[Congressional Record Volume 141, Number 114 (Friday, July 14, 1995)]
[Senate]
[Pages S9998-S10010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BREAUX:
  S. 1034. A bill to amend the Internal Revenue Code of 1986 to provide 
for a moratorium for the excise tax on diesel fuel sold for or used in 
noncommercial diesel-powered motorboats and to require the Secretary of 
the Treasury to study the effectiveness of procedures to collect excise 
taxes on sales of diesel fuel for noncommercial motorboat use; to the 
Committee on Finance.


                  diesel fuel excise taxes legislation

 Mr. BREAUX. Mr. President, today I am introducing a bill to 
help solve a problem that has made it difficult for recreational 
boaters to obtain diesel fuel on our Nation's waterways. This bill 
would correct the significant unintended problems created by the 
federally mandated diesel fuel dyeing scheme contained in the Omnibus 
Budget Reconciliation Act of 1993. These problems are national in scope 
and affect every area of the country with significant boating activity.
  Under the 1993 changes, fuel that is subject to taxation is clear and 
fuel that is exempt from taxation is dyed. The problem for boaters 
arises because while most marinas have only one fuel tank, they provide 
fuel to both recreational and commercial boats. Commercial boat fuel is 
exempt from any tax and therefore commercial boat operators seek to 
purchase dyed fuel. Recreational fuel is taxable and recreational 
boaters want to purchase clear fuel. Diesel fuel retailers have been 
forced to choose either one, to incur the significant costs and 
regulatory burdens of having separate fuel storage tanks from which to 
pump untaxed--dyed--and taxed--undyed--diesel fuel or two, to pump only 
one type of diesel fuel. Many marina operators can only afford to 
maintain one storage tank. Most marina operators in my State of 
Louisiana find that their primary customer base is made up of 
commercