DISTRICT COURTS 
                   FOR GUAM, THE NORTHERN MARIANA ISLANDS, AND THE 
                   VIRGIN ISLANDS.

       (a) In General.--Chapter 1 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 23. Court of the United States defined

       ``As used in this title, except where otherwise expressly 
     provided the term `court of the United States' includes the 
     District Court of Guam, the District Court for the Northern 
     Mariana Islands, and the District Court of the Virgin 
     Islands.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     1 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``23. Court of the United States defined.''.

     SEC. 320915. LAW ENFORCEMENT PERSONNEL.

       It is the sense of the Senate that law enforcement 
     personnel should not be reduced and calls upon the President 
     of the United States to exempt Federal law enforcement 
     positions from Executive Order 12839 and other Executive 
     memoranda mandating reductions in the Federal workforce.

     SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST 
                   TRAVELERS.

       (a) In General.--Chapter 33 of title 28, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 540A. Investigation of violent crimes against 
       travelers

       ``(a) In General.--At the request of an appropriate law 
     enforcement official of a State or political subdivision, the 
     Attorney General and Director of 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.
       ``(b) Foreign Travelers.--In a case in which the traveler 
     who is a victim of a crime described in subsection (a) is 
     from a foreign nation, the Attorney General and Director of 
     the Federal Bureau of Investigation, and, when appropriate, 
     the Secretary 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.
       ``(c) Definitions.--In this section--
       ```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.
       ```State' means a State, the District of Columbia, and any 
     commonwealth, territory, or possession of the United States.
       ```traveler' means a victim of a crime of violence who is 
     not a resident of the State in which the crime of violence 
     occurred.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     33 of title 28, United States Code, is amended by adding at 
     the end the following new item:

``540A. Investigation of violent crimes against travelers.''.

     SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.

       (a) In General.--Section 844(i) of title 18, United States 
     Code, is amended by adding at the end the following: ``No 
     person shall be prosecuted, tried, or punished for any 
     noncapital offense under this subsection unless the 
     indictment is found or the information is instituted within 7 
     years after the date on which the offense was committed.''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall not apply to any offense described in 
     the amendment that was committed more than 5 years prior to 
     the date of enactment of this Act.

     SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND 
                   VISITATION RIGHTS.

       It is the sense of the Congress that in determining child 
     custody and visitation rights, the courts should take into 
     consideration the history of drunk driving that any person 
     involved in the determination may have.

     SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.

       Nothing in this Act shall be construed to prohibit or 
     exclude the expenditure of appropriations to grant recipients 
     that 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.

     SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.

       It is the sense of the Senate that in celebration of ``Law 
     Day, U.S.A.'', May 1, 1995, the grateful people of this 
     Nation should give special emphasis to all law enforcement 
     personnel of the United States, and the grateful people of 
     this Nation should acknowledge the unflinching and devoted 
     service law enforcement personnel perform as such personnel 
     help preserve domestic tranquillity and guarantee the legal 
     rights of all individuals of this Nation.

     SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER 
                   REHABILITATION PROGRAM.

       (a) Sentence of Probation.--Section 3561 of title 18, 
     United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting the following new subsection after 
     subsection (a):
       ``(b) Domestic Violence Offenders.--A defendant who has 
     been convicted for the first time of a domestic violence 
     crime shall be sentenced to a term of probation if not 
     sentenced to a term of imprisonment. The term `domestic 
     violence crime' means a crime of violence for which the 
     defendant may be prosecuted in a court of the United States 
     in which the victim or intended victim is the spouse, former 
     spouse, intimate partner, former intimate partner, child, or 
     former child of the defendant, or any relative defendant, 
     child, or former child of the defendant, or any other 
     relative of the defendant.''.
       (b) Conditions of Probation.--Section 3563(a) of title 18, 
     United States Code, is amended by--
       (1) striking ``and'' at the end of paragraph (2);
       (2) striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by inserting the following new paragraph:
       ``(4) for a domestic violence crime as defined in section 
     3561(b) by a defendant convicted of such an offense for the 
     first time that the defendant attend a public, private, or 
     private non-profit offender rehabilitation program that has 
     been approved by the court, in consultation with a State 
     Coalition Against Domestic Violence or other appropriate 
     experts, if an approved program is readily available within a 
     50-mile radius of the legal residence of the defendant.''.
       (c) Supervised Release.--Section 3583 of title 18, United 
     States Code, is amended--
       (1) in subsection (a) by inserting ``or if the defendant 
     has been convicted for the first time of a domestic violence 
     crime as defined in section 3561(b)'' after ``statute''; and
       (2) in subsection (d) by inserting the following after the 
     first sentence: ``The court shall order as an explicit 
     condition of supervised release for a defendant convicted for 
     the first time of a domestic violence crime as defined in 
     section 3561(b) that the defendant attend a public, private, 
     or private nonprofit offender rehabilitation program that has 
     been approved by the court, in consultation with a State 
     Coalition Against Domestic Violence or other appropriate 
     experts, if an approved program is readily available within a 
     50-mile radius of the legal residence of the defendant.''.

     SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.

       (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 
     halfstaff 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.''.

     SEC. 320923. 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''.

     SEC. 320924. DEFINITION OF ``PARENT'' FOR THE PURPOSES OF THE 
                   OFFENSE OF KIDNAPPING.

       Section 1201 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(h) As used in this section, the term `parent' does not 
     include a person whose parental rights with respect to the 
     victim of an offense under this section have been terminated 
     by a final court order.''.

     SEC. 320926. HATE CRIME STATISTICS ACT.

       Subsection (b)(1) of the first section of the Hate Crime 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``disability,'' after ``religion,''.

     SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK 
                   REQUIREMENT OF RETURN OF HANDGUN TO OWNER.

       Section 922(s)(1) of title 18, United States Code, is 
     amended in the first sentence by inserting ``(other than the 
     return of a handgun to the person from whom it was 
     received)'' after ``handgun''.

     SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT 
                   OF 1993.

       (a) Protection of the Elderly and Individuals With 
     Disabilities.--
       (1) Background checks.--Section 3(a)(1) of the National 
     Child Protection Act of 1993 (42 U.S.C. 5119a) is amended by 
     striking ``an individual's fitness to have responsibility for 
     the safety and well-being of children'' and inserting ``the 
     provider's fitness to have responsibility for the safety and 
     well-being of children, the elderly, or individuals with 
     disabilities''.
       (2) Guidelines.--Section 3(b) of the National Child 
     Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended--
       (A) in paragraph (1)(E)--
       (i) by striking ``child'' the first place it appears and 
     inserting ``person''; and
       (ii) by striking ``child'' the second place it appears; and
       (B) in paragraph (4) by striking ``an individual's fitness 
     to have responsibility for the safety and well-being of 
     children'' and inserting ``the provider's fitness to have 
     responsibility for the safety and well-being of children, the 
     elderly, or individuals with disabilities''.
       (3) Definition of care.--Section 5 of the National Child 
     Protection Act of 1993 (42 U.S.C. 5119c(5)) is amended--
       (A) by amending paragraph (5) to read as follows:
       ``(5) the term `care' means the provision of care, 
     treatment, education, training, instruction, supervision, or 
     recreation to children, the elderly, or individuals with 
     disabilities;''; and
       (B) in paragraph (8) by striking ``child care'' each place 
     it appears and inserting ``care''.
       (b) Information Required To Be Reported.--Section 2(a) of 
     the National Child Protection Act of 1993 (42 U.S.C. 5119(a)) 
     is amended by adding at the end ``A criminal justice agency 
     may satisfy the requirement of this subsection by reporting 
     or indexing all felony and serious misdemeanor arrests and 
     dispositions.''.
       (c) Clarification of Immunity Provision.--Section 3(d) of 
     the National Child Protection Act of 1993 (42 U.S.C. 
     5119a(d)) is amended by inserting ``(other than itself)'' 
     after ``failure of a qualified entity''.
       (d) Defrayment of Costs to Volunteers of Conducting 
     Background Checks.--Section 4(b) of the National Child 
     Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended--
       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) to assist the State in paying all or part of the cost 
     to the State of conducting background checks on persons who 
     are employed by or volunteer with a public, not-for-profit, 
     or voluntary qualified entity to reduce the amount of fees 
     charged for such background checks.''.
       (e) Fees.--Section 3(e) of the National Child Protection 
     Act of 1993 is amended by striking ``the actual cost'' and 
     inserting ``eighteen dollars, respectively, or the actual 
     cost, whichever is less,''.
       (f) Costs of the FBI.--Funds authorized to be appropriated 
     to the Federal Bureau of Investigation under section 
     190001(c) of this Act may be used to pay all or part of the 
     cost to the Federal Bureau of Investigation of carrying out 
     the National Child Protection Act of 1993, including the cost 
     of conducting background checks on persons who are employed 
     by or volunteer with a public, not-for-profit, or voluntary 
     qualified entity to reduce the amount of fees charged for 
     such background checks.
       (g) Guidelines.--
       (1) In general.--The Attorney General, in consultation with 
     Federal, State, and local officials, including officials 
     responsible for criminal history record systems, and 
     representatives of public and private care organizations and 
     health, legal, and social welfare organizations, shall 
     develop guidelines for the adoption of appropriate safeguards 
     by care providers and by States for protecting children, the 
     elderly, or individuals with disabilities from abuse.
       (2) Matters to be addressed.--In developing guidelines 
     under paragraph (1), the Attorney General shall address the 
     availability, cost, timeliness, and effectiveness of criminal 
     history background checks and recommend measures to ensure 
     that fees for background checks do not discourage volunteers 
     from participating in care programs.
       (3) Dissemination.--The Attorney General shall, subject to 
     the availability of appropriations, disseminate the 
     guidelines to State and local officials and to public and 
     private care providers.
       (h) Change of Report Deadline.--Section 2(f)(2) of the 
     National Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) 
     is amended by striking ``1 year'' and inserting ``2 years''.
       (i) Change of Implementation Deadline.--Section 2(b)(2)(A) 
     of the National Child Protection Act of 1993 (42 U.S.C. 
     5119(b)(2)(A)) is amended by striking ``3 years'' and 
     inserting ``5 years''.
       (j) Definition of Child Abuse Cases and Individuals With 
     Disabilities.--Section 5 of the National Child Protection Act 
     of 1993 (42 U.S.C. 5119c) is amended--
       (1) by redesignating paragraph (6), (7), (8), and (9) as 
     paragraph (8), (9), (10), and (11), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) the term `identifiable child abuse crime case' means 
     a case that can be identified by the authorized criminal 
     justice agency of the State as involving a child abuse crime 
     by reference to the statutory citation or descriptive label 
     of the crime as it appears in the criminal history record;
       ``(7) the term `individuals with disabilities' means 
     persons with a mental or physical impairment who require 
     assistance to perform one or more daily living tasks;''.

     SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT 
                   PERSONNEL.

       The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 
     et seq.) is amended by inserting after section 4 the 
     following new section:
       ``Sec. 4A. Law Enforcement.--(a) Designation of Law 
     Enforcement Agents.--The Board may designate employees of the 
     corporation to act as law enforcement agents in the area of 
     jurisdiction described in subsection (c).
       ``(b) Duties and Powers.--
       ``(1) Duties.--A law enforcement agent designated under 
     subsection (a) shall maintain law and order and protect 
     persons and property in the area of jurisdiction described in 
     subsection (c) and protect property and officials and 
     employees of the corporation outside that area.
       ``(2) Powers.--In the performance of duties described in 
     paragraph (1), a law enforcement agent designated under 
     subsection (a) may--
       ``(A) make arrests without warrant for any offense against 
     the United States committed in the agent's presence, or for 
     any felony cognizable under the laws of the United States if 
     the agent has probable cause to believe that the person to be 
     arrested has committed or is committing such a felony;
       ``(B) execute any warrant or other process issued by a 
     court or officer of competent jurisdiction for the 
     enforcement of any Federal law or regulation issued pursuant 
     to law in connection with the investigation of an offense 
     described in subparagraph (A);
       ``(C) conduct an investigation of an offense described in 
     subparagraph (A) in the absence of investigation of the 
     offense by any Federal law enforcement agency having 
     investigative jurisdiction over the offense or with the 
     concurrence of that agency; and
       ``(D) carry firearms in carrying out any activity described 
     in subparagraph (A), (B), or (C).
       ``(c) Area of Jurisdiction.--A law enforcement agent 
     designated under subsection (a) shall be authorized to 
     exercise the law enforcement duties and powers described in 
     subsection (b)--
       ``(1) on any lands or facilities owned or leased by the 
     corporation or within such adjoining areas in the vicinities 
     of such lands or facilities as may be determined by the board 
     under subsection (e); and
       ``(2) on other lands or facilities--
       ``(A) when the person to be arrested is in the process of 
     fleeing from such lands, facilities, or adjoining areas to 
     avoid arrest;
       ``(B) in conjunction with the protection of property or 
     officials or employees of the corporation on or within lands 
     or facilities other than those owned or leased by the 
     corporation; or
       ``(C) in cooperation with other Federal, State, or local 
     law enforcement agencies.
       ``(d) Federal Investigative Jurisdiction and State Civil 
     and Criminal Jurisdiction Not Preempted.--Nothing in this 
     section shall be construed to--
       ``(1) limit or restrict the investigative jurisdiction of 
     any Federal law enforcement agency; or
       ``(2) affect any right of a State or a political 
     subdivision thereof to exercise civil and criminal 
     jurisdiction on or within lands or facilities owned or leased 
     by the corporation.
       ``(e) Determination of Adjoining Areas.--
       ``(1) In general.--The board shall determine and may from 
     time-to-time modify the adjoining areas for each facility or 
     particular area of land, or for individual categories of such 
     facilities or lands, for the purposes of subsection (c)(1).
       ``(2) Notice.--A notice and description of each adjoining 
     area determination or modification of a determination made 
     under paragraph (1) shall be published in the Federal 
     Register.
       ``(f) Qualifications and Training.--The board, in 
     consultation with the Attorney General, shall adopt 
     qualification and training standards for law enforcement 
     agents designated under subsection (a).
       ``(g) Relation to Other Law.--A law enforcement agent 
     designated under subsection (a) shall not be considered to be 
     a law enforcement officer of the United States for the 
     purposes of any other law, and no law enforcement agent 
     designated under subsection (a) or other employee of the 
     corporation shall receive an increase in compensation solely 
     on account of this section.
       ``(h) Relationship With Attorney General.--The duties and 
     powers of law enforcement agents designated under subsection 
     (a) that are described in subsection (b) shall be exercised 
     in accordance with guidelines approved by the Attorney 
     General.''.

     SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.

       Section 545(a) of title 28, United States Code, is 
     amended--
       (1) by striking ``and assistant United States attorney''; 
     and
       (2) by inserting the following after the first sentence: 
     ``Each assistant United States attorney shall reside in the 
     district for which he or she is appointed or within 25 miles 
     thereof.''.

     SEC. 320933. LABELS ON PRODUCTS.

       To the extent any person introduces, delivers for 
     introduction, sells, advertises, or offers for sale in 
     commerce a product with a ``Made in the U.S.A.'' or ``Made in 
     America'' label, or the equivalent thereof, in order to 
     represent that such product was in whole or substantial part 
     of domestic origin, such label shall be consistent with 
     decisions and orders of the Federal Trade Commission issued 
     pursuant to section 5 of the Federal Trade Commission Act. 
     This section only applies to such labels. Nothing in this 
     section shall preclude the application of other provisions of 
     law relating to labeling. The Commission may periodically 
     consider an appropriate percentage of imported components 
     which may be included in the product and still be reasonably 
     consistent with such decisions and orders. Nothing in this 
     section shall preclude use of such labels for products that 
     contain imported components under the label when the label 
     also discloses such information in a clear and conspicuous 
     manner. The Commission shall administer this section pursuant 
     to section 5 of the Federal Trade Commission Act and may from 
     time to time issue rules pursuant to section 553 of Title 5, 
     United States Code for such purpose. If a rule is issued, 
     such violation shall be treated by the Commission as a 
     violation of a rule under section 18 of the Federal Trade 
     Commissions Act (15 U.S.C. 57a) regarding unfair or deceptive 
     acts or practices. This section shall be effective upon 
     publication in the Federal Register of a Notice of the 
     provisions of this section. The Commission shall publish such 
     notice within six months after the enactment of this section.

     SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION 
                   ORDER.

       Section 523(a) of title 11, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of paragraph (11);
       (2) by striking the period at the end of paragraph (12) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(13) for any payment of an order of restitution issued 
     under title 18, United States Code.''

     SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN 
                   SEX OFFENSE CASES.

       (a) The Federal Rules of Evidence are amended by adding 
     after Rule 412 the following new rules:

     ``Rule 413. Evidence of Similar Crimes in Sexual Assault 
       Cases

       ``(a) In a criminal case in which the defendant is accused 
     of an offense of sexual assault, evidence of the defendant's 
     commission of another offense or offenses of sexual assault 
     is admissible, and may be considered for its bearing on any 
     matter to which it is relevant.
       ``(b) In a case in which the Government intends to offer 
     evidence under this rule, the attorney for the Government 
     shall disclose the evidence to the defendant, including 
     statements of witnesses or a summary of the substance of any 
     testimony that is expected to be offered, at least fifteen 
     days before the scheduled date of trial or at such later time 
     as the court may allow for good cause.
       ``(c) This rule shall not be construed to limit the 
     admission or consideration of evidence under any other rule.
       ``(d) For purposes of this rule and Rule 415, ``offense of 
     sexual assault'' means a crime under Federal law or the law 
     of a State (as defined in section 513 of title 18, United 
     States Code) that involved--
       ``(1) any conduct proscribed by chapter 109A of title 18, 
     United States Code;
       ``(2) contact, without consent, between any part of the 
     defendant's body or an object and the genitals or anus of 
     another person;
       ``(3) contact, without consent, between the genitals or 
     anus of the defendant and any part of another person's body;
       ``(4) deriving sexual pleasure or gratification from the 
     infliction of death, bodily injury, or physical pain on 
     another person; or
       ``(5) an attempt or conspiracy to engage in conduct 
     described in paragraph (1)-(4).

     ``Rule 414. Evidence of Similar Crimes in Child Molestation 
       Cases

       ``(a) In a criminal case in which the defendant is accused 
     of an offense of child molestation, evidence of the 
     defendant's commission of another offense or offenses of 
     child molestation is admissible, and may be considered for 
     its bearing on any matter to which it is relevant.
       ``(b) In a case in which the Government intends to offer 
     evidence under this rule, the attorney for the Government 
     shall disclose the evidence to the defendant, including 
     statements of witnesses or a summary of the substance of any 
     testimony that is expected to be offered, at least fifteen 
     days before the scheduled date of trial or at such later time 
     as the court may allow for good cause.
       ``(c) This rule shall not be construed to limit the 
     admission or consideration of evidence under any other rule.
       ``(d) For purposes of this rule and Rule 415, ``child'' 
     means a person below the age of fourteen, and ``offense of 
     child molestation'' means a crime under Federal law or the 
     law of a State (as defined in section 513 of title 18, United 
     States Code) that involved--
       ``(1) any conduct proscribed by chapter 109A of title 18, 
     United States Code, that was committed in relation to a 
     child;
       ``(2) any conduct proscribed by chapter 110 of title 18, 
     United States Code;
       ``(3) contact between any part of the defendant's body or 
     an object and the genitals or anus of a child;
       ``(4) contact between the genitals or anus of the defendant 
     and any part of the body of a child;
       ``(5) deriving sexual pleasure or gratification from the 
     infliction of death, bodily injury, or physical pain on a 
     child; or
       ``(6) an attempt or conspiracy to engage in conduct 
     described in paragraphs (1)-(5).

     ``Rule 415. Evidence of Similar Acts in Civil Cases 
       Concerning Sexual Assault or Child Molestation

       ``(a) In a civil case in which a claim for damages or other 
     relief is predicated on a party's alleged commission of 
     conduct constituting an offense of sexual assault or child 
     molestation, evidence of that party's commission of another 
     offense or offenses of sexual assault or child molestation is 
     admissible and may be considered as provided in Rule 413 and 
     Rule 414 of these rules.
       ``(b) A party who intends to offer evidence under this Rule 
     shall disclose the evidence to the party against whom it will 
     be offered, including statements of witnesses or a summary of 
     the substance of any testimony that is expected to be 
     offered, at least fifteen days before the scheduled date of 
     trial or at such later time as the court may allow for good 
     cause.
       ``(c) This rule shall not be construed to limit the 
     admission or consideration of evidence under any other 
     rule.''
       (b) Implementation.--The amendments made by subsection (a) 
     shall become effective pursuant to subsection (d).
       (c) Recommendations by Judicial Conference.--Not later than 
     150 days after the date of enactment of this Act, the 
     Judicial Conference of the United States shall transmit to 
     Congress a report containing recommendations for amending the 
     Federal Rules of Evidence as they affect the admission of 
     evidence of a defendant's prior sexual assault or child 
     molestation crimes in cases involving sexual assault and 
     child molestation. The Rules Enabling Act shall not apply to 
     the recommendations made by the Judicial Conference pursuant 
     to this section.
       (d) Congressional Action.--
       (1) If the recommendations described in subsection (c) are 
     the same as the amendments made by subsection (a) then the 
     amendments made by subsection (a) shall become effective 30 
     days after the transmittal of the recommendations.
       (2) If the recommendations described in subsection (c) are 
     different than the amendments made by subsection (a), the 
     amendments made by subsection (a) shall become effective 150 
     days after the transmittal of the recommendations unless 
     otherwise provided by law.
       (3) If the Judicial Conference fails to comply with 
     subsection (c), the amendments made by subsection (a) shall 
     become effective 150 days after the date the recommendations 
     were due under subsection (c) unless otherwise provided by 
     law.
       (e) Application.--The amendments made by subsection (a) 
     shall apply to proceedings commenced on or after the 
     effective date of such amendments.
                  TITLE XXXIII--TECHNICAL CORRECTIONS

     SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL 
                   ASSISTANCE FOR LAW ENFORCEMENT.

       (a) Cross Reference Corrections.--Section 506 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3756) is amended--
       (1) in subsection (a) by striking ``Of'' and inserting 
     ``Subject to subsection (f), of'';
       (2) in subsection (c) by striking ``subsections (b) and 
     (c)'' and inserting ``subsection (b)'';
       (3) in subsection (e) by striking ``or (e)'' and inserting 
     ``or (f)''; and
       (4) in subsection (f)(1)--
       (A) in subparagraph (A)--
       (i) by striking ``, taking into consideration subsection 
     (e) but''; and
       (ii) by striking ``this subsection,'' and inserting ``this 
     subsection''; and
       (B) in subparagraph (B) by striking ``amount'' and 
     inserting ``funds''.
       (b) Correctional Options Grants.--(1) Section 515(b) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 is amended--
       (A) by striking ``subsection (a)(1) and (2)'' and inserting 
     ``paragraphs (1) and (2) of subsection (a)''; and
       (B) in paragraph (2) by striking ``States'' and inserting 
     ``public agencies''.
       (2) Section 516 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 is amended--
       (A) in subsection (a) by striking ``for section'' each 
     place it appears and inserting ``shall be used to make grants 
     under section''; and
       (B) in subsection (b) by striking ``section 515(a)(1) or 
     (a)(3)'' and inserting ``paragraph (1) or (3) of section 
     515(a)''.
       (3) Section 1001(a)(5) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)) 
     is amended by inserting ``(other than chapter B of subpart 
     2)'' after ``and E''.
       (c) Denial or Termination of Grant.--Section 802(b) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3783(b)) is amended by striking ``M,,'' and 
     inserting ``M,''.
       (d) Definitions.--Section 901(a)(21) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3791(21)) is amended by adding a semicolon at the end.
       (e) Public Safety Officers Disability Benefits.--Title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796) is amended--
       (1) in section 1201--
       (A) in subsection (a) by striking ``subsection (g)'' and 
     inserting ``subsection (h),''; and
       (B) in subsection (b)--
       (i) by striking ``subsection (g)'' and inserting 
     ``subsection (h)'';
       (ii) by striking ``personal''; and
       (iii) in the first proviso by striking ``section'' and 
     inserting ``subsection''; and
       (2) in section 1204(3) by striking ``who was responding to 
     a fire, rescue or police emergency''.
       (f) Headings.--(1) The heading for part M of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797) is amended to read as follows:


           ``Part M--Regional Information Sharing Systems''.

       (2) The heading for part O of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is 
     amended to read as follows:


                  ``Part O--Rural Drug Enforcement''.

       (g) Table of Contents.--The table of contents of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 is 
     amended--
       (1) in the item relating to section 501 by striking ``Drug 
     Control and System Improvement Grant'' and inserting ``drug 
     control and system improvement grant'';
       (2) in the item relating to section 1403 by striking 
     ``Application'' and inserting ``Applications''; and
       (3) in the items relating to part O by redesignating 
     sections 1401 and 1402 as sections 1501 and 1502, 
     respectively.
       (h) Other Technical Amendments.--Title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 is amended--
       (1) in section 202(c)(2)(E) by striking ``crime,,'' and 
     inserting ``crime,'';
       (2) in section 302(c)(19) by striking a period at the end 
     and inserting a semicolon;
       (3) in section 602(a)(1) by striking ``chapter 315'' and 
     inserting ``chapter 319'';
       (4) in section 603(a)(6) by striking ``605'' and inserting 
     ``606'';
       (5) in section 605 by striking ``this section'' and 
     inserting ``this part'';
       (6) in section 606(b) by striking ``and Statistics'' and 
     inserting ``Statistics'';
       (7) in section 801(b)--
       (A) by striking ``parts D,'' and inserting ``parts'';
       (B) by striking ``part D'' each place it appears and 
     inserting ``subpart 1 of part E'';
       (C) by striking ``403(a)'' and inserting ``501''; and
       (D) by striking ``403'' and inserting ``503'';
       (8) in the first sentence of section 802(b) by striking 
     ``part D,'' and inserting ``subpart 1 of part E or under 
     part'';
       (9) in the second sentence of section 804(b) by striking 
     ``Prevention or'' and inserting ``Prevention, or'';
       (10) in section 808 by striking ``408, 1308,'' and 
     inserting ``507'';
       (11) in section 809(c)(2)(H) by striking ``805'' and 
     inserting ``804'';
       (12) in section 811(e) by striking ``Law Enforcement 
     Assistance Administration'' and inserting ``Bureau of Justice 
     Assistance'';
       (13) in section 901(a)(3) by striking ``and,'' and 
     inserting ``, and'';
       (14) in section 1001(c) by striking ``parts'' and inserting 
     ``part''.
       (i) Conforming Amendment to Other Law.--Section 4351(b) of 
     title 18, United States Code, is amended by striking 
     ``Administrator of the Law Enforcement Assistance 
     Administration'' and inserting ``Director of the Bureau of 
     Justice Assistance''.

     SEC. 330002. GENERAL TITLE 18 CORRECTIONS.

       (a) Section 1031.--Section 1031(g)(2) of title 18, United 
     States Code, is amended by striking ``a government'' and 
     inserting ``a Government''.
       (b) Section 208.--Section 208(c)(1) of title 18, United 
     States Code, is amended by striking ``Banks'' and inserting 
     ``banks''.
       (c) Section 1007.--The heading for section 1007 of title 
     18, United States Code, is amended by striking 
     ``Transactions'' and inserting ``transactions''.
       (d) Section 1014.--Section 1014 of title 18, United States 
     Code, is amended by striking the comma that follows a comma.
       (e) Elimination of Obsolete Cross Reference.--Section 3293 
     of title 18, United States Code, is amended by striking 
     ``1008,''.
       (f) Elimination of Duplicate Subsection Designation.--
     Section 1031 of title 18, United States Code, is amended by 
     redesignating the second subsection (g) as subsection (h).
       (g) Technical Amendment to Part Analysis for Part I.--The 
     item relating to chapter 33 in the part analysis for part I 
     of title 18, United States Code, is amended by striking 
     ``701'' and inserting ``700''.
       (h) Amendment to Section 924(a)(1)(B).--Section 
     924(a)(1)(B) of title 18, United States Code, is amended by 
     striking ``(q)'' and inserting ``(r)''.
       (i) Punctuation Correction.--Section 207(c)(2)(A)(ii) of 
     title 18, United States Code, is amended by striking the 
     semicolon at the end and inserting a comma.
       (j) Chapter Analysis Correction.--The chapter analysis for 
     chapter 223 of title 18, United States Code, is amended by 
     adding at the end the following:

``3509. Child Victims' and child witnesses' rights.''.

       (k) Elimination of Superfluous Comma.--Section 3742(b) of 
     title 18, United States Code, is amended by striking 
     ``Government,'' and inserting ``Government''.

     SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND 
                   MISDESIGNATIONS.

       (a) Section 1791 of Title 18.--Section 1791(b) of title 18, 
     United States Code, is amended by striking ``(c)'' each place 
     it appears and inserting ``(d)''.
       (b) Section 2703 of Title 18.--Section 2703(d) of title 18, 
     United States Code, is amended by striking ``section 
     3126(2)(A)'' and inserting ``section 3127(2)(A)''.
       (c) Section 666 of Title 18.--Section 666(d) of title 18, 
     United States Code, is amended--
       (1) by redesignating the second paragraph (4) as paragraph 
     (5);
       (2) by striking ``and'' at the end of paragraph (3); and
       (3) by striking the period at the end of paragraph (4) and 
     inserting ``; and''.
       (d) Section 4247 of Title 18.--Section 4247(h) of title 18, 
     United States Code, is amended by striking ``subsection (e) 
     of section 4241, 4243, 4244, 4245, or 4246,'' and inserting 
     ``subsection (e) of section 4241, 4244, 4245, or 4246, or 
     subsection (f) of section 4243,''.
       (e) Section 408 of the Controlled Substance.--Section 
     408(b)(2)(A) of the Controlled Substances Act (21 U.S.C. 
     848(b)(2)(A)) is amended by striking ``subsection (d)(1)'' 
     and inserting ``subsection (c)(1)''.
       (f) Maritime Drug Law Enforcement Act.--(1) Section 994(h) 
     of title 28, United States Code, is amended by striking 
     ``section 1 of the Act of September 15, 1980 (21 U.S.C. 
     955a)'' each place it appears and inserting ``the Maritime 
     Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
       (2) Section 924(e) of title 18, United States Code, is 
     amended by striking ``the first section or section 3 of 
     Public Law 96-350 (21 U.S.C. 955a et seq.)'' and inserting 
     ``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 
     et seq.)''.
       (g) Section 2596 of the Crime Control Act of 1990.--Section 
     2596(d) of the Crime Control Act of 1990 is amended, 
     effective retroactively to the date of enactment of such Act, 
     by striking ``951(c)(1)'' and inserting ``951(c)(2)''.
       (h) Federal Rules of Criminal Procedure.--Rule 46(i)(1) of 
     the Federal Rules of Criminal Procedure for the United States 
     Courts is amended by striking ``18 U.S.C. Sec. 3144'' and 
     inserting ``18 U.S.C. Sec. 3142''.

     SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

       Title 18, United States Code, is amended--
       (1) in section 212 by striking ``or of any National 
     Agricultural Credit Corporation,'' and by striking ``or 
     National Agricultural Credit Corporations,'';
       (2) in section 213 by striking ``or examiner of National 
     Agricultural Credit Corporations'';
       (3) in section 709 by striking the seventh and thirteenth 
     paragraphs;
       (4) in section 711 by striking the second paragraph;
       (5) by striking section 754 and amending the chapter 
     analysis for chapter 35 by striking the item relating to 
     section 754;
       (6) in sections 657 and 1006 by striking ``Reconstruction 
     Finance Corporation,'' and striking ``Farmers' Home 
     Corporation,'';
       (7) in section 658 by striking ``Farmers' Home 
     Corporation,'';
       (8) in section 1013 by striking ``, or by any National 
     Agricultural Credit Corporation'';
       (9) in section 1160 by striking ``white person'' and 
     inserting ``non-Indian'';
       (10) in section 1698 by striking the second paragraph;
       (11) by striking sections 1904 and 1908 and amending the 
     chapter analysis for chapter 93 by striking the items 
     relating to those sections;
       (12) in section 1909 by inserting ``or'' before ``farm 
     credit examiner'' and by striking ``or an examiner of 
     National Agricultural Credit Corporations,'';
       (13) by striking sections 2157 and 2391 and amending the 
     chapter analysis for chapter 105 and for 115, respectively, 
     by striking the items relating to those sections;
       (14) in section 2257 by striking the subsections (f) and 
     (g) that were enacted by Public Law 100-690;
       (15) in section 3113 by striking the third paragraph;
       (16) in section 3281 by striking ``except for offenses 
     barred by the provisions of law existing on August 4, 1939'';
       (17) in section 443 by striking ``or (3) five years after 
     12 o'clock noon of December 31, 1946,'';
       (18) in sections 542, 544, and 545 by striking ``the 
     Philippine Islands,''; and
       (19) in section 1073--
       (A) by striking ``or which, in the case of New Jersey, is a 
     high misdemeanor under the laws of said State,''; and
       (B) by striking ``or which in the case of New Jersey, is a 
     high misdemeanor under the laws of said State,''.

     SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN 
                   CORRUPT PRACTICES ACT.

       Section 104(a)(3) of the Foreign Corrupt Practices Act of 
     1977 (15 U.S.C. 78dd-2) is amended by striking ``issuer'' and 
     inserting ``domestic concern''.

     SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 
                   U.S.C. 1116.

       Section 1116(a) of title 18, United States Code, is amended 
     by striking ``, and any such person who is found guilty of 
     attempted murder shall be imprisoned for not more than twenty 
     years''.

     SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.

       Section 1864(c) of title 18, United States Code, is amended 
     by striking ``(b) (3), (4), or (5)'' and inserting 
     ``(b)(5)''.

     SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL 
                   ERRORS.

       Title 18, United States Code, is amended--
       (1) in section 513(c)(4) by striking ``association or 
     persons'' and inserting ``association of persons'';
       (2) in section 1956(e) by striking ``Evironmental'' and 
     inserting ``Environmental'';
       (3) in section 3125--
       (A) in subsection (a)(2) by striking ``use'' and the 
     quotation mark that immediately follows it and inserting 
     ``use;'';
       (B) by realigning the matter in subsection (a)(2) that 
     begins with ``may have installed'' and ends with ``section 
     3123 of this title'' so that it is flush to the left margin; 
     and
       (C) by striking ``provider for'' and inserting ``provider 
     of'' in subsection (d);
       (4) in section 3731 by striking ``order of a district 
     courts'' and inserting ``order of a district court'' in the 
     second undesignated paragraph;
       (5) in section 151 by striking ``mean'' and inserting 
     ``means'';
       (6) in section 208(b) by inserting ``if'' after ``(4)'';
       (7) in section 209(d) by striking ``under the terms of the 
     chapter 41'' and inserting ``under the terms of chapter 41'';
       (8) in section 1014 by inserting a comma after ``National 
     Credit Union Administration Board`'; and
       (9) in section 3291 by striking ``the afore-mentioned'' and 
     inserting ``such''.

     SEC. 330009. OTHER TECHNICAL AMENDMENTS.

       (a) Section 419 of Controlled Substances Act.--Section 
     419(b) of the Controlled Substances Act (21 U.S.C. 860(b)) is 
     amended by striking ``years Penalties'' and inserting 
     ``years. Penalties''.
       (b) Section 667.--Section 667 of title 18, United States 
     Code, is amended by adding at the end the following: ``The 
     term `livestock' has the meaning set forth in section 2311 of 
     this title.''.
       (c) Section 1114.--Section 1114 of title 18, United States 
     Code, is amended by striking ``or any other officer, agency, 
     or employee of the United States'' and inserting ``or any 
     other officer or employee of the United States or any agency 
     thereof''.
       (d) Section 408 of Controlled Substances Act.--Section 
     408(q)(8) of the Controlled Substances Act (21 U.S.C. 
     848(q)(8)) is amended by striking ``applications, for writ'' 
     and inserting ``applications for writ''.

     SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.

       Title 18, United States Code, is amended--
       (1) in section 212 by striking ``218'' and inserting 
     ``213'';
       (2) in section 1917--
       (A) by striking ``Civil Service Commission'' and inserting 
     ``Office of Personnel Management''; and
       (B) by striking ``the Commission'' in paragraph (1) and 
     inserting ``such Office'';
       (3) by transferring the subchapter analysis for each 
     subchapter of each of chapters 227 and 229 to follow the 
     heading of that subchapter;
       (4) so that the heading of section 1170 reads as follows:

     ``Sec. 1170. Illegal trafficking in Native American human 
       remains and cultural items'';

       (5) so that the item relating to section 1170 in the 
     chapter analysis for chapter 53 reads as follows:

``1170. Illegal trafficking in Native American human remains and 
              cultural items.'';

       (6) in section 3509(a) by striking paragraph (11) and 
     redesignating paragraphs (12) and (13) as paragraphs (11) and 
     (12), respectively;
       (7) in section 3509--
       (A) by striking ``subdivision'' each place it appears and 
     inserting ``subsection''; and
       (B) by striking ``government'' each place it appears and 
     inserting ``Government'';
       (8) in section 2252(a)(3)(B) by striking ``materails'' and 
     inserting `` materials'';
       (9) in section 14 by striking ``45,'' and ``608, 611, 
     612,'';
       (10) in section 3059A--
       (A) in subsection (b) by striking ``this subsection'' and 
     inserting ``subsection''; and
       (B) in subsection (c) by striking ``this subsection'' and 
     inserting ``subsection'';
       (11) in section 1761(c)--
       (A) by striking ``and'' at the end of paragraph (1);
       (B) by inserting ``and'' at the end of paragraph (3); and
       (C) by striking the period at the end of paragraph (2)(B) 
     and inserting a semicolon;
       (12) in the chapter analysis for chapter 11--
       (A) in the item relating to section 203 by inserting a 
     comma after ``officers'' and by striking the comma after 
     ``others''; and
       (B) in the item relating to section 204 by inserting 
     ``the'' before ``United States Court of Appeals for the 
     Federal Circuit'';
       (13) in the chapter analysis for chapter 23, in the item 
     relating to section 437, by striking the period immediately 
     following ``Indians'';
       (14) in the chapter analysis for the beginning of chapter 
     25, in the item relating to section 491, by striking the 
     period immediately following ``paper used as money'';
       (15) in section 207(a)(3) by striking ``Clarification of 
     Restrictions'' and inserting ``Clarification of 
     restrictions'';
       (16) in section 176 by striking ``the government'' and 
     inserting ``the Government'';
       (17) in section 3059A(e)(2)(iii) by striking ``backpay'' 
     and inserting ``back pay''; and
       (18) by adding a period at the end of the item relating to 
     section 3059A in the chapter analysis for chapter 203.

     SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR 
                   AMENDMENTS.

       (a) Incorrect Reference.--Section 2587(b) of Public Law 
     101-647 is amended, effective as of the date on which that 
     section took effect, by striking ``The chapter heading for'' 
     and inserting ``The chapter analysis for''.
       (b) Lack of Punctuation in Stricken Language.--Section 
     46(b) of the Criminal Law and Procedure Technical Amendments 
     Act of 1986 is amended, effective as of the date on which 
     that section took effect, so that--
       (A) in paragraph (1), the matter proposed to be stricken 
     from the beginning of section 201(b) of title 18, United 
     States Code, reads ``(b) Whoever, directly''; and
       (B) in paragraph (2), a comma, rather than a semicolon, 
     appears after ``his lawful duty'' in the matter to be 
     stricken from paragraph (3) of section 201(b) of that title.
       (c) Biological Weapons.--(1) Section 3(b) of the Biological 
     Weapons Anti-Terrorism Act of 1989 is amended, effective as 
     of the date on which that section took effect, by striking 
     ``2516(c)'' and inserting ``2516(1)(c)''.
       (2) The item in the part analysis for part I of title 18, 
     United States Code, that relates to chapter 10 is amended by 
     striking ``Weapons'' and inserting ``weapons''.
       (d) Placement of New Section.--Section 404(a) of Public Law 
     101-630 is amended, effective on the date such section took 
     effect, by striking ``adding at the end thereof'' each place 
     it appears and inserting ``inserting after section 1169''.
       (e) Elimination of Erroneous Characterization of Matter 
     Inserted.--Section 225(a) of Public Law 101-647 is amended, 
     effective as of the date on which that section took effect, 
     by striking ``new rule''.
       (f) Clarification of Placement of Amendment.--Section 
     1205(c) of Public Law 101-647 is amended, effective as of the 
     date on which that section took effect, by inserting ``at the 
     end'' after ``adding''.
       (g) Elimination of Duplicate Amendment.--Section 1606 of 
     Public Law 101-647 (amending section 1114 of title 18, United 
     States Code) is repealed effective as of the date of 
     enactment of that section.
       (h) Error in Amendment Phrasing.--Section 3502 of Public 
     Law 101-647 is amended, effective as of the date on which 
     that section took effect, by striking ``10'' and inserting 
     ``ten''.
       (i) Clarification that Amendments Were to Title 18.--
     Sections 3524, 3525, and 3528 of Public Law 101-647 are each 
     amended, effective as of the date on which those sections 
     took effect, by inserting ``of title 18, United States Code'' 
     before ``is amended''.
       (j) Correction of Paragraph Reference.--Section 3527 of 
     Public Law 101-647 is amended, effective as of the date on 
     which that section took effect, by striking ``4th'' and 
     inserting ``5th''.
       (k) Repeal of Obsolete Technical Correction to Section 
     1345.--Section 3542 of Public Law 101-647 is repealed, 
     effective as of the date of its enactment.
       (l) Repeal of Obsolete Technical Correction to Section 
     1956.--Section 3557(2)(E) of Public Law 101-647 is repealed, 
     effective as of the date of its enactment.
       (m) Clarification of Placement of Amendments.--Public Law 
     101-647 is amended, effective as of the date of its 
     enactment--
       (1) in section 3564(1) by inserting ``each place it 
     appears'' after the quotation mark following ``2251'' the 
     first place it appears; and
       (2) in section 3565(3)(A) by inserting ``each place it 
     appears'' after the quotation mark following ``subchapter''.
       (n) Correction of Word Quoted in Amendment.--Section 
     3586(1) of Public Law 101-647 is amended, effective as of the 
     date on which that section took effect, by striking ``fines'' 
     and inserting ``fine''.
       (o) Elimination of Obsolete Technical Amendment to Section 
     4013.--Section 3599 of Public Law 101-647 is repealed, 
     effective as of the date of its enactment.
       (p) Correction of Directory Language.--Section 3550 of 
     Public Law 101-647 is amended, effective as of the date on 
     which that section took effect, by striking ``not more 
     than''.
       (q) Repeal of Duplicate Provisions.--(1) Section 3568 of 
     Public Law 101-647 is repealed, effective as of the date on 
     which that section took effect.
       (2) Section 1213 of Public Law 101-647 is repealed, 
     effective as of the date on which that section took effect.
       (r) Correction of Words Quoted in Amendment.--Section 
     2531(3) of Public Law 101-647 is amended, effective as of the 
     date on which that section took effect, by striking 
     ``1679(c)(2)'' and inserting ``1679a(c)(2)''.
       (s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is 
     amended, effective as of the date on which that section took 
     effect--
       (A) by inserting a comma after ``, 5316''; and
       (B) by inserting ``the first place it appears'' after the 
     quotation mark following ``5313(a)''.
       (2) Section 2525(a)(2) of Public Law 101-647 is amended, 
     effective as of the date on which that section took effect, 
     by striking ``108(3)'' and inserting ``2508(3)''.

     SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO 
                   ELIMINATE DUPLICATE PREDICATE CRIMES.

       Section 1956 of title 18, United States Code, is amended in 
     subsection (c)(7)(E), by striking the period that follows a 
     period.

     SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.

       Part V of title 18, United States Code, is amended--
       (1) by inserting after the heading for that part the 
     following:
                 ``CHAPTER 601--IMMUNITY OF WITNESSES'';
       (2) in section 6001(1)--
       (A) by striking ``Atomic Energy Commission'' and inserting 
     ``Nuclear Regulatory Commission''; and
       (B) by striking ``the Subversive Activities Control 
     Board,''
       (3) by striking ``part'' the first place it appears and 
     inserting ``chapter''; and
       (4) by striking ``part'' each other place it appears and 
     inserting ``title''.

     SEC. 330014. UPDATE OF CROSS REFERENCE.

       Section 408(n)(11) of the Controlled Substances Act is 
     amended by striking ``section 405'' and inserting ``section 
     418''.

     SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.

       Section 1904 of Public Law 101-647 is amended, effective as 
     of the date on which that section took effect, by striking 
     ``by inserting a new subsection (e) as follows'' and 
     inserting ``so that subsection (e) reads as follows''.

     SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE 
                   AMOUNTS IN OFFENSES UNDER TITLE 18.

       Title 18, United States Code, is amended--
       (1)(A) in sections 1693, 1694, 1695, and 1696 by striking 
     ``not more than $50'' and inserting ``under this title'';
       (B) in sections 333, 489, 754, 1303, 1699, 1701, 1703, 
     1710, 1723, 1726, 1730, and 2390 by striking ``not more than 
     $100'' and inserting ``under this title'';
       (C) in sections 1697 and 1698 by striking ``not more than 
     $150'' and inserting ``under this title'';
       (D) in sections 1165 and 2279 by striking ``not more than 
     $200'' and inserting ``under this title'';
       (E) in sections 701, 702, 703, 704, 705, 706, 707, 708, 
     710, 711, 711a, 713, 715, 1164, and 1858 by striking ``not 
     more than $250'' each place it appears and inserting ``under 
     this title'';
       (F) in sections 916, 1501, 1502, 1719, 1725, and 1861 by 
     striking ``not more than $300'' and inserting ``under this 
     title'';
       (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 
     336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 
     1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 
     1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 
     1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by 
     striking ``not more than $500'' each place it appears and 
     inserting ``under this title'';
       (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 
     439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 
     594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 
     647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 
     659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 
     844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 
     961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 
     1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 
     1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 
     1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, 
     and 2389 by striking ``not more than $1,000'' each place it 
     appears and inserting ``under this title'';
       (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 
     1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 
     1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, 
     and 2424 by striking ``not more than $2,000'' each place it 
     appears and inserting ``under this title'';
       (J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 
     1959 by striking ``not more than $3,000'' and inserting 
     ``under this title'';
       (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 
     285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 
     481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 
     543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 
     603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 
     844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 
     956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 
     1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 
     1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 
     1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 
     1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 
     1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 
     2244, 2314, 2316, 2317, 2344, and 2701 by striking ``not more 
     than $5,000'' each place it appears and inserting ``under 
     this title'';
       (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 
     335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 
     595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 
     844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 
     967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 
     1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 
     1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 
     1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 
     2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 
     2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking 
     ``not more than $10,000'' each place it appears and inserting 
     ``under this title'';
       (M) in section 1028 by striking ``not more than $15,000'' 
     and inserting ``under this title'';
       (N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and 
     2385 by striking ``not more than $20,000'' each place it 
     appears and inserting ``under this title'';
       (O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and 
     2118 by striking ``not more than $25,000'' each place it 
     appears and inserting ``under this title'';
       (P) in section 2118 by striking ``not more than $35,000'' 
     and inserting ``under this title'';
       (Q) in sections 1365, 1958, and 2118 by striking ``not more 
     than $50,000'' and inserting ``under this title'';
       (R) in section 951 by striking ``not more than $75,000'' 
     and inserting ``under this title'';
       (S) in sections 32, 1167, 1365, 2251, and 2344 by striking 
     ``not more than $100,000'' each place it appears and 
     inserting ``under this title'';
       (T) in section 2251 by striking ``not more than $200,000'' 
     and inserting ``under this title''; and
       (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, 
     and 2701 by striking ``not more than $250,000'' and inserting 
     ``under this title'';
       (2)(A) in sections 3 and 373 by inserting 
     ``(notwithstanding section 3571)'' before ``fined not more 
     than one-half'';
       (B) in section 113 by striking ``fine of not more than'' 
     through the immediately following dollar amount each place it 
     appears and inserting ``a fine under this title'';
       (C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by 
     striking ``of not more than'' through the immediately 
     following dollar amount each place it appears and inserting 
     ``under this title'';
       (D) in section 201 by inserting ``under this title or'' 
     after ``be fined''; and by inserting ``whichever is 
     greater,'' before ``or imprisoned'';
       (E) in section 402 by striking ``fine'' the first place it 
     appears and inserting ``a fine under this title'';
       (F) in section 443 by striking ``shall, if a corporation, 
     be fined not more than $50,000, and, if a natural person, be 
     fined not more than $10,000'' and inserting ``shall be fined 
     under this title'';
       (G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 
     652, 653, and 1711 by inserting ``under this title or'' after 
     ``be fined'' the first place it appears; and by inserting ``, 
     whichever is greater,'' before ``or imprisoned the first 
     place it appears;
       (H) in sections 646 and 654 by inserting ``under this title 
     or'' after ``be fined'' the first place it appears; and by 
     inserting ``whichever is greater,'' before ``or imprisoned'' 
     the first place it appears;
       (I) in section 1029 by striking ``of not more than'' 
     through the immediately following dollar amount each place it 
     appears and inserting ``under this title''; and by inserting 
     ``, whichever is greater,'' before ``or imprisonment'' each 
     place it appears;
       (J) in section 2381 by inserting ``under this title but'' 
     before ``not less than $10,000''; and
       (K) in section 3146(b)(1)(A)(iv) by striking ``fine under 
     this chapter'' and inserting ``fined under this title''.

     SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.

       (a) Title 31, U.S.C., Amendments.--
       (1) Section 5321(a)(5)(A) of title 31, United States Code, 
     is amended by inserting ``any violation of'' after 
     ``causing''.
       (2) Section 5324(a) of title 31, United States Code, is 
     amended--
       (A) by striking ``section 5313(a), section 5325, or the 
     regulations issued thereunder or section 5325 or regulations 
     prescribed under such section 5325'' each place it appears 
     and inserting ``section 5313(a) or 5325 or any regulation 
     prescribed under any such section''; and
       (B) by striking ``with respect to such transaction''.
       (b) Amendment Relating to Title 31, U.S.C.--
       (1) Effective as of the date of enactment of the Annunzio-
     Wylie Anti-Money Laundering Act, section 1517(b) of that Act 
     is amended by striking ``5314'' and inserting ``5318''.
       (2) Section 5239 of the Revised Statutes of the United 
     States is amended by redesignating the second subsection (c) 
     (as added by section 1502(a) of the Annunzio-Wylie Anti-Money 
     Laundering Act) as subsection (d).

     SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND 
                   TRANSFER OF CHILD ABUSE STATUTE OF LIMITATION.

       (a) In General.--Section 3283 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3283. Child abuse offenses

       ``No statute of limitations that would otherwise preclude 
     prosecution for an offense involving the sexual or physical 
     abuse of a child under the age of 18 years shall preclude 
     such prosecution before the child reaches the age of 25 
     years.''.
       (b) Conforming Repeal.--Section 3509(k) of title 18, United 
     States Code, is amended by striking the subsection heading 
     and the first sentence and inserting ``Stay of Civil 
     Action.--''.
       (c) Technical Amendment.--The item in the chapter analysis 
     for chapter 213 of title 18, United States Code, that relates 
     to section 3283 is amended to read as follows:

``3283. Child abuse offenses.''.

     SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.

       (a) Technical Corrections.--Section 1956 of title 18, 
     United States Code, is amended--
       (1) in subsection (c)(7)(B)(iii) by inserting a close 
     parenthesis after ``1978'';
       (2) by redesignating the second subsection (g) as 
     subsection (h); and
       (3) in subsection (a)(2) by inserting ``not more than'' 
     before ``$500,000''.
       (b) Cross Reference Correction.--Section 1956(c)(7)(D) of 
     title 18, United States Code, is amended by striking 
     ``section 9(c) of the Food Stamp Act of 1977'' and inserting 
     ``section 15 of the Food Stamp Act of 1977''.

     SEC. 330020. TECHNICAL ERROR.

       Section 1957(f)(1) of title 18, United States Code, is 
     amended by striking the comma that follows a comma.

     SEC. 330021. CONFORMING SPELLING OF VARIANTS OF ``KIDNAP''.

       Title 18, United States Code, is amended--
       (1) by striking ``kidnaping'' each place it appears and 
     inserting ``kidnapping''; and
       (2) by striking ``kidnaped'' each place it appears and 
     inserting ``kidnapped''.

     SEC. 330022. MARGIN ERROR.

       Section 2512(2) of title 18, United States Code, is amended 
     by realigning the matter that begins with ``to send through'' 
     and ends with ``electronic communications'' so that it is 
     flush to the left margin.

     SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF 
                   TITLE 18, UNITED STATES CODE.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended--
       (1) in the chapter analysis so that the item relating to 
     section 248 reads as follows:

``248. Freedom of access to clinic entrances.'';

       (2) so that the heading of section 248 reads as follows:

     ``Sec. 248. Freedom of access to clinic entrances''; and

       (3) in section 248(b) by inserting ``, notwithstanding 
     section 3571,'' before ``be not more than $25,000''.
       (b) Effective Date.--The amendments made by this subsection 
     (a) shall take effect on the date of enactment of the Freedom 
     of Access to Clinic Entrances Act of 1994.

     SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE 
                   ENACTMENT OF THE DOMESTIC CHEMICAL DIVERSION 
                   CONTROL ACT OF 1993.

       (a) Missing conjunction.--Section 102(39)(A)(iv) of the 
     Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is 
     amended by striking the period at the end and inserting ``; 
     or''.
       (b) Punctuation and Indentation Correction.--Section 
     102(34) of the Controlled Substances Act is amended--
       (1) by moving subparagraphs (V) and (W) two ems toward the 
     left margin;
       (2) in subparagraph (V) by striking ``b'' and inserting 
     ``B''; and
       (3) in subparagraph (W) by striking ``n'' the first place 
     it appears and inserting ``N''.
       (c) Erroneous Cross References.--
       (1) Section 5(a) of the Domestic Chemical Diversion Control 
     Act of 1993 is amended by striking ``section 1505(a)'' and 
     inserting ``section 4''.
       (2) Section 9(b) of the Domestic Chemical Diversion Control 
     Act of 1993 is amended by striking ``Controlled Substances 
     Act'' and inserting ``Controlled Substances Import and Export 
     Act''.
       (d) Correction of Amendatory Language.--
       (1) Section 2(a)(4)(B) of the Domestic Chemical Diversion 
     Control Act of 1993 is amended by inserting ``the first place 
     it appears'' before the semicolon.
       (2) Section 5(b)(3) of the Domestic Chemical Diversion 
     Control Act of 1993 is amended by striking ``at the end'' and 
     inserting ``after paragraph (4)''.
       (e) Missing Conforming Amendment.--Section 304(g) of the 
     Controlled Substances Act is amended by inserting ``or 
     chemical'' after ``such substance'' in the last sentence.
       (f) Effective Date.--The amendments made by this section 
     shall take effect as of the date that is 120 days after the 
     date of enactment of the Domestic Chemical Diversion Control 
     Act of 1993.

     SEC. 330025. VICTIMS OF CRIME ACT.

       (a) Incorrect Section Reference.--Section 1402(d)(3) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is 
     amended by striking ``1404(a)'' and inserting ``1404A''.
       (b) Missing Text.--Section 1403(b)(1) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended by 
     inserting after ``domestic violence'' the following: ``for--
       ``(A) medical expenses attributable to a physical injury 
     resulting from compensable crime, including expenses for 
     mental health counseling and care;
       ``(B) loss of wages attributable to a physical injury 
     resulting from a compensable crime; and
       ``(C) funeral expenses attributable to a death resulting 
     from a compensable crime''.
       And the House agree to the same.
       That the Senate recede from its disagreement to the 
     amendment of the House to the title of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the 
     amendment of the House to the title of the bill, insert the 
     following: ``An Act to control and prevent crime.''.
       And the House agree to the same.
     Jack Brooks,
     Don Edwards,
     Bill Hughes,
     Charles Schumer,
     John Conyers,
     Pat Schroeder,
     Barney Frank,
     Michael N. Castle,
     As additional conferees from the Committee on Agriculture, 
     for consideration of sections 4601-08, 5105, and 5145 of the 
     Senate amendment, and modifications committed to conference:
     E de la Garza,
     Charlie Rose,
     Charlie Stenholm,
     Pat Roberts,
     Richard Pombo,
     As additional conferees from the Committee on Banking, 
     Finance and Urban Affairs, for consideration of sections 
     2201-04, 2301, and 4901-33 of the Senate amendment, and 
     sections 1031(b), 1038, and 1099AA-1099CC of the House 
     amendment, and modifications committed to conference:
     Henry Gonzalez,
     Stephen Neal,
     Bruce F. Vento,
     As additional conferees from the Committee on Education and 
     Labor, for consideration of sections 631-33, 662(e), 662(f), 
     811-16, 921-28, 1121-50, 1331, 2801-03, 3261, 3263, 3311, 
     3341, 3351, 3361, 3381-83, 3501, 3707, 4001-09, 4301-04, 
     4701-02, 4801-09, 4901-33, 5120, 5122, 5135, 5140, 5142-43, 
     and 5147 of the Senate amendment, and sections 1010-26, 1030-
     34, 1038, 1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-
     1099O, 1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f), 
     2201-02, 2701-39, 3061-62, 3089-90, of the House amendment, 
     and modifications committed to conference:
     William D. Ford,
     Dale E. Kildee,
     As additional conferees from the Committee on Energy and 
     Commerce, for consideration of sections 1503-04, 1511-23, 
     1532, 1534-35, 1537, 1902(e), 3101-03, 3261, and 5166 of the 
     Senate amendment, and sections 1010-26, 1041-44, 1606, 2901-
     03, and 3086 of the House amendment, and modifications 
     committed to conference:
     John D. Dingell,
     Henry A. Waxman,
     Cardiss Collins,
     As additional conferees from the Committee on Government 
     Operations, for consideration of sections 1353-54, 1535, and 
     5150 of the Senate amendment, and sections 1075-76 of the 
     House amendment, and modifications committed to conference:

     Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr. 
     Waxman and Mr. Clinger solely for the consideration of 
     sections 1535 and 5150 of the Senate amendment.
     John M. Spratt, Jr.,
     As additional conferees from the Committee on Merchant Marine 
     and Fisheries, for consideration of sections 713-15, 4601-08, 
     5105, and 5145 of the Senate amendment, and modifications 
     committed to conference:
     Gary E. Studds,
     George Hochbrueckner,
     As additional conferees from the Committee on Natural 
     Resources, for consideration of sections 3232-33, 4601-08, 
     and 5145 of the Senate amendment and sections 1099U-1099Z of 
     the House amendment, and modifications committed to 
     conference:
     George Miller,
     Bruce Vento,
     Karen Shepherd,
     Don Young,
     Provided, Ms. English of Arizona is appointed in lieu of Ms. 
     Shepherd solely for the consideration of sections 4601-08 of 
     the Senate amendment.
     Karen English,
     Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd 
     solely for the consideration of sections 1099U-1099Z of the 
     House amendment.
     Maurice Hinchey,
     As additional conferees from the Committee on Post Office and 
     Civil Service, for consideration of sections 1352 and 3371 of 
     the Senate amendment, and modifications committed to 
     conference:
     William Clay,
     Frank McCloskey,
     Eleanor H. Norton,
     Constance Morella,
     As additional conferees from the Committee on Public Works 
     and Transportation, for consideration of sections 1533, 1536, 
     and 3231 of the Senate amendment, and section 1801 of the 
     House amendment and modifications committed to conference:
     Norman Y. Mineta,
     Nick Rahall,
     Bud Shuster,
     Thomas E. Petri,
     As additional conferees from the Committee on Rules, for 
     consideration of sections 1353-54 of the Senate amendment, 
     and modifications committed to conference:
     Butler Derrick,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of sections 311(b), 1502, 1515-16, 1802, 
     4702(e)(1), 5102, and 5113 of the Senate amendment, and 
     modifications committed to conference:
     Dan Rostenkowski,
     Sam Gibbons,
     J.J. Pickle,
                                Managers on the Part of the House.

     Joseph R. Biden, Jr.,
     Ted Kennedy,
     Howard Metzenbaum,
     Dennis DeConcini,
     Pat Leahy,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (H.R. 3355), 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, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:

                  TITLE I--PUBLIC SAFETY AND POLICING

       House sections 1401-02 recede to Senate sections 101-02 and 
     that portion of section 103 dealing with ``Cops on the Beat'' 
     with the following modifications: the minimum amount for each 
     qualified State is 0.5 percent; all applications will be 
     direct to the Attorney General with special provisions for 
     expedited submission and approval of applications from 
     America's small jurisdictions as well as for small grants for 
     non-police hiring; cost per police officer shall be limited 
     to $75,000 which may be expended for periods up to five 
     years; hiring funds may also be used to train new career law 
     enforcement officers for community policing; 50 percent of 
     the monies must be granted to jurisdictions with populations 
     over 150,000, the remaining 50 percent must be allocated to 
     jurisdictions with populations of 150,000 or less; the 
     addition of the House provision regarding coordination of 
     other Federal programs; a revised minority recruitment 
     section; the addition of Indian tribal governments; and other 
     modifications.
       The Conferees are particularly concerned about those areas 
     where members of racial and ethnic minority groups and women 
     are highly under-represented in the law enforcement agency's 
     sworn positions. The Conferees encourage the Attorney General 
     to review this matter carefully in the applications from such 
     areas.
       One of the modifications permits additional flexibility in 
     the use of grant funds. The Conferees were informed that, in 
     some police departments, payment of overtime or purchase of 
     computers or other technology or the employment of support 
     personnel will enable officers to be deployed, or redeployed 
     from non-patrol assignments, to community-oriented policing 
     assignments. The additional flexibility is intended to 
     achieve that goal.
       Thus, in addition to the use of grant funds pursuant to 
     1701(b) to hire or rehire police officers, a limited amount 
     of such funds can be used for the payment of overtime or 
     procurement of equipment, technology or support systems or 
     support personnel, provided that expenditures for such 
     purposes enable additional officers to be deployed to 
     community-oriented policing assignments. The Conferees also 
     note that, in appropriate circumstances, the permissible uses 
     of the funding pursuant to section 1701(d) could also include 
     payment for overtime.
       The Conferees intend that the Attorney General, in awarding 
     grants that will be used for redeployment purposes, take into 
     consideration the extent to which police departments are 
     committed to consultation about such redeployment with 
     representatives of local labor organizations that represent 
     police officers.
       The Conferees also note Congress has found with regard to 
     this title that: (1) according to data compiled by the 
     Federal Bureau of Investigation, in 1961, there was 
     approximately 1 reported violent crime per city police 
     officer; but, while from 1961-1991 there was no substantial 
     increase in United States cities' police employment rate, 
     during the same period the number of reported violent crimes 
     per city police officer rose to approximately 4.6 per 
     officer; (2) National Crime Survey figures indicate that 
     nearly 5,000,000 households in the United States had at least 
     1 member who had been a victim of violent crime during 1991; 
     (3) these victims of violence experienced more than 6,400,000 
     crimes of which about one-half were reported to law 
     enforcement authorities; (4) community-oriented policing 
     (``cops on the beat'') enhances communication and cooperation 
     between law enforcement and members of the community; (5) 
     such communication and cooperation between law enforcement 
     and members of the community significantly assists in 
     preventing and controlling crime and violence, thus enhancing 
     public safety; and (6) while increasing and maintaining 
     police resources and presence in the community are the long-
     term responsibility of State and local governments, State and 
     local law enforcement agencies are in need of immediate 
     assistance to begin the process of rehiring officers who have 
     been laid off for budgetary reasons and hiring new, 
     additional officers to assist in the implementation of 
     community-oriented policing.

                           TITLE II--PRISONS

  Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

       Senate sections 1321 and 1341 recede to House sections 601-
     05 and 801-04 with modifications.

               Subtitle B--Punishment for Young Offenders

       Senate section 1203, Certainty of Punishment for Young 
     Offenders, recedes to House sections 2101-03 with 
     modifications.

                    Subtitle C--Alien Incarceration

       Senate section 5136, reimbursement for the costs of 
     incarcerating criminal illegal aliens, recedes to House 
     section 2403 with modifications to change the compensation 
     criteria and funding provision.

                       Subtitle D--Miscellaneous

       Section 20401--House recedes to Senate section 1301, 
     offender's place of imprisonment.
       Section 20402--House recedes to Senate section 1302, prison 
     impact statements, with modification.
       Section 20403--House recedes to Senate section 1305, 
     criminal fines to account for the cost of imprisonment.
       Section 20404--House recedes to Senate section 1325, 
     supervised release pertaining to probation or parole.
       Section 20405--House recedes to Senate section 5101, ``good 
     time credits,'' with modification.
       Sections 20406-07--House section 3046 recedes to Senate 
     section 5107, task force on prison design and construction 
     and section 5112, encouraging and assessing low-cost 
     construction components, with modifications. The Conferees 
     note the sense of Congress that, in providing assistance to 
     State and local governments, the Attorney General should 
     emphasize the provision to technical assistance in 
     implementing methods to promote cost efficiency and 
     realization of savings.
       Section 20408--House recedes to Senate section 5120, panel 
     of correctional educational experts, with modification.
       Section 20409--House section 3080, prison overcrowding, 
     recedes to Senate section 5139. The Conferees note that this 
     section has no effect on the certification or success of 
     class action lawsuits.
       Section 20410--House recedes to Senate section 5149, Sense 
     of Senate regarding prison facilities in Lorton, with 
     technical modifications.
       Section 20411--Senate section 5135, Pell grants, recedes to 
     House section 3089.
       Section 20412--Senate recedes to House section 3095, 
     requiring prisoners to earn a high school diploma or G.E.D., 
     with modifications.
       Section 20413--Senate recedes to House section 3021 with 
     modifications to delete subsection (c), remove limit on 
     facilities suitable for conversion, and conforming 
     modifications.
       Section 20414--House recedes to Senate section 1303 with 
     modification.
       Section 20415--House recedes to Senate section 1801-02, 
     Bail Posting Reporting, with modifications to the reporting 
     requirements regarding the Internal Revenue Service.
       Section 20416--House sections 3070-74, Civil Rights of 
     Institutionalized Persons, recede to Senate section 5103 with 
     modification to change subsection (b) to conform with current 
     law.
       Section 20417--House recedes to Senate section 1324, 
     notification of release of prisoners, with modification to 
     lodge responsibility in the appropriate Federal entity.
       Section 20418--House recedes to Senate sections 4701-02, 
     Correctional Job Training and Placement, with technical 
     modification. The Conferees note with respect to this 
     provision Congress finds that job training and placement are 
     important to, and make a significant contribution to, the 
     readjustment to society of incarcerated persons and ex-
     offenders; and there is a growing need for immediate action 
     by the Federal Government to assist State and local job 
     training programs, and job placement programs, that provide 
     services to incarcerated persons or ex-offenders.
       Senate section 1322, NIJ study of inmate transfers, recedes 
     to House.
       Senate section 1323, NIJ study of recidivism rates, recedes 
     to House.
       Senate section 5125, use of anti-loitering laws, recedes to 
     House.
       Senate section 5113 recedes to House.
       Senate section 5138, improvement of Federal and State 
     fingerprinting systems, recedes to House.
       Senate section 5153, Sense of Senate regarding Federal 
     Prison Industries, recedes to House.
       Senate section 5165, reviewing capacity of Federal prisons 
     to accommodate State prisoners, recedes to House.
       House section 3066, strength training in prisons, recedes 
     to Senate.
       It is the intent of the Conferees that, with the exception 
     of Subtitle B of Title II (which provides for correctional 
     programming for offenders up to the age of 22), all programs 
     and activities for juvenile offenders funded under this 
     legislation shall be carried out in a manner consistent with 
     the mandates of the Juvenile Justice and Delinquency 
     Prevention Act (42 U.S.C. Sec. 5600 et seq.).

                      TITLE III--CRIME PREVENTION

                Subtitle A--Ounce of Prevention Council

       Section 30101--House section 1010 recedes to Senate section 
     103, Ounce of Prevention, with modifications including to: 
     (1) give President the authority to designate chair, (2) give 
     authority to the Council to coordinate any program under the 
     bill, but only at the request of the Council member with 
     jurisdiction over the program; (3) revise Council's 
     administrative responsibilities or powers; (4) revise 
     evaluation component.
       The Conferees note the work of the National Crime 
     Prevention Council, which serves as a resource center for the 
     prevention of crime, violence, and substance abuse. Such work 
     is reflected in the design of a variety of programs in this 
     bill.
       Section 30102-04--Senate recedes to House section 1011 with 
     modifications.

         Subtitle B--Local Crime Prevention Block Grant Program

       Section 30201-08--Conferees consolidate various House and 
     Senate crime prevention programs in a Local Crime Prevention 
     Block Grant Program. The Attorney General is to allocate 
     funds directly to units of local government based on the 
     number of violent crimes and at-risk children. Funds are 
     permitted to be used to carry out one or more of the purposes 
     of the following House and Senate provisions: Senate section 
     633, Youth Development Centers; Senate section 5143, Olympic 
     Youth Development Centers; Senate section 631, Juvenile Drug 
     and Gang Prevention Grants; Senate sections 4001-09, Child 
     Safety; House sections 1065-71, National Triad Program; House 
     sections 1099I-990, Gang Prevention Services for Boys and 
     Girls; House sections 1081-96, Youth Employment and Skills 
     Crime Prevention; House section 1038, Midnight Sports; House 
     sections 1099P-99T, Anti-Crime Youth Councils; House sections 
     1099A-99C, Boys and Girls Clubs in Public Housing; House 
     sections 1099B-99G, Hope in Youth; House proposal regarding 
     Safe Senior Corridors; and House sections 1030-34, Police 
     Partnerships and Safe Low Income Housing.


                              Child Safety

       The Conferees note that the problem of family violence does 
     not necessarily cease when the victimized family is legally 
     separated, divorced, or otherwise not sharing a household. 
     During separation and divorce, family violence often 
     escalates, and child custody and visitation become the new 
     forum for the continuation of abuse. Some perpetrators use 
     the children as pawns to control the abused party after the 
     couple is separated. Every year an estimated 1,000 to 5,000 
     children are killed by their parents in the United States. In 
     1988, the Department of Justice reported that 354,100 
     children were abducted by family members who violated custody 
     agreements or decrees (most victims were children from ages 2 
     to 11 years). Approximately 160,000 children are seriously 
     injured or impaired by abuse or neglect each year. Studies by 
     the American Humane Association indicate that reports of 
     child abuse and neglect have increased by over 200 percent 
     from 1976 to 1986; approximately 90 percent of children in 
     homes in which their mothers are abused witness the abuse. 
     Data indicates that women and children are at elevated risk 
     for violence during the process of and after separation; and 
     50 to 70 percent of men who abuse their spouses or partners 
     also abuse their children. Up to 75 percent of all domestic 
     assaults reported to law enforcement agencies were inflicted 
     after the separation of the couples; in one study of spousal 
     homicide, over half of the male defendants were separated 
     from their victims, seventy-three percent of battered women 
     seeking emergency medical services do so after separation.


                            The Triad Model

       The Conferees note that Triad cooperative models are 
     sponsored by the National Sheriff's Association (NSA), the 
     International Association of Chiefs of Police (IACP), and the 
     American Association of Retired Persons (AARP).
       The Conferees also note that older Americans are among the 
     most rapidly growing segments of our society; 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; older 
     Americans find themselves uniquely situated in the society, 
     environmentally and physically; 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; 
     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; older Americans are too frequently 
     the victims of abuse and neglect, violent crime, property 
     crime, consumer fraud, medical quackery, and confidence 
     games; studies have found that older Americans who are 
     victims of violent crime are more likely to be injured and 
     require medical attention than are younger victims; 
     victimization data on crimes against older Americans are 
     incomplete and out of date, and data sources are partial, 
     scattered, and not easily obtained; 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; 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; many law enforcement agencies do not have model 
     practices for responding to the criminal abuse of older 
     Americans; law enforcement officers and social service 
     providers come from different disciplines and frequently 
     bring different perspectives to the problem of crimes against 
     older Americans; the differences in approaches can inhibit a 
     genuinely effective response; 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; 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; 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 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.


              Gang Prevention Services For Boys and Girls

       The Conferees note that services provided through existing 
     federally supported gang prevention programs do not 
     adequately address the needs of boys and girls in communities 
     with high levels of gang activity and other barriers to 
     service (such as large concentrations of minority populations 
     who have limited English speaking proficiency, geographically 
     isolated populations, and communities in which social service 
     providers are limited or nonexistent); children who 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 who are never exposed to 
     such activity; gangs are increasingly targeting younger 
     children for recruitment, especially children at middle 
     schools and elementary schools; Federal studies indicate that 
     violent crime has increased more significantly in the gang 
     population compared to the adult population; and 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.


                             Hope In Youth

       The Conferees note that larger cities around the country, 
     particularly those involved in empowerment zones, are 
     attempting to empower low-income and ethnic minority 
     communities; programs that involve local government and local 
     community leaders and that 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; 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; 
     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.


                          Police Partnerships

       The Conferees note that homicide is the second leading 
     cause of juvenile injury deaths for all youth 15 to 24 years 
     of age. Homicide rates for children and youth have more than 
     doubled since 1950. Teenagers are more than twice as likely 
     as adults to be victims of violent crime, such as rape, 
     robbery or assault. Physical fighting severe enough to 
     require medical treatment for at least one participant occurs 
     among high school students in patterns similar to those of 
     homicide. The incidence rates of such physical fighting are 
     higher for males than females, higher for minorities than for 
     nonminorities, and more frequent between acquaintances than 
     among strangers. Children increasingly live amidst chronic 
     community violence and experience trauma as a result of such 
     violence. One survey of inner-city children 6 to 10 years of 
     age found that over 90 percent had witnessed some type of 
     violence. A Chicago housing project survey found that 
     virtually all children in such survey had firsthand 
     experiences with shootings by the age of 5. Children who have 
     been the victims of, or who have witnessed violence, are at 
     risk of becoming involved in further violence if the trauma 
     such children have experienced is not addressed. Police 
     frequently encounter children who have been the victims of 
     violence or who have witnessed violence in the course of the 
     police work, but the police often lack the resource necessary 
     to adequately respond to such children's needs. Child and 
     family service agencies have expertise in child development 
     and family issues that could support police efforts. 
     Community-based police, by their visibility at the 
     neighborhood level and their engagement in benign activities, 
     can provide role models and resources to promote the well-
     being of children and families, as well as to identify and 
     refer those at risk for behavioral problems.

               Subtitle C--Model Intensive Grant Programs

       Senate recedes to House sections 1001-07, Model Intensive 
     Grants, with modifications to add a provision ensuring 
     equitable distribution of grants; to include a definition of 
     the term ``State''; and to permit consultation with the Ounce 
     of Prevention Council.

    Subtitle D--Family and Community Endeavor Schools Grant Program

       House sections 1015-24, Community Schools, recede to Senate 
     section 5142 with modifications which include dividing the 
     program into two separate programs: (1) Community Schools, 
     with responsibility lodged in the Secretary of Health and 
     Human Services in consultation and coordination with the 
     Attorney General, and (2) Family and Community Endeavor 
     Schools (FACES), with responsibility lodged in the Secretary 
     of Education.


                           Community Schools

       The Conferees note the sense of the Congress with regard to 
     Community School that public-private partnerships between 
     government and community-based organizations offer an 
     opportunity to empower distressed and disconnected 
     communities to develop their resources and abilities in order 
     to meet the needs of children, forge innovative solutions to 
     the challenges confronting the development of the children in 
     such communities, and create environments where children grow 
     up learning a healthy respect for themselves, for neighbors, 
     and for their communities; increased resources should be 
     invested in public-private partnerships; and community-based 
     organizations, acting through such public-private 
     partnerships should provide year-round supervised sports 
     programs, and extracurricular and academic programs, for 
     children in the communities, and in providing such 
     extracurricular and academic programs, should promote the 
     positive character development of such children through 
     programs such as curriculum-based supervised educational, 
     work force preparation, entrepreneurship, cultural, and 
     health programs, social activities, arts and crafts programs, 
     dance programs, tutorial and mentoring programs, and other 
     related activities.
       The Conferees also note that Congress has found with regard 
     to this program the following: parents are devoting less time 
     than in previous generations to the supervision, education, 
     and nurturing of their children; the lack of supervision and 
     meaningful activity after school contributes to the spread of 
     violent juvenile delinquency in the form of youth and gang 
     violence, drug trafficking, dangerous and self-destructive 
     behavior, and lack of hope among children in our Nation; 
     every child has the capacity to be productive and law abiding 
     and deserves to grow in a safe and protected environment; 
     communities have a responsibility to develop the children of 
     our Nation into productive adults; because of their 
     centrality, public schools are among the best facilities that 
     communities can use to provide needed space and support 
     services for programs for children; schools are most 
     effective at serving a community when the people of the 
     community are involved in activities designed to fulfill the 
     needs of children in the community; and activities provided 
     in community centers, recreational facilities, and other 
     places where children gather, have a significant impact and 
     influence on the behavior and attitudes of children.


                 family and community endeavors schools

       The Conferees note that Congress has found with regard to 
     this program that: (1) children in areas with a high 
     incidence of poverty are more likely to be exposed to 
     problems created by economic deprivation, poor housing, 
     overwhelming family responsibilities, inadequate parental 
     educational background or parental substance abuse and are at 
     risk of failure; (2) students from poor families are 3 times 
     more likely to drop out of school than students from more 
     advantaged homes; (3) without social intervention, at-risk 
     children are often unable to improve academic performance; 
     (4) schools are accessible, central resources in every 
     community where social and education services can be 
     coordinated and disseminated to at-risk children and their 
     families; (5) schools are most effective at serving a 
     community when the people of the community are involved in 
     school management and help design activities to fulfill the 
     needs of children in the community; and (6) many schools have 
     successfully improved the academic performance and social 
     development of at-risk children by instituting an 
     organizational and management plan that incorporates parental 
     involvement in school management and incorporates mental 
     health and social intervention services in the daily academic 
     curriculum.

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

       Senate recedes to House sections 1051-52, Assistance for 
     Delinquent and At-Risk Youth, with technical modification.

                     Subtitle H--Police Recruitment

       Senate recedes to House sections 1061-62, Police 
     Recruitment, with technical modification. The term `non-
     profits' includes, but is not limited to, public institutions 
     of higher education that so qualify under section 501(c)(3) 
     of the Internal Revenue Code.

                   Subtitle J--Local Partnership Act

       Senate recedes to House section 1075-76, Local Partnership 
     Act, with various modifications including the clarification 
     of the purposes for which funds under this program can be 
     used. The Local Partnership Act (``LPA'') is authorized for 
     fiscal years 1995 through 2000 rather than for fiscal years 
     1995 and 1996. At the request of the Administration, the LPA 
     will be administered by the Secretary of Housing and Urban 
     Development (``HUD'') rather than the Secretary of Treasury, 
     and HUD may delegate some or all of its administrative 
     responsibilities to other Executive branch departments and 
     agencies. Two and one-half percent of the total funds 
     authorized for the LPA are authorized to be appropriated for 
     fiscal years 1995 through 2000 for administrative costs of 
     HUD in administering the LPA. Checks will be sent to local 
     governments by HUD within 90 days of the actual appropriation 
     of funds rather than 60 days. Technical changes are made in 
     the LPA's allocation formula so that HUD will be able to 
     replicate for fiscal year 1995 the dollar allocations to 
     39,000 local governments produced by the General Accounting 
     Office (``GAO'') on April 25, 1994; for later years HUD is 
     free to use more reliable data--if available--than the data 
     used by GAO.
       The Conferees note that, in some areas of the country, 
     public functions such as transportation, education, and 
     hospitals are supported by property or sales taxes collected 
     by separate taxing jurisdictions. The Conferees expect HUD, 
     in consultation with the Governments Division of the Bureau 
     of the Census, to report to the Committee on Government 
     Operations on the operation of the Local Partnership Act in 
     such areas and to include in its report any suggestions on 
     changes to the statutory definition of the general tax effort 
     factor.
       The Conferees agreed to an amendment dealing with payments 
     of less than $5,000 to Indian tribes and Alaskan native 
     villages.
       The Conferees also agreed to an amendment providing that 
     GAO will report to Congress on a comparison of waste and 
     efficiency under the LPA compared to other comparable Federal 
     programs.
       The Local Partnership Act contains a one percent set-aside 
     for the Commonwealth of Puerto Rico, Guam, American Samoa, 
     and the Virgin Islands. The allocation formula for local 
     governments within the 50 States does not apply to these four 
     jurisdictions. The Conferees expect, however, that objective 
     criteria, such as population and/or per capita income, will 
     be used to ensure an equitable distribution of these funds 
     regrading the local governments within these four 
     jurisdictions.

          Subtitle K--National Community Economic Partnership

       House recedes to Senate sections 4901-33, Community 
     Economic Partnership Act.

             Subtitle O--Urban Recreation and At-Risk Youth

       Senate recedes to House sections 1099U-99Z, Urban 
     Recreation and At-Risk Youth, with modifications.

           Subtitle Q--Community Based Grants for Prosecutors

       Senate recedes to House sections 1099DD-99KK, Community 
     Based Justice Grants for Local Prosecutors, with 
     modifications.

             Subtitle S--Family Unity Demonstration Project

       House recedes to Senate sections 4101-22, Family Unity 
     Demonstration Project, with the following modifications: a 
     child is defined as less than seven years of age; the 
     definition of eligible offender as well as the definition of 
     a State are clarified; the Attorney General is designated as 
     the responsible official; and technical modification.
       The Conferees note that Congress finds with regard to this 
     program an increasing number of children are becoming 
     separated from their primary caretaker parents due to the 
     incarceration of the parents in prisons and jails; such 
     separation of children from their primary caretaker parents 
     can cause harm to children's psychological well-being and 
     hinder their growth and development; a significant number of 
     children are born shortly before or during the incarceration 
     of their mothers and are then quickly separated from their 
     mothers, preventing the parent-child bonding that is crucial 
     to developing in children a sense of security and trust; 
     maintaining close relationships with their children provides 
     a powerful incentive for prisoners to participate in and 
     successfully benefit from rehabilitative programs; and 
     maintaining strong family ties during imprisonment has been 
     shown to decrease recidivism, thereby reducing prison costs.

        Subtitle T--Substance Abuse Treatment in Federal Prisons

       Senate section 1304, Drug Treatment in Federal Prisons, 
     recedes to House section 2001 with modifications to subject 
     the program to the availability of appropriations, to require 
     the Bureau of Prisons to provide residential treatment, and 
     to limit the early release incentive for successful program 
     completion to non-violent offenders.
       The authority provided to the Bureau of Prisons under this 
     section is not to be construed as limiting any authority 
     already possessed by the Bureau of Prisons with respect to 
     the release of inmates.

 Subtitle U--Residential Substance Abuse Treatment for State Prisoners

       Senate section 1204 recedes to House sections 2301-02, 
     Substance Abuse Treatment in State Prisons, with 
     modifications to clarify that certain local detention 
     facilities are eligible; extend the time for approval of an 
     application to not later than 90 days; change the time period 
     for residential substance abuse treatment programs to those 
     lasting between 6 and 12 months; and designate the Attorney 
     General as the responsible official.

  Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in 
                       Correctional Institutions

       House recedes to Senate section 5121, tuberculosis 
     prevention, with modification to include National Institute 
     of Corrections rather than National Institute of Justice.

           Subtitle X--Gang Resistance Education and Training

       House recedes to Senate section 5163, Gang Resistance 
     Education and Training Projects, with modifications. The 
     Conferees intend that the Secretary of the Treasury will 
     consult with the Director of the BATF regarding the selection 
     of communities for participation in this program.

                    TITLE IV--VIOLENCE AGAINST WOMEN

                   Subtitle A--Safe Streets for Women


              chapter 1--federal penalties for sex crimes

       Section 40111--House recedes to Senate section 3211, 
     increasing penalties for repeat offenders, with modifications 
     regarding foreign country convictions.
       Section 40112--House recedes to Senate section 3212, 
     Federal penalties.
       Section 40113--House section 1609 recedes to Senate 
     sections 3213 and the restitution provisions of 3321 and 
     3704-05, with modifications including: if a court finds a 
     defendant is unable to pay any amount of restitution under 
     any reasonable schedule of payments, the court must enter an 
     order providing for a nominal restitution award; victims are 
     permitted to enforce restitution awards; victims can recover 
     costs in obtaining civil protection orders; the provision on 
     compensation to third party payers is eliminated; privacy of 
     records is expanded; compliance with a restitution order is 
     made a condition of probation or supervised release; petition 
     to modify order is added; court authority to refer, subject 
     to de novo review, a matter to a magistrate or special master 
     is added.
       Section 40114--House recedes to Senate section 3214, 
     Federal victims' counselors.


  chapter 2--law enforcement and prosecution grants to reduce violent 
                          crimes against women

       House recedes to Senate section 3221, grants to combat 
     violent crimes against women, with the following 
     modifications: the merger of three grant programs in Senate 
     bill: grants for high intensity crime areas, general grants 
     to States, and Domestic Violence and Family Support Grants 
     (Sec. 3341); the addition of purposes to strengthen victim 
     services programs in diverse populations, and programs 
     addressing the needs of Indian tribes; the addition of a 
     matching fund requirement (which tribal governments may 
     satisfy with Federal funds from the Bureau of Indian 
     Affairs); and the designation of the Attorney General as the 
     responsible official. With regard to the matching fund 
     requirement, the Conferees intend that in disbursing grants 
     for nongovernmental victim services, States shall not pass 
     through to the subgrantees the amount of any required State 
     match. With regard to this program, the Conferees acknowledge 
     the critical role probation agencies play in monitoring and 
     controlling the perpetrators of family violence; the 
     Conferees intend that probation agencies receive appropriate 
     consideration under this program.
       Senate section 3262 recedes to House sections 1603-04, rape 
     exam payments and filing costs, with modifications to extend 
     the requirements to units of local government and Indian 
     tribal governments except (in the case of rape exams) where 
     another governmental entity incurs the costs of the exams; 
     and to give States a period for bringing laws, policies, and 
     practices into compliance with filing cost requirements.


     chapter 3--safety for women in public transit and public parks

       Section 40131--House recedes to Senate section 3231, grants 
     for capital improvements to prevent crime in public 
     transportation, with modification to clarify that Trust Fund 
     money is not available for this program, and other 
     modifications.
       Section 40132--House recedes to Senate section 3232, 
     National Park System Crime Prevention Assistance, with 
     modification to clarify that Trust Fund money is not 
     available for this program.
       Section 40133--House recedes to Senate section 3233, Grants 
     for Capital Improvements to Prevent Crime in Public Parks, 
     with modification to clarify that Trust Fund money is not 
     available for this program.


                    chapter 4--new evidentiary rules

       Section 40141--House recedes to Senate sections 3251-3254 
     and 3706 with a modification to substitute the revisions of 
     Federal Rule of Evidence 412 as transmitted to Congress by 
     the Supreme Court on April 29, 1994 with an additional 
     modification to extend evidentiary protection to civil cases 
     (as proposed by the Judicial Conference of the United States 
     to the Supreme Court on October 25, 1993). The Conferees 
     intend that the Advisory Committee Note on Rule 412, as 
     transmitted by the Judicial Conference of the United States 
     to the Supreme Court on October 25, 1993, applies to Rule 412 
     as enacted by this section. This section, which modifies Rule 
     412 of the Federal Rules of Evidence as transmitted to the 
     Congress by the United States Supreme Court, is enacted 
     pursuant to the Rules Enabling Act.


           chapter 5--assistance to victims of sexual assault

       Section 40151--House recedes to Senate section 3261, 
     Education and Prevention Grants to Reduce Sexual Assaults 
     Against Women, with modification to allocate funds to States 
     on the basis of population.
       Section 40152--House recedes to Senate section 1607, 
     National Institute of Justice Training Program, to assist 
     court personnel in treating sex offenders.
       Section 40153--House recedes to Senate proposal regarding 
     confidentiality of communications between sexual assault or 
     domestic violence victims and their counselors, with 
     modifications.
       Section 40154--House recedes to Senate section 1608 with 
     regard to information about sex offender treatment programs.
       Section 40155--House recedes to Senate section 3263 with 
     modification to make runaway youth education and prevention 
     grants gender-neutral and to cover juveniles.
       Section 40156--House recedes to Senate section 5126, 
     Victims of Child Abuse Act, with modifications.

                    Subtitle B--Safe Homes for Women


             Chapter 1--National Domestic Violence Hotline

       Section 40211--House section 1653 recedes to Senate section 
     3311, grant for a national domestic violence hotline, with 
     modifications as follows: (1) a grant may extend for 5 years, 
     subject to annual approval; (2) applicants must include a 
     plan for assisting non-English speaking callers and the 
     hearing-impaired; and (3) applicants must demonstrate support 
     from advocacy groups, such as State coalitions and recognized 
     national domestic violence groups. The Conferees note 
     Congress has found with regard to this program 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 previously handled more than 
     65,000 crisis calls annually no longer exits.


                   Chapter 2--Interstate Enforcement

       Section 40221--Senate section 3321, Interstate Enforcement, 
     recedes to House section 1622 with modifications including: 
     the addition of penalties for causing the crossing of State 
     lines to commit a crime of violence; the revision of the new 
     Federal crime for crossing a State line; the addition of a 
     penalty where the crime results in disfigurement or life-
     threatening bodily injury; the modification of the mandatory 
     restitution provisions to comport with the mandatory 
     restitution provisions for sex crimes and crimes involving 
     the sexual exploitation and abuse of children; and the 
     modification of the definition of ``spouse or intimate 
     partner.''


         Chapter 3--Arrest Policies in Domestic Violence Cases

       Section 40231--Senate section 3331 recedes to House section 
     1623, grants to encourage arrest polices, with modifications 
     to include a two-year period for grantees to comply, and a 
     modification to the definition of ``domestic violence.''


                       Chapter 4--Shelter Grants

       Section 40241--House recedes to Senate section 3341(j), 
     authorizing money for battered women's shelters. (The 
     remainder of Senate section 3341 was incorporated into 
     Subtitle A, Chapter 2, of this title.)


                       Chapter 5--Youth Education

       Section 40251--House recedes to Senate section 3361, youth 
     education and domestic violence, with modification to permit 
     the Secretary of Health and Human Services to consult with 
     the Secretary of Education to select, implement, and evaluate 
     four model programs.


           Chapter 6--Community Programs on Domestic Violence

       Section 40261--House section 1654 recedes to Senate section 
     5140, community programs on domestic violence, with 
     modifications. Senate section 5122 is deleted as duplicative.


   Chapter 7--Family Violence Prevention and Services Act Amendments

       Section 40271--House recedes to Senate section 3351, 
     grantee reporting.
       Section 40272--House recedes to Senate sections 3381-83, 
     technical amendments.


             Chapter 8--Confidentiality for Abused Persons

       Section 40281--House recedes to Senate section 3371, 
     confidentiality for abused persons, with modification to give 
     Postal Service additional regulatory guidance.


                      Chapter 9--Data and Research

       Section 40291--House recedes to Senate section 3391, data 
     and research agenda, with modification to include diversity 
     considerations for panel and to require the issuance of a 
     report no later than 12 months rather than 9 months after 
     enactment.
       Section 40292--House recedes to Senate section 3392, State 
     data bases, with modification to place responsibility for the 
     study and report with the appropriate Department of Justice 
     entities.
       Section 40293--House recedes to Senate section 3393, number 
     and cost of injuries.


    Chapter 10--Rural Domestic Violence and Child Abuse Enforcement

       Section 40295--House section 2521 recedes to Senate section 
     1421, rural domestic violence and child abuse enforcement 
     assistance.

                   Subtitle C--Civil Rights for Women

       Sections 40301-03--House recedes to Senate sections 3401-
     03, Civil Rights. The Conferees note that the applicable 
     standard of proof in a civil rights cause of action under 
     this section is preponderance of the evidence. The Conferees 
     also note that the Congress has found that crimes of violence 
     motivated by gender constitute bias crimes in violation of 
     the victim's right to be free from discrimination on the 
     basis of gender; current law provides a civil rights remedy 
     for gender crimes committed in the workplace, but not for 
     crimes of violence motivated by gender committed on the 
     street or in the home; State and Federal criminal laws do not 
     adequately protect against the bias element of crimes of 
     violence motivated by gender, which separates these crimes 
     from acts of random violence, nor do these adequately provide 
     victims of gender-motivated crimes the opportunity to 
     vindicate their interests; existing bias and discrimination 
     in the criminal justice system often deprives victims of 
     crimes of violence motivated by gender of equal protection of 
     the laws and the redress to which they are entitled; crimes 
     of violence motivated by gender have a substantial adverse 
     effect on interstate commerce, by deterring potential victims 
     from traveling interstate, from engaging in employment in 
     interstate business, and from transacting with business, and 
     in places involved, in interstate commerce; crimes of 
     violence motivated by gender have a substantial adverse 
     effect on interstate commerce, by diminishing national 
     productivity, increasing medical and other costs, and 
     decreasing the supply of and the demand for interstate 
     products; a Federal civil rights action as specified in this 
     section is necessary to guarantee equal protection of the 
     laws and to reduce the substantial adverse effects on 
     interstate commerce caused by crimes of violence motivated by 
     gender; and the victims of crimes of violence motivated by 
     gender have a right to equal protection of the laws, 
     including a system of justice that is unaffected by bias or 
     discrimination and that, at every relevant stage, treats such 
     crimes as seriously as other violent crimes.
       Section 40304--House recedes to Senate section 3404, Sense 
     of the Senate concerning protection of privacy of rape 
     victims, with technical modifications. The Conferees note 
     that the Senate finds with regard to this provision that: (1) 
     there is a need for a strong and clear Federal response to 
     violence against women, particularly with respect to the 
     crime of rape; (2) Rape is an abominable and repugnant crime, 
     and one that is severely underreported to law enforcement 
     authorities because of its stigmatizing nature: (3) The 
     victims of rape are often further victimized by a criminal 
     justice system that is insensitive to the trauma caused by 
     the crime and are increasingly victimized by news media that 
     are insensitive to the victim's emotional and psychological 
     needs; (4) Rape victims' need for privacy should be 
     respected; (5) Rape victims need to be encouraged to come 
     forward and report the crime of rape without fear of being 
     revictimized through involuntary public disclosure of their 
     identities; (6) Rape victims need a reasonable expectation 
     that their physical safety will be protected against 
     retaliation or harassment by an assailant; (7) The news media 
     should, in the exercise of their discretion, balance the 
     public's interest in knowing facts reported by free news 
     media against important privacy interests of a rape victim, 
     and an absolutist view of the public interest leads to 
     insensitivity to a victim's privacy interest; and (8) The 
     public's interest in knowing the identity of a rape victim is 
     small compared with the interests of maintaining the privacy 
     of rape victims and encouraging rape victims to report and 
     assist in the prosecution of the crime of rape.
       Senate section 3501, safe campuses for women, is deleted 
     because it has already been enacted.

         Subtitle D--Equal Justice for Women in the Courts Act


  Chapter 1--Education and Training for Judges and Court Personnel in 
                              State Courts

       Sections 40411-14--House sections 1661-64 recede to Senate 
     sections 3601-14, Equal Justice for Women in the Courts Act, 
     with modifications to include Indian tribal governments as 
     grantees and to modify grant purposes.


  chapter 2--education and training for judges and court personnel in 
                             federal courts

       Sections 40421-22--House sections 1665-67 recede to Senate 
     sections 3621-22 with modifications to designate the 
     Administrative Office of the United States Courts as the 
     clearinghouse for the dissemination of reports and to delete 
     circuit court allocation limits.

          Subtitle E--Violence Against Women Act Improvements

       Section 40501--House recedes to Senate section 3701, pre-
     trial detention in sex offense cases.
       Section 40502--House recedes to Senate section 3702, 
     increased penalties for sex offenses against victims below 
     the age of 16. Senate section 801, sexual abuse amendments, 
     is deleted as duplicative.
       Section 40503--Senate sections 3703(a)-(b) recede to House 
     section 1652, payment of cost of victim testing for sexually 
     transmitted disease, with modification to ensure 
     confidentiality and anonymity of the test, subject to waiver 
     by the victim. House recedes to Senate sections 3703(c)-(g) 
     with modification.
       Section 40504--House recedes to Senate section 3704, 
     extension and strengthening of restitution.
       Section 40505--House recedes to Senate section 3705, with 
     modifications.
       Section 40506--House recedes to Senate section 3707, 
     National Baseline Study on Campus Sexual Assault, with 
     technical modification.
       Section 40507--Senate section 3708, Report on Battered 
     Women's Syndrome, recedes to House section 121. Senate 
     section 2964 is deleted as duplicative.
       Section 40508--House recedes to Senate section 3709, Report 
     on Confidentiality of Addresses for Victims of Domestic 
     Violence.
       Section 40509--House recedes to Senate section 3710, Report 
     on Record Keeping Relating to Domestic Violence.
       Senate section 3711, Report on Fair Treatment in Legal 
     Proceedings, recedes to House.
       Senate section 3712 recedes to House.
       Senate section 3713 recedes to House.

      Subtitle F--National Stalker and Domestic Violence Reduction

       Senate recedes to House sections 2801-12, Stalking, with 
     modifications.

   Subtitle G--Protections for Battered Immigrant Women and Children

       Senate recedes to House sections 1626-28, Battered 
     Immigrant Women, with modifications.

                          TITLE V--DRUG COURTS

       Senate sections 1201-02 recede to House sections 1041-44 
     with modifications to prohibit violent offenders from 
     participating, to add a GAO study, and with technical and 
     conforming changes.
       The Conferees recognize that drug court programs may 
     support costs of judges, magistrates, quasi-judicial 
     personnel, probation officers, drug testing personnel, 
     prosecutors, defense attorneys, other criminal justice 
     participants, drug treatment personnel, persons involved in 
     programmatic and after-care services, and other personnel 
     necessary to implement drug court programs.
       The Conferees note the diversity of court structures under 
     which jurisdictions throughout the United States are 
     organized and intend that the Attorney General, in 
     implementing this program, issue regulations that are as 
     flexible as possible in this regard.

                        TITLE VI--DEATH PENALTY

       Procedures: The House recedes to the Senate with the 
     following exceptions: (1) Senate recedes to the House 
     regarding the firearm aggravator; (2) Senate recedes to the 
     House to add the aggravator for sexual assault or child 
     molestation; (3) the Conferees modified the provision 
     regarding information presented at sentencing to reflect 
     current law.
       Offenses: The House recedes to the Senate death penalties, 
     including terrorism death penalties, with the following 
     modifications: (1) the deletion of Senate section 203(a)(8), 
     attempted assassination of the President; (2) the deletion of 
     the part of Senate section 202(a) which adds section 
     3591(b)(3) to title 18 regarding unintentional deaths due to 
     overdose; (3) the addition of the Hyde amendment to section 
     203(a)(2), espionage; (4) Senate section 504 recedes to House 
     section 708 regarding correctional officers; (5) Senate 
     section 716, torture, recedes to House section 713 with 
     modifications to delete already enacted provisions; (6) the 
     addition of an intent standard for carjacking; (7) Senate 
     recedes to the House intent standard; (8) Senate section 
     2406, to federalize all murders committed with guns, recedes 
     to House; (9) Senate section 711, weapons of mass 
     destruction, recedes to House section 710; and (10) the 
     modification of Senate section 215, alien smuggling, to 
     increase penalties. House recedes to Senate sections 501-03 
     and 505.
       House sections 901-02, racially discriminatory capital 
     sentencing, recede to Senate.
       Senate section 1021, racial and ethnic bias study grants, 
     recedes to House.
       Section 60026--Senate recedes to House proposal regarding 
     appointment of counsel.

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

       Senate sections 2408 and 5111 recede to House sections 501-
     02 with modifications. The authority provided to the Bureau 
     of Prisons under this section is not to be construed as 
     limiting any authority already possessed by the Bureau of 
     Prisons with respect to the release of inmates.

        TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES

       Senate section 2404 recedes to House sections 201-03 with 
     modifications.

                         TITLE IX--DRUG CONTROL

         Subtitle A--Enhanced Penalties and General Provisions

       In carrying out directions from the Congress, the U.S. 
     Sentencing Commission shall assure reasonable consistency 
     with other guidelines, avoid duplicative punishment for 
     substantially the same offense, and take into account any 
     mitigating circumstances which might justify exceptions. The 
     Commission shall also carry out such directions in light of 
     the factors set forth in subsection 3535(a) of title 18, 
     United States Code.
       Section 90101--House recedes to Senate section 1501, drug 
     trafficking in prisons.
       Section 90102--House recedes to Senate section 1505, drug-
     dealing in drug free zones, with modifications.
       Section 90103--House recedes to Senate section 1506, 
     illegal drug use in prisons, with technical modification.
       Section 90104--House recedes to Senate section 1531, 
     clarification of narcotics and other dangerous drugs.
       Section 90105--House recedes to Senate section 1532, 
     conforming amendments to recidivist penalty provisions of the 
     Controlled Substance Act and the Controlled Substances Import 
     and Export Act.
       Section 90106--House recedes to Senate section 1534, 
     Advertising, with modifications.
       Section 90107--House recedes to Senate section 1538, 
     Violent Crime and Drug Emergency Areas, with modifications.

        Subtitle B--National Narcotics Leadership Act Amendments

       Sections 90201-08--House recedes to Senate section 5150, 
     which reauthorizes the Office of National Drug Control Policy 
     through September 30, 1997, with modifications.
       In addition to the Director's authority to recommend to 
     Federal agencies appropriate drug budget levels by July 1 of 
     each year as those agencies are first developing their 
     budgets for the following fiscal year, authority is granted 
     to ensure that the agencies' budget submissions to the Office 
     of Management and Budget are consistent with the National 
     Drug Control Strategy.
       The provision also provides authority to detail temporarily 
     drug control personnel to other Departments or agencies to 
     implement the National Drug Control Strategy. It further 
     provides authority, except to the extent that the Director's 
     authority is limited in an annual appropriations Act, to 
     transfer up to 2% among National Drug Control Program 
     accounts, upon advance approval of the Committees on 
     Appropriations of each House of Congress. It is the intent of 
     the Conferees that such advance approval be obtained from 
     each of the Appropriations Subcommittees with jurisdiction 
     over accounts increased or decreased by such budget shifts.
       Several additional goals are added to the National Drug 
     Control Strategy, including the ``consequences'' of drug 
     abuse (such as emergency room overdoses and drug-related 
     crime), assessment of national drug treatment system, and 
     other evaluations of the strategy. Drug treatment and 
     prevention are added to the mission of the Counter-Drug 
     Technology Assessment Center. And, the provision prohibits 
     the Director and other officials in the Office who are 
     confirmed by the Senate from participating in Federal 
     election campaigns.
       Senate section 1504, anabolic steroids penalties, recedes 
     to House as duplicative of stronger current law.
       Senate section 1533, Program to provide public awareness of 
     the provisions of Public Law 101-516, recedes to House.
       Senate section 1537, Drug paraphernalia amendment, recedes 
     to House.
       Senate sections 1511-23, Precursor Chemicals Act, deleted 
     because already enacted.
       Senate section 1536 recedes to House.
       Senate section 1535, national drug control strategy, 
     recedes to House.
       Senate section 1502 is deleted because already enacted.
       Senate section 2407 recedes to House.

                   TITLE X--DRUNK DRIVING PROVISIONS

       Section 100002--House recedes to Senate section 1602, 
     applying State law in areas of Federal jurisdiction.
       Section 100003--House sections 1801-02, Driving While 
     Intoxicated Prosecution Program, recede to Senate section 
     5115.

                           TITLE XI--FIREARMS

                      Subtitle A--Assault Weapons

       House recedes to Senate sections 4501-10, with 
     modifications.
       The Conferees recognize that some workers will be adversely 
     impacted by the enactment of this Subtitle. The Conferees 
     note that the Department of Labor has made available, as of 
     July 1, more than $1.1 billion through Title III of the Job 
     Training Partnership Act to assist dislocated workers. The 
     types of assistance available to dislocated workers under 
     that Act include retraining, job search assistance, job 
     counseling, on-the-job training, and other services. The 
     Conferees expect that any employees dislocated as a result of 
     enactment of this Subtitle will be eligible to apply for such 
     benefits in accordance with Department of Labor criteria.

                    Subtitle B--Youth Handgun Safety

       Section 110201--House sections 1901-02 recede to Senate 
     section sections 661-62 with the deletion of Senate section 
     662(a) and technical modifications. Senate section 663 
     recedes to House.
       The Conferees note Congress finds with regard to these 
     sections that: Crime, particularly crime involving drugs and 
     guns, is a pervasive, nationwide problem; problems with crime 
     at the local level are exacerbated by the interstate movement 
     of drugs, guns, and criminal gangs; 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. Even before the sale of a 
     handgun, its component parts, ammunition, and the raw 
     materials from which they are made have considerably moved in 
     interstate commerce. 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 people from other countries 
     may decline to travel in the United States for the same 
     reason. Just as hardened drug kingpins often begin their 
     lives 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. Violent crime and the use of illicit drugs go hand-in-
     hand, and attempts to control one without controlling the 
     other may be fruitless. 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 efforts 
     unavailing due in part to the failure or inability of other 
     States and localities to take strong measures. 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. 
     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.

                         Subtitle C--Licensure

       Sections 110301-07--House recedes to Senate sections 311-
     17, Firearms Licensure.

                     Subtitle D--Domestic Violence

       Section 110401--Senate sections 301, Persons Subject to 
     Restraining Orders, and 4201-03, Prohibition Against Disposal 
     of Firearms to, or Receipt of Firearms by, Persons Who Have 
     Committed Domestic Violence, recede to House sections 1624-
     25, with modifications.
       The Conferees intend that the term ``child'' be read with 
     common sense and normal meaning, and to include a child over 
     whom a person's parental rights have been terminated by a 
     court order. The Conferees also note that Congress finds with 
     respect to this provision that domestic violence is the 
     leading cause of injury to women in the United States between 
     the ages of 15 and 44; firearms are used by the abuser in 7 
     percent of domestic violence incidents and produces an 
     adverse effect on interstate commerce; and individuals with a 
     history of domestic abuse should not have easy access to 
     firearms.

                    Subtitle E--Gun Crime Penalties

       In carrying out directions from the Congress, the U.S. 
     Sentencing Commission shall assure reasonable consistency 
     with other guidelines, avoid duplicative punishment for 
     substantially the same offense, and take into account any 
     mitigating circumstances which might justify exceptions. The 
     Commission shall also carry out such directions in light of 
     the factors set forth in subsection 3553(a) of title 18, 
     United States Code.
       Section 110501--House recedes to Senate section 401, 
     enhanced penalty for use of semiautomatic weapons during 
     crime of violence or drug trafficking crime.
       Section 110502--House section 3031 recedes to Senate 
     section 402, second conviction for using or carrying 
     explosives.
       Section 110503--House recedes to Senate section 403, new 
     offense for smuggling firearms.
       Section 110504--House section 3032 recedes to Senate 
     section 404, new offense for theft of guns and explosives 
     moving in interstate commerce.
       Section 110505--House recedes to Senate section 405, 
     revocation of supervised release, with modifications. Senate 
     section 2403, supervised release after imprisonment, recedes 
     to House as incorporated in Senate section 405.
       Section 110506--House recedes to Senate section 406, 
     revocation of probation, with modifications.
       Section 110507--House recedes to Senate section 407, 
     knowingly making false material statement on a gun 
     application.
       Section 110508--House section 3033 recedes to Senate 
     section 408, felon possessing explosives.
       Section 110509--House recedes to Senate section 409, 
     explosives destruction.
       Section 110510--House recedes to Senate section 410, 
     technical correction regarding parole.
       Section 110511--House recedes to Senate section 411, 
     prohibition against transactions involving stolen firearms or 
     stolen guns.
       Section 110512--House recedes to Senate section 412, using 
     firearm in commission of forgery.
       Section 110513--House recedes to Senate section 413, 
     firearm possession by violent felons and serious drug 
     offenders.
       Section 110514--House recedes to Senate section 414, 
     receipt of firearms by nonresident.
       Section 110515--House section 3034 recedes to Senate 
     section 417, stealing guns or explosives from a licensee.
       Section 110516--House section 3035 recedes to Senate 
     section 418, disposing of explosives to prohibited person.
       Section 110517--House recedes to Senate section 420, 
     interstate gun trafficking.
       Section 110518--House recedes to Senate section 415, 
     firearms conspiracy, with modification.
       Section 110519--House recedes to Senate section 5168, 
     Definition of Armor Piercing Ammunition, with modification.
       Senate section 416, study of incendiary ammunition, recedes 
     to House.
       Senate section 419 recedes to House.

                          TITLE XII--TERRORISM

       In carrying out directions from the Congress, the United 
     States Sentencing Commission shall assure reasonable 
     consistency with other guidelines, avoid duplicative 
     punishment for substantially the same offense, and take into 
     account any mitigating circumstances which might justify 
     exceptions. The Commission shall also carry out such 
     directions in light of the factors set forth in subsection 
     3553(a) of title 18, United States Code.
       Section 120001--House recedes to Senate section 717, 
     extension of statute of limitations, with modifications.
       Section 120002--House recedes to Senate section 715, 
     jurisdiction over crimes against U.S. nationals.
       Section 120003--House recedes to Senate section 721, 
     counterfeiting currency abroad, with modification to increase 
     penalty.
       Section 120004--House recedes to Senate section 724, 
     Terrorist Felonies.
       Section 120005--House recedes to Senate section 726, 
     material support to terrorists, with modification.
       Senate section 718, FBI access to telephone subscriber 
     information, is deleted because already enacted.
       Senate section 720, preventing acts of terrorism, recedes 
     to House.
       Senate section 722, economic terrorism task force, recedes 
     to House.
       Senate section 713, extension of territorial sea, recedes 
     to House.
       Senate section 714, assimilated crimes in extended 
     territorial sea, recedes to House.

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

       Section 130001--House recedes to Senate section 5005, 
     enhancing penalties for failure to depart, with modification 
     to delete subsection (c) regarding collateral review.
       Section 130002--House recedes to Senate section 5007, 
     criminal alien tracking center, with modification to conform 
     to current law.
       Section 130003--House recedes to Senate section 725, 
     Protection of Recipients in Counter-Terrorism Rewards 
     Program, with modifications to incorporate this section into 
     Senate section 5117, and other modifications.
       Section 130004--House recedes to Senate section 5002, 
     deportation procedures for certain criminal aliens, with 
     modifications.
       Section 130005--Senate section 5158, expedited deportation 
     for asylum applicants, recedes to House section 2411 with 
     modification to clarify that asylum applicants have no right 
     to work in the United States.
       Section 130006--Senate section 5159, improving border 
     controls, recedes to House section 2412 with modifications 
     regarding report requirement and to incorporate House section 
     2421.
       Section 130007--House section 2413, special deportation 
     proceedings, recedes to Senate section 5160 with 
     modifications. Senate section 5161, construction of INS 
     processing centers, recedes to House section 2414, which is 
     incorporated into Senate section 5160, with modifications. 
     The Conferees intend that the Attorney General should 
     consider the availability of legal assistance in an area in 
     determining where to locate the facilities.
       Section 130008--Senate recedes to House section 2402, 
     authority of the Attorney General to accept assistance in 
     deporting criminal aliens, with modifications.
       The Conferees note that many States and localities are 
     burdened with the financial costs of housing and processing 
     deportable aliens who are unlawfully within the United States 
     and who are arrested for violating criminal statutes. The 
     Immigration and Naturalization Service is not permitted under 
     current law to accept State and local assistance in carrying 
     out its deportation responsibilities. This section is 
     intended to aid communities with criminal alien populations 
     to expedite the removal of deportable aliens who are arrested 
     for the violation of criminal statutes by providing 
     transportation-related services or property to the 
     Immigration and Naturalization Service.
       Section 130009--Senate section 712 recedes to House section 
     2431 with modification increasing the penalty for employment 
     document fraud to five years. Senate section 5124 is deleted 
     as duplicative.
       This section is intended to target persons who commit 
     document fraud for the purpose of commercial advantage, or to 
     facilitate drug trafficking or international terrorism. The 
     Conferees intend that the Attorney General implement these 
     provisions so as not to prosecute bona fide applicants for 
     asylum.
       Section 130010--House recedes to Senate section 5131, 
     asylum, which is modified to a Sense of the Senate, with 
     other modifications.
       Senate section 5006, miscellaneous and technical changes 
     regarding alien deportation, recedes to House.
       Senate section 5102, prohibition on payment of Federal 
     benefits to illegal aliens, recedes to House.
       Senate section 5119, State and local cooperation with INS, 
     recedes to House.
       Senate section 5110, removal of alien terrorists, recedes 
     to House.
       House section 2401, Congressional findings regarding 
     criminal aliens, recedes to Senate.
       Senate section 5144, authority to release confidential 
     information regarding aliens, recedes to House.
       Senate section 5001, aggravated felony, recedes to House.
       Senate section 5003, judicial deportation, recedes to 
     House.
       Senate section 5004 recedes to House.
       Senate section 5157, Extradition, recedes to House.

                       TITLE XIV--YOUTH VIOLENCE

       Sections 140001-03--Senate section 651 recedes to House 
     section 1101 regarding adult prosecution of juveniles with 
     modification to delete section 1101(b).
       Section 140004--House recedes to Senate section 641 with 
     modification to correct typographical error regarding the age 
     for the bindover of juveniles.
       Section 140005--House recedes to Senate section 618 with 
     modifications.
       Section 140006--House recedes to Senate section 615, 
     increased penalties for employing children to distribute 
     drugs near schools and playgrounds, with modification.
       Section 140007--House recedes to Senate section 2906, 
     increased penalties for travel act violations. Senate section 
     617 deleted as duplicative.
       Section 140008--House recedes to Senate section 5130, 
     solicitation of minor to commit crime.

                    TITLE XV--CRIMINAL STREET GANGS

       Section 150001--House recedes to Senate section 611 with an 
     amendment to provide increased penalties for Federal gang 
     crimes.
       Section 150002--House recedes to Senate section 614 with 
     modification to delete simple drug possession as basis of 
     adult prosecution of juveniles.
       Section 150003--House recedes to Senate section 619 to 
     authorize use of Byrne funds for programs relating to gangs.
       Section 150006--House recedes to Senate proposal regarding 
     mentoring program guidelines.
       Section 150007--House recedes to Senate section 5167.
       Section 150008--House recedes to Senate section 622, Gang 
     Investigation Coordination and Information Collection.
       Section 150009--Senate section 624 recedes to House section 
     1098, Multijurisdictional Gang Task Forces.
       Senate section 612 recedes to House regarding use of minors 
     as RICO predicate.
       Senate section 613 recedes to House.
       Senate section 623 is deleted because already enacted.

                      TITLE XVI--CHILD PORNOGRAPHY

       Sections 160001-02--House sections 1201-02 recede to Senate 
     sections 824-25, child pornography.
       Section 160003--House section 3083 recedes to Senate 
     section 2410, Confirmation of intent of Congress in enacting 
     sections 2252 and 2256 of title 18, United States Code.

                  TITLE XVII--CRIMES AGAINST CHILDREN

   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

       Section 170101--Senate sections 821-23, Jacob Wetterling 
     Crimes Against Children Registration Act, recede to House 
     section 1301 with modification to include the program 
     contained in Senate sections 841-44 and other modifications.

                 Subtitle B--Assaults Against Children

       Section 170201--Senate recedes to House section 301, 
     assaults against children, with technical and conforming 
     modifications.

               Subtitle C--Missing and Exploited Children

       Sections 170301-03--House recedes to Senate sections 4301-
     04, Missing and Exploited Children, with modifications. The 
     Conferees note Congress finds with regard to this program 
     that the victimization of children in our nation has reached 
     epidemic proportions; recent Department of Justice figures 
     show that 4,600 children were abducted by non-family members; 
     two-thirds of the abductions of children by non-family 
     members involve sexual assault; more than 354,000 children 
     were abducted by family members; and 451,000 children ran 
     away; while some local law enforcement officials have been 
     successful in the investigation and resolution of such 
     crimes, most local agencies lack the personnel and resources 
     necessary to give this problem the full attention it 
     requires; a majority of the nation's 17,000 police 
     departments have 10 or fewer officers; and locating missing 
     children requires a coordinated law enforcement effort; 
     supplementing local law enforcement agencies with a team of 
     assigned active Federal agents will allow Federal agents to 
     pool their resources and expertise in order to assist local 
     agents in the investigation of the nation's most difficult 
     cases involving missing children.
       Senate section 5129, Parent Locator Service, recedes to 
     House.
       Senate section 2701, International Parental Kidnapping, is 
     deleted because already enacted.

                        TITLE XVIII--RURAL CRIME

       Sections 180101-201--House sections 2501-21 recede to 
     Senate sections 1401-21 with modification regarding the 
     structure of rural drug task forces, the placement of section 
     1421 in the Violence Against Women title, and other 
     modifications.
       Section 180301--Senate recedes to House section 2531, Sense 
     of Congress Regarding Funding for Rural Areas.

                   TITLE XIX--FEDERAL LAW ENFORCEMENT

       Section 190001--House section 3016 recedes to Senate 
     section 5132, Federal judiciary, with modifications to 
     incorporate section 621, additional Federal prosecutors for 
     the prosecution of violent youth gangs, and other 
     modifications.

   TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND 
                               EDUCATION

       House sections 2701-39 recede to Senate sections 1121-50 
     with modification to delete Senate sections 1124 (b) and (c) 
     with regard to the appointment of a Director.

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

                       Subtitle A--Byrne Program

       Section 210101--Senate recedes to House section 1098A, 
     extension of Byrne grant funding, with modification to 
     authorize specified funds.

               Subtitle B--Law Enforcement Family Support

       Section 210201--House recedes to Senate section 1101, Law 
     Enforcement Family Support, with modification to designate 
     the Attorney General as the responsible official, and other 
     minor modifications.

                     Subtitle C--DNA Identification

       Sections 210301-06--House sections 1501-06 recede to Senate 
     sections 1001-6, DNA Identification, with modification to 
     ensure the establishment of a blind proficiency testing 
     program for DNA analysis.
     DNA Advisory Board
       The Act requires the Director of the Federal Bureau of 
     Investigation to appoint an advisory board on DNA quality 
     assurance methods. The Conferees intend that, in making 
     appointments to the advisory board, the Director of the FBI 
     shall adhere strictly to all applicable conflict of interest 
     and ethics laws. In particular, the FBI Director will ensure 
     that no member of the board will have a commercial or 
     proprietary interest in matters addressed by the board. To 
     that end, the Director may obtain disclosure statements from 
     nominees to the board. The Conferees expect that a review of 
     any potential conflict of interest or ethical considerations 
     will be conducted with the assistance of the Bureau's Legal 
     Counsel Division, with the FBI Director retaining final 
     authority regarding appointments to the board.
     Proficiency Testing Program
       The Conferees, in adopting the DNA Identification Act, 
     recognize the significance of the development of a blind 
     external proficiency testing program for DNA analyses. A 
     blind external proficiency test means a test that is 
     presented to a forensic laboratory through a second agency 
     and appears to the analysts to involve routine evidence.
       Under this Act, the Director of the National Institute of 
     Justice is directed to study this issue and certify to 
     Congress within one year that (1) the NIJ has undertaken 
     steps to ensure that an appropriate entity or entities will 
     establish a blind external proficiency testing program for 
     DNA analyses, which shall be available to public and private 
     laboratories performing forensic DNA analyses; (2) that a 
     blind proficiency testing program for DNA analyses is already 
     available; or (3) that it is not feasible to have a DNA blind 
     proficiency testing program.
       The Conferees fully expect that NIJ will report either that 
     there are one or more existing DNA blind proficiency testing 
     programs or that it has undertaken steps to ensure the 
     establishment of one. There are many private DNA testing 
     laboratories and commercial manufacturers of DNA testing 
     products that have the technical expertise, individually or 
     through professional and trade associations, necessary to 
     establish the aforementioned program.
       If the NIJ study determines blind external proficiency 
     testing is feasible, neither State nor local DNA laboratories 
     covered by the Act (i.e., those participating in the national 
     DNA index or receiving grants), will be required by the Act 
     to subscribe to such a blind testing program. The FBI 
     Laboratory will not be required by the Act to subscribe to a 
     particular blind testing program identified by NIJ. 
     Participation by State and local governments should be 
     voluntary and at their own discretion--although participation 
     in such a program will be an important element of 
     demonstrating quality control for purposes of having DNA 
     evidence introduced into evidence.

                 Subtitle D--Police Pattern or Practice

       Sections 210401-02--House recedes to Senate sections 1111-
     12, Police Pattern or Practice, with modification to section 
     1112.

         Subtitle E--Improved Training and Technical Automation

       Section 210501--House recedes to Senate section 1031, 
     improved training and technical automation, with technical 
     and conforming modifications. The Conferees believe one 
     appropriate use of this program would be to ensure that 
     States, Indian tribal governments, and local governments are 
     made aware of advanced law enforcement technologies.

                 Subtitle F--Other State and Local Aid

       Section 210601--Senate recedes to House proposal to 
     reauthorize the Office of Justice Programs.
       Section 210602--House recedes to Senate section 5137, 
     assistance to ease the increased burdens on State court 
     systems, with modifications.
       Section 210603--Senate recedes to House proposal to make 
     money from the Violent Crime Reduction Trust Fund available 
     to fund activities authorized by the Brady Handgun Violence 
     Prevention Act and the National Child Protection Act of 1993.
       Section 103(k) of the ``Brady Bill'' authorizes ``such sums 
     as are necessary'' for the Attorney General to establish a 
     ``national instant criminal background check system.'' 
     Section 106(b) of ``Brady'' authorizes $200 million for 
     grants to States for the improvement of criminal records. 
     Section 4(b) of the National Child Protection Act of 1993 
     authorizes $20 million for grants to States for the 
     improvement of criminal records regarding child abuse. The 
     Conference Report provides that a total of $150 million may 
     be appropriated from the Trust Fund for these purposes.

               TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

       House recedes to Senate sections 1901-03, motor vehicle 
     theft prevention.

                     TITLE XXIII--VICTIMS OF CRIME

       Senate sections 901-02, 912-17, crime victims, recede to 
     House sections 101-21, with the following modifications: 
     allocations of funds are changed to 48.5%, 48.5%, and 3%; the 
     report on battered women's syndrome is moved to title IV, 
     Violence Against Women. House section 101, with a conforming 
     amendment, is enacted pursuant to the Rules Enabling Act. 
     House recedes to Senate section 903, Sense of the Senate 
     regarding Rights to Victims Allocation, with conforming 
     modification. Senate section 3264 is deleted as duplicative. 
     Senate section 911 is deleted because already enacted. House 
     recedes to Senate proposal to amend 10603(a)(5)(B) of title 
     42, United States Code.

                 TITLE XXIV--PROTECTION FOR THE ELDERLY

       Section 240001--House recedes to Senate section 2001, 
     Missing Alzheimer's Disease Patient Alert Program.
       Section 240002--House recedes to Senate section 2002, 
     crimes against the elderly.

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

       Sections 250001-05, 250008--House recedes to Senate 
     sections 3901-03, 3905-07 and 3910, Senior Citizens Against 
     Marketing Scams (SCAMS), with modifications. Senate section 
     3904 recedes to House.
       Section 250006--House recedes to Senate section 2103, mail 
     fraud. Senate section 3908 is deleted as duplicative.
       Section 250007--House recedes to Senate section 2102, 
     Consumer Protection Against Credit Card Fraud Act. Senate 
     section 3909 is deleted as duplicative.
       The Conferees note that Congress has found with regard to 
     this issue the following: Unprecedented Federal law 
     enforcement investigations have uncovered a national network 
     of illicit telemarketing operations; most of the 
     telemarketing industry is legitimate, employing over 
     3,000,000 people through direct and indirect means; illicit 
     telemarketers, however, are an increasing problem which 
     victimizes our nation's senior citizens in disproportionate 
     numbers; interstate telemarketing fraud has become a problem 
     of such magnitude that the resources of the Department of 
     Justice are not sufficient to ensure that there is adequate 
     investigation of, and protection from, such fraud; 
     telemarketing differs from other sales activities in that it 
     can be carried out by sellers across State lines without 
     direct contact; telemarketers can also be very mobile, easily 
     moving from State to State; it is estimated that victims lose 
     billions of dollars a year as a result of telemarketing 
     fraud; consequently, this legislation is intended to enhance 
     Federal law enforcement resources, ensure adequate punishment 
     for telemarketing fraud, and educate the public.

           TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

       Senate sections 1721-30 recede to House sections 3026-27, 
     Commission to Support Law Enforcement, with modifications.

TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON 
                      CRIME PREVENTION AND CONTROL

       House sections 1643-51 and 2601-07 recede to Senate 
     sections 1701-18, 1741-49 and 3241-49 with a modification to 
     establish a National Commission on Crime Prevention and 
     Control charged with developing a comprehensive proposal for 
     preventing and controlling crime and violence in America. 
     This Commission must establish committees or task forces for 
     the following specific purposes: one to focus on crime and 
     violence generally, one to focus on the causes of the demand 
     for drugs, one to focus on violence in schools, and one to 
     focus on violence against women. House recedes to Senate 
     sections 1731-32, Presidential Summit on Violence, with 
     modification.

                  TITLE XXVIII--SENTENCING PROVISIONS

       Section 280001--House recedes to Senate section 2401, 
     imposition of a sentence.
       Section 280002--House recedes to Senate section 2402, 
     technical amendment to mandatory conditions of probation.
       Section 280003--House section 1701 recedes to Senate 
     section 2409, Hate Crime Sentencing.
       Section 280004--House recedes to Senate section 2501, 
     authorization of probation for petty offenses in certain 
     cases.
       Section 280005--House recedes to Senate section 5152 with 
     modifications to create three full-time vice chairs of the 
     U.S. Sentencing Commission, and to specify that of the three 
     vice chairs, no more than two shall be of the same political 
     party.
       Section 280006--Senate recedes to House section 3092, 
     Cocaine Penalty Study.
       Senate section 2405, mandatory minimums for use or 
     possession of firearm during a State crime, recedes to House.
       Senate section 2502, trial by a magistrate in petty cases, 
     recedes to House.

                       TITLE XXIX--COMPUTER CRIME

       House recedes to Senate section 2601, computer crime, with 
     minor modifications.

  TITLE XXX--PROTECTION OF PRIVACY INFORMATION IN STATE MOTOR VEHICLE 
                                RECORDS

       Senate sections 3101-03, Driver's Privacy Protection Act, 
     recede to House sections 2901-03 with modifications.
       This title prohibits the release and use of certain 
     personal information except under certain circumstances. One 
     of these exceptions, found in subsection (b)(3), permits 
     disclosures where a person or entity is seeking correct 
     information about an individual who presented false 
     information or information that is no longer correct, ``but 
     only for the purpose of preventing fraud by, pursuing legal 
     remedies against, or recovering on a debt or security 
     interest against, the individual.''
       Some State motor vehicle departments may require requestors 
     seeking to use this exception to certify or state the purpose 
     for which the information is being sought. While in most 
     cases this practice by the State will not give rise to 
     further concern, it could pose a problem for debt collectors 
     covered under the Fair Debt Collection Practices Act (FDCPA). 
     Section 804 of the FDCPA provides: ``Any debt collector 
     communicating with any person other than the consumer for the 
     purpose of acquiring location information about the consumer 
     shall . . . (2) not state that such consumer owes any debt.''
       The interaction of section 804(2) of the FDCPA and 
     subsection (b)(3) of the Driver's Privacy Protection Act 
     could be interpreted as barring a covered debt collector from 
     indicating to a State DMV that it was seeking information for 
     a permitted purpose, thereby barring the debt collector from 
     receiving information crucial to collecting a debt.
       This was clearly not the intention of the drafters of the 
     legislation and it is not the intention of the Conferees. To 
     the contrary, the drafters of the legislation and the 
     Conferees intend for debt collectors to be able to obtain 
     motor vehicle record information without violating section 
     804(2) of the FDCPA. In this case, the purpose of disclosing 
     the existence of a debt is solely to establish the basis for 
     receiving DMV data, not to harass the debtor. Therefore, the 
     Conferees believe that a statement that the information is 
     being sought for the purposes of recovering on a debt would 
     not violate section 804(2). In addition, the Conferees 
     believe it would be adequate for debt collectors under (b)(3) 
     to state that they are ``pursuing legal remedies against . . 
     . the individual,'' as provided in (b)(3), without stating 
     that the legal remedies related to a debt. The Conferees 
     believe that such a statement would not violate section 804 
     of the FDCPA, which is intended to prevent debt collectors 
     from harassing a consumer by telling third parties that the 
     consumer owes a debt. The Conferees believe that a collector 
     is in no way harassing a consumer by telling a State DMV that 
     information is sought in connection with ``pursuing legal 
     remedies.''
       The opportunity to prohibit disclosure of personal 
     information under (b)(11) and (b)(12) does not have to be 
     provided each time a request for such information is made. 
     Instead, the opportunity to prohibit these disclosures should 
     be provided at the time an individual registers for or renews 
     his or her driver's license, title registration or identity 
     card and at any other time an individual contacts the State 
     on his or her own initiative to prohibit such disclosures.
       Under subsection (b)(13), any requestor may obtain access 
     to an individual's personal information if the requestor has 
     obtained written consent from the individual whose personal 
     information is sought. The Conferees intend that each State 
     must provide that the requestor's demonstration include a 
     written consent that has been notarized.

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

       Sections 310001-02--House recedes to Senate sections 1352-
     54 with modifications as follows: (1) the trust fund covers 
     fiscal years 1995-2000 and totals $30.210 billion; (2) annual 
     outlays from trust fund appropriations are subject to limits 
     enforceable through sequestration procedures similar to those 
     applied under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 to appropriations in the regular budget 
     process; and (3) the limitations on the number of total 
     Federal Government personnel is deleted because it has 
     already been enacted into law (Federal Workforce 
     Restructuring Act of 1994, P.L. 103-226).
       Section 310003--Senate recedes to House proposal to provide 
     for the extension of authorizations of appropriations.
       This section is an ``authorization extender'' provision 
     intended to assure the complete and efficient use of all 
     authorizations contained in the Report and all monies 
     transferred into the Violent Crime Reduction Trust Fund. 
     Under this provision, if the amount appropriated from the 
     Trust Fund for a given program in a particular fiscal year is 
     less than the amount authorized for that program in that 
     year, the unused portion of the authorization remains 
     available for use for that program in later fiscal years.
       For example, if $100 million is authorized for program 
     ``A'' for fiscal year 1996 but only $75 million is actually 
     appropriated, the remaining $25 million will be available for 
     appropriations from the Trust Fund in fiscal years 1997 and 
     beyond for that program. The $25 million in authorizations 
     ``extended'' beyond fiscal year 1996 need not all be used in 
     fiscal year 1997; it remains available until funds are 
     appropriated for such authorizations.
       Section 310004--Senate recedes to House proposal to provide 
     for flexibility in making appropriations.
       This Section provides ``transfer authority'' to give the 
     Appropriations Committees some flexibility in allocating 
     appropriations from the Trust Fund among the programs 
     included within each of three specified functional 
     categories. Under these provisions, the $30.2 billion in 
     authorizations contained in the Report is divided into the 
     following categories: (1) State and Local Law Enforcement, 
     (2) Federal Law Enforcement and (3) Prevention. Within each 
     of these categories, the Appropriations Committees will, in 
     any fiscal year, be permitted to transfer up to 10 percent of 
     the authorization for a particular program to any other 
     program within the same category.
       For example, within the ``Federal law enforcement'' 
     category, the Appropriations Committees could decrease the 
     fiscal year 1996 authorization for program ``A'' by up to 10 
     percent and transfer that money to program ``B'' by 
     increasing the authorization for ``B'' by the dollar amount 
     subtracted from ``A''.
       The transfer authority provided in the Conference Report is 
     subject to three additional limitations (1) the aggregate 
     amount of authorizations transferred away from a program over 
     the life of the Trust Fund may not exceed 10 percent of the 
     program's total authorization; (2) transfer authority may not 
     be used to increase total authorizations for any of the three 
     categories for any fiscal year above the level authorized for 
     that category by the Report; and (3) no transfers between 
     categories are permitted, e.g., authorizations for 
     ``Prevention'' programs may not be transferred to ``Federal 
     Law Enforcement'' programs.
       The following is a list of the programs included in each of 
     the three broad functional categories:


                        FEDERAL LAW ENFORCEMENT

       (1) Authorization of Additional Appropriations for the 
     Federal Judiciary, Section 190001(a)
       (2) Authorization of Additional Appropriations for the 
     Department of Justice, Section 190001 (b)
       (3) Authorization of Additional Appropriations for the 
     Federal Bureau of Investigation, Section 190001 (c)
       (4) Authorization of Additional Appropriations for United 
     States Attorneys, Section 190001 (d)
       (5) Authorization of Additional Appropriations for the 
     Department of the Treasury, Section 190001 (e)
       (6) National Center for Criminal Justice Research and 
     Education, Section 320925
       (7) Gang Investigation Coordination and Information 
     Collection, Section 150008
       (8) Motor Vehicle Theft Prevention, Section 220002
       (9) Criminal Alien Tracking Center, Section 130002
       (10) Expeditious Deportation for Denied Asylum Applicants, 
     Section 130005
       (11) Improving Border Controls, Section 130006
       (12) Expanded Special Deportation Proceedings, Section 
     130007
       (13) FBI and U.S. Attorney activities regarding Senior 
     Citizens Against Marketing Scams, Section 250005
       (14) FBI Activities Regarding DNA, Sections 210303-210306
       (15) Agents for the Drug Enforcement Administration, 
     Section 180104
       (16) Presidential Summit on Violence and National 
     Commission on Crime Prevention and Control, Section 270009


                    STATE AND LOCAL LAW ENFORCEMENT

       (1) Public Safety and Policing, Sections 10001-10003
       (2) Law Enforcement Family Support, Section 210201
       (3) Availability of Violent Crime Reduction Trust Fund to 
     fund activities authorized by the Brady Handgun Violence 
     Protection Act and the National Child Protection Act of 1993, 
     Section 210603
       (4) Rural Law Enforcement Agencies, Section 180101
       (5) Rural Drug Enforcement Training, Section 180103
       (6) Community-based Justice Grants for Prosecutors, 
     Sections 31701-31708
       (7) Federal assistance to State court systems, Section 
     210602
       (8) Police Recruitment, Sections 30801-30802
       (9) DNA Grants to States, Section 210302
       (10) Improved training and technical automation, Section 
     210501
       (11) Extension of Byrne Grant Program, Section 210101
       (12) Criminal Justice and Substance Abuse Treatment 
     Training, Section 320930
       (13) Violent Offender Incarceration and Truth-in-Sentencing 
     Incentive Grants, Sections 20101-20109
       (14) Incarceration of Undocumented Criminal Aliens, Section 
     20301
       (15) Prevention, Diagnosis, and Treatment of Tuberculosis 
     in Correctional Institutions, Section 32201
       (16) Certainty of Punishment for Young Offenders, Section 
     20201


                               prevention

       (1) Drug Courts, Section 50001
       (2) Ounce of Prevention, Sections 30101-30104
       (3) Youth Employment and Skills Crime Prevention, Section 
     30201
       (4) Model Intensive Grants, Sections 30301-30307
       (5) Family and Community Endeavor Schools Grant Program and 
     Community Schools Youth Services and Supervision Grant 
     Program, Sections 30401-30403
       (6) Police Partnerships for Children and Grants for Police 
     Residence in High Crime Areas, Sections 30501-30505
       (7) Midnight Sports, Section 30601
       (8) Assistance for Delinquent and At-Risk Youth, Sections 
     30701-30702
       (9) National Triad Program, Sections 30901-30906
       (10) Local Partnership Act, Sections 31001-31002
       (11) National Community Economic Partnership, Sections 
     31101-31133
       (12) Gang Prevention Services for Boys and Girls, Sections 
     31201-31207
       (13) Olympic Youth Development Centers, Section 31301
       (14) Anti-Crime Youth Councils, Sections 31401-31405
       (15) Urban Recreation and At-Risk Youth, Sections 31501-
     31505
       (16) Boys and Girls Clubs in Public Housing, Sections 
     31601-31603
       (17) Child Safety, Sections 31801-31808
       (18) Family Unity Demonstration Project, Sections 31901-
     31922
       (19) Substance Abuse Treatment in Federal Prisons, Section 
     32001
       (20) Substance Abuse Treatment for State Prisoners, Section 
     32101
       (21) Hope in Youth Program, Sections 32301-32307
       (22) Gang Resistance Education and Training, Section 32401
       (23) Federal Victim's Counselors, Section 40114
       (24) Grants to Combat Violent Crimes Against Women, Section 
     40121
       (25) Education and Prevention Grants to Reduce Sexual 
     Assaults Against Women, Section 40151
       (26) Training Programs, Section 40152
       (27) Education and Prevention Grants to Reduce Sexual Abuse 
     of Runaway, Homeless, and Street Youth, Section 40155
       (28) Victims of Child Abuse Programs, Section 40156
       (29) National Domestic Violence Hotline, Section 40211
       (30) Encouraging Arrest Policies in Domestic Violence 
     Cases, Section 40231
       (31) Battered Women Shelters, Section 40241
       (32) Youth Education and Domestic Violence, Section 40251
       (33) Community Programs on Domestic Violence, Section 40261
       (34) Study on State Databases, Section 40292
       (35) Study on Number and Cost of Domestic Violence 
     Injuries, Section 40293
       (36) Rural Domestic Violence and Child Abuse Enforcement 
     Assistance, Section 40295
       (37) Education and Training for Judges and Court Personnel 
     in State Courts, Sections 40411-40414
       (38) Education and Training for Judges and Court Personnel 
     in Federal Courts, Sections 40421-40422
       (39) National Baseline Study on Campus Sexual Assault, 
     Section 40506
       (40) National Stalker and Domestic Violence Reduction, 
     Sections 40601-40611
       (41) Juvenile Drug Trafficking and Gang Prevention Grants, 
     Section 150004
       (42) Grants for Youth Development Centers, Section 150005
       (43) Missing Alzheimer's Disease Patient Alert Program, 
     Section 240001
       (44) Safe Senior Corridors Grants, Section 240003

                       TITLE XXXII--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

       Section 320101--House recedes to Senate section 2901, 
     increased penalties for assault.
       Section 320102--House recedes to Senate section 2902, 
     increased penalties for manslaughter.
       Section 320103--House recedes to Senate section 2903, 
     increased penalties for civil rights violations.
       Section 320104--Senate section 2904(a) recedes to House 
     section 3051, Penalties for Trafficking in Counterfeit Goods 
     and Services; House recedes to Senate section 2904(b), 
     laundering monetary instruments.
       Section 320105--House recedes to Senate section 2905, 
     penalty for committing murder for hire.
       Section 320106--House recedes to Senate section 2907, 
     increased penalties for arson, with modifications to delete 
     mandatory minimum and increase the maximum penalty range.
       Section 320107--House recedes to Senate section 616, 
     increased penalties for drug trafficking near public housing. 
     Senate section 1503 is deleted as duplicative.
       Section 320108--House recedes to Senate section 5105, 
     penalties for nonindigenous species, with modifications.
       Section 320109--Senate recedes to House section 3056, 
     military medals and decorations.
       Senate section 2967, balance in the criminal justice 
     system, recedes to House.

      Subtitle B--Extension of Protection of Civil Rights Statutes

       Section 320201--House recedes to Senate section 2911, 
     extension of civil rights statutes.

                      Subtitle C--Audit and Report

       Sections 320301-02--House recedes to Senate sections 2921-
     22, audit and report.

                        Subtitle D--Coordination

       Section 320401--House recedes to Senate section 5166, 
     coordination of treatment and prevention programs.

                          Subtitle E--Gambling

       Section 320501--House recedes to Senate section 2932, 
     clarifying amendment regarding scope of prohibition against 
     gambling on ships in international waters, with technical 
     modifications.
       Senate section 2931, enforcement of laws relating to 
     gaming, recedes to House.

               Subtitle F--White Collar Crime Amendments

       Section 320601--House recedes to Senate section 2941, 
     receiving proceeds of extortion or kidnapping.
       Section 320602--House recedes to Senate section 2942, 
     receiving the proceeds of a postal robbery.
       Sections 320603-04--Senate section 2101 recedes to House 
     sections 401-02, Insurance Fraud.
       Sections 320605-06--House recedes to Senate sections 2201-
     03, Financial Institution Fraud.
       Section 320607--House recedes to Senate section 2944, 
     addition of predicate offenses.
       Section 320608--House recedes to Senate section 2945, 
     definition of savings & loan.
       Section 320609--House recedes to Senate section 2946, 
     definition of 1-year sentence.
       Senate section 2943 recedes to House.
       Senate sections 3801-21, enhanced penalties for health care 
     fraud enforcement efforts, recede to House.
       Senate section 2301, savings and loan task force, recedes 
     to House.
       Senate sections 4401-04, public corruption, recede to 
     House.
       Senate section 2204 recedes to House.
       Senate section 5146, Bankruptcy, recedes to House.

              Subtitle G--Safer Streets and Neighborhoods

       Sections 320701-02--House recedes to Senate sections 2951-
     52, Safer Streets and Neighborhoods, with technical 
     modifications.

                Subtitle H--Recreational Hunting Safety

       House recedes to Senate sections 4601-08, Recreational 
     Hunting Safety, with modifications.
       The conference report contains a modified version of Title 
     XLVI of the Senate amendment, the Recreational Hunting Safety 
     and Preservation Act of 1994. The purpose of this subtitle is 
     to protect the safety and rights of persons to lawfully 
     engage in hunting and fishing activities on Federal land.
       In fashioning the provisions of this subtitle, the 
     Conferees took care to not infringe on the first amendment 
     right of free speech. The civil penalty provisions of this 
     subtitle only apply to intentional physical conduct that 
     significantly hinders a lawful hunt. Conduct is defined to 
     exclude any activity protected by the first amendment. None 
     of the provisions of this subtitle are intended to affect or 
     limit in any way first amendment rights. Nor does the 
     subtitle affect Federal land managers' existing authority to 
     subject speech to reasonable regulation as to time, place and 
     manner to the extent it is Constitutionally permissible.
       In the interest of clarity, the Conferees have adopted a 
     concise standard of violation, defined as intentional 
     physical conduct that significantly hinders a lawful hunt. 
     The Conferees intend that the physical conduct and the 
     hinderance by considered as unitary; that is, both must be 
     intentional. In other words, the conduct must be intentional, 
     and must be done with the intention of significantly 
     hindering a lawful hunt. A violation only occurs if the 
     hinderance is significant; that is, it must have a negative 
     influence or effect. The Conferees intend this to mean that 
     incidental conduct which has de minimis effect on a hunt 
     would not violate this subtitle.
       With the principles described above in mind, examples of 
     violations of this subtitle would include, but not be limited 
     to, driving or disturbing wildlife; blocking or impeding 
     hunters; using visual, aural, olfactory, or physical stimuli 
     to affect wildlife behavior; erecting barriers to deny 
     ingress or egress to areas where a lawful hunt takes place; 
     placing a person or object in the line of fire; taking, 
     disturbing or damaging property, such as a hunting blind; 
     abusing a hunting dog; or other conduct intended to slow or 
     make difficult the progress of a lawful hunt.

                      Subtitle I--Other Provisions

       Section 320901--House recedes to Senate section 2965, 
     wiretaps, with technical modification.
       Section 320902--House recedes to Senate section 2966, theft 
     of major artwork, with modifications.
       Section 320903--House recedes to Senate section 2969, 
     addition of attempted robbery, kidnapping, smuggling and 
     property damage offenses.
       Section 320904--House recedes to Senate section 2972, to 
     include findings with respect to the gun-free school zone 
     provisions of the Crime Control Act of 1990.
       Section 320905--House recedes to Senate section 5109, 
     interstate wagering.
       Section 320906--Senate recedes to House section 3005 with 
     technical modifications. The Conferees note that Congress 
     finds with regard to this section that 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 of commerce by transporting all types of 
     commodities that enter, leave, or move within this country. 
     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. As 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. 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. 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. 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.
       Section 320907--House recedes to Senate section 5148 with 
     technical modifications. The Conferees note the Senate finds 
     with regard to this section that: (1) the National Center for 
     Health Statistics has reported that the out-of-wedlock birth 
     rate reached 29.5 percent in 1991 (66.3 percent in Washington 
     DC., 71.0 percent in Detroit); (2) the out-of-wedlock birth 
     rate has increased without interruption since 1970, and, as 
     pointed out recently by George Will, ``the rate of increase 
     is not slowing even at extraordinary levels''; (3) Dr. Lee 
     Rainwater of Harvard University predicts that the rate will 
     reach 40 percent within 7 years; (4) Professor James Q. 
     Wilson has described the erosion of the family structure in 
     the United States and Western nations as ``a major cultural 
     convulsion'' that is inextricably associated with the rise of 
     violent urban crime; (5) President Clinton has stated on the 
     national television program ``Meet the Press'' that there is 
     ``absolutely'' a correlation between crime and drugs and the 
     breakdown of the family.
       Section 320908--House recedes to Senate section 5106 with 
     technical modifications. The Conferees note the Senate finds 
     with regard to this section that (1) international criminal 
     activity has increased dramatically over the past decade and 
     has been facilitated by modern developments in transportation 
     and communications, relaxed travel restrictions, and the 
     greatly increased volume of international trade; (2) The 
     expansion of international criminal activity is reflected in 
     the growth of requests for mutual legal assistance and 
     extradition made between the United States and other 
     countries, the number of such requests having increased from 
     535 in 1984 to 2,238 in 1992; (3) The global reach of 
     organized crime constitutes a serious threat to the security 
     and stability of sovereign nations; (4) the expanding scope 
     of international organized crime necessitates greater 
     cooperation among nations to prosecute and eliminate 
     organized criminal groups; (5) there is an urgent need for 
     new approaches to allow the international law enforcement 
     community to pursue international criminals across national 
     boundaries; (6) The United Nations Convention Against Illicit 
     Traffic in Narcotic Drugs and Psychotropic Substances has 
     helped bring about improved international cooperation with 
     respect to narcotics; (7) The current role of the United 
     Nations with respect to international organized crime is 
     limited by the lack of a binding international convention 
     dealing with the broad range of organized criminal activity 
     beyond narcotics; (8) The United Nations Commission on Crime 
     Prevention and Criminal Justice has successfully facilitated 
     the negotiation and implementation of mutual legal assistance 
     and extradition treaties between certain nations, and has 
     helped train nations to effectively execute the terms of such 
     treaties; (9) The United Nations Commission on Crime 
     Prevention and Criminal Justice currently has limited 
     authority and resources.
       Section 320909--House recedes to Senate section 2961, 
     optional venue for espionage.
       Section 320910--House recedes to Senate section 2962, 
     undercover operations.
       Section 320911--House recedes to Senate section 2968, 
     misuse of DEA initials.
       Section 320912--House recedes to Senate section 2970, 
     definition of livestock, with modification.
       Section 320913--House recedes to Senate section 5155, asset 
     forfeiture.
       Section 320914--House recedes to Senate section 5156, 
     clarification of court.
       Section 320915--House recedes to Senate section 5164. The 
     Conferees note that the Senate has found regarding this 
     provision that we are losing control of our streets and our 
     neighborhoods to gangs, drugs and violent crime; Americans 
     tolerate a level of violence 5 times that of Canada and 10 
     times that of England; this bill establishes a Violent Crime 
     Reduction Trust Fund. The conference report authorizes the 
     revenues to fund the Trust Fund be derived from savings 
     resulting from a reduction in Federal personnel; and the 
     Federal law enforcement agencies charged with carrying out 
     the provisions of this Act will require substantial manpower 
     to implement the Act.
       Section 320916--Senate recedes to House section 3041, 
     traveler protection.
       Section 320917--House recedes to Senate section 2971, 
     extension of statute of limitations for arson, with 
     modifications.
       Section 320918--House recedes to Senate section 1603, Sense 
     of Congress concerning child custody and visitation rights.
       Section 320919--Senate recedes to House section 3048, 
     Edward Byrne Memorial Formula Grant Program.
       Section 320920--House recedes to Senate section 5127, Law 
     Day USA with modification. The Conferees note that the Senate 
     has found with regard to this program that the first day of 
     May each year has been designated as ``Law Day U.S.A.'' and 
     set aside as a special day to advance equality and justice 
     under law, to encourage citizens' support for law enforcement 
     and law observance, and to foster respect for law and an 
     understanding of the essential place of law in the life of 
     every citizen of the United States; each day police officers 
     and other law enforcement personnel perform their duties 
     unflinchingly and without hesitation; each year tens of 
     thousands of law enforcement personnel are injured or 
     assaulted in the course of duty and many are killed; law 
     enforcement personnel are devoted to their jobs, are 
     underpaid for their efforts and are tireless in their work; 
     and law enforcement personnel perform their duties without 
     adequate recognition.
       Section 320921--House recedes to Senate section 5154 with 
     modifications. This section ensures that a defendant 
     convicted for the first time will attend an appropriate 
     rehabilitation program. The Conferees intend that the courts 
     ensure that defendants who may suffer from organic brain 
     damage or severe mental illness are referred to the most 
     appropriate rehabilitative care addressing their specific 
     needs. Further, any rehabilitation program may refer the 
     defendant back to the court if it determines that its program 
     is inappropriate for the defendant.
       Section 320922--Senate recedes to House section 3001, 
     Display of Flags at Half Staff.
       Section 320923--Senate recedes to House section 3011, 
     Financial Institution Fraud.
       Section 320924--House recedes to Senate section 5114, 
     definition of parent.
       Section 320926--House recedes to Senate section 5123, Hate 
     Crime Statistics Act.
       Section 320927--Senate recedes to House proposal exempting 
     return of handgun to owner from Brady background check 
     requirement.
       Section 320928--House recedes to Senate sections 811-16, 
     Protection of Children, the Elderly, and Individuals with 
     Disabilities, with modifications to delete already enacted 
     provisions and with other modifications.
       Section 320929--Senate recedes to House proposal regarding 
     Tennessee Valley Authority Law Enforcement.
       Section 320932--House recedes to Senate section 5162, 
     Assistant United States Attorney Residency, with modification 
     to 25 miles.
       Section 320933--Senate recedes to House section 3086 with 
     modifications.
       Section 320934--Senate recedes to House proposal regarding 
     non-dischargeability.
       Section 320935--House recedes to Senate section 831 with 
     modifications.
       Senate section 5128, treatment of Indian tribes, recedes to 
     House because Indian tribal governments are incorporated 
     throughout the bill.
       Senate section 5133, Control and Prevention of Crime in 
     Indian Country, recedes to House because Indian Tribes are 
     incorporated throughout the bill.
       Senate section 5151, Supreme Court marshals and police, 
     deleted because already enacted.
       Senate section 5116, parental accountability, recedes to 
     House.
       Senate section 5108, Report on Success of Royal Hong Kong 
     Police Recruiting, recedes to House.
       Senate section 5147 recedes to House. The Conferees note 
     that the substance of this provision is included in the 
     provisions for alternative punishment for young offenders.
       Senate section 5145, Children and Youth Utilizing Federal 
     Land, recedes to House.
       Senate section 5104 recedes to House.
       Senate section 5134, extension of RTC statute of 
     limitations, recedes to House.
       House sections 3061-62, Age Discrimination in Employment, 
     recede to Senate.
       House section 1098B, Benefit for Chaplains, recedes to 
     Senate because Senate budget point of order lies against this 
     section.
       Senate sections 2801-03, Safe Schools, are deleted because 
     already enacted.
       Senate sections 1011-12, community substance abuse 
     prevention, recede to House.
       House section 1605 recedes to Senate.

                  TITLE XXXIII--TECHNICAL CORRECTIONS

       Sections 330001-025--Senate sections 3001-13 recede to the 
     technical corrections found in H.R. 3131 with conforming 
     changes and additional technical corrections.
     Jack Brooks,
     Don Edwards,
     Bill Hughes,
     Charles Schumer,
     John Conyers,
     Pat Schroeder,
     Barney Frank,
     Michael N. Castle,
     As additional conferees from the Committee on Agriculture, 
     for consideration of sections 4601-08, 5105, and 5145 of the 
     Senate amendment, and modifications committed to conference:
     E de la Garza,
     Charlie Rose,
     Charlie Stenholm,
     Pat Roberts,
     Richard Pombo,
     As additional conferees from the Committee on Banking, 
     Finance and Urban Affairs, for consideration of sections 
     2201-04, 2301, and 4901-33 of the Senate amendment, and 
     sections 1031(b), 1038, and 1099AA-1099CC of the House 
     amendment, and modifications committed to conference:
     Henry Gonzalez,
     Stephen Neal,
     Bruce F. Vento,
     As additional conferees from the Committee on Education and 
     Labor, for consideration of sections 631-33, 662(e), 662(f), 
     811-16, 921-28, 1121-50, 1331, 2801-03, 3261, 3263, 3311, 
     3341, 3351, 3361, 3381-83, 3501, 3707, 4001-09, 4301-04, 
     4701-02, 4801-09, 4901-33, 5120, 5122, 5135, 5140, 5142-43, 
     and 5147 of the Senate amendment, and sections 1010-26, 1030-
     34, 1038, 1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-
     1099O, 1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f), 
     2201-02, 2701-39, 3061-62, 3089-90, of the House amendment, 
     and modifications committed to conference:
     William D. Ford,
     Dale E. Kildee,
     As additional conferees from the Committee on Energy and 
     Commerce, for consideration of sections 1503-04, 1511-23, 
     1532, 1534-35, 1537, 1902(e), 3101-03, 3261, and 5166 of the 
     Senate amendment, and sections 1010-26, 1041-44, 1606, 2901-
     03, and 3086 of the House Amendment, and modifications 
     committed to conference:
     John D. Dingell,
     Henry A. Waxman,
     Cardiss Collins,
     As additional conferees from the Committee on Government 
     Operations, for consideration of sections 1353-54, 1535, and 
     5150 of the Senate amendment, and sections 1075-76 of the 
     House amendment, and modifications committed to conference:
     Provided, Mr. Spratt and Mr. Kyl are appointed in lieu of Mr. 
     Waxman and Mr. Clinger solely for the consideration of 
     sections 1535 and 5150 of the Senate amendment.
     John M. Spratt, Jr.,
     As additional conferees from the Committee on Merchant Marine 
     and Fisheries, for consideration of sections 713-15, 4601-08, 
     5105, and 5145 of the Senate amendment, and modifications 
     committed to conference:
     Gary E. Studds,
     George Hochbrueckner,
     As additional conferees from the Committee on Natural 
     Resources, for consideration of sections 3232-33, 4601-08, 
     and 5145 of the Senate amndment and sections 1099U-1099Z of 
     the House amendment, and modifications committed to 
     conference:
     George Miller,
     Bruce Vento,
     Karen Shephard,
     Don Young,
     Provided, Ms. English of Arizona is appointed in lieu of Ms. 
     Shepherd solely for the consideration of sections 4601-08 of 
     the Senate amendment.
     Karan English,
     Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd 
     solely for the consideration of sections 1099U-1099Z of the 
     House amendment.
     Maurice Hinchey,
     As additional conferees from the Committee on Post Office and 
     Civil Service, for consideration of sections 1352 and 3371 of 
     the Senate amendment, and modifications committed to 
     conference:
     William Clay,
     Frank McCloskey,
     Eleanor H. Norton,
     Constance Morella,
     As additional conferees from the Committee on Public Works 
     and Transportation, for consideration of sections 1533, 1536, 
     and 3231 of the Senate amendment, and section 1801 of the 
     House amendment and modifications committeed to conference:
     Norman Y. Mineta,
     Nick Rahall,
     Bud Shuster,
     Thomas E. Petri,
     As additional conferees from the Committee on Rules, for 
     consideration of sections 1353-54 of the Senate amendment, 
     and modifications committed to conference:
     Butler Derrick,
     As additional conferees from the Committee on Ways and Means, 
     for consideration of sections 311(b), 1502, 1515-16, 1802, 
     4702(e)(1), 5102, and 5113 of the Senate amendment, and 
     modifications committed to conference:
     Dan Rostenkowski,
     Sam Gibbons,
     J.J. Pickle,
                                Managers on the Part of the House.

     Joseph R. Biden, Jr.,
     Ted Kennedy,
     Howard Metzenbaum,
     Dennis DeConcini,
     Pat Leahy,
     Managers on the Part of the Senate.

                          ____________________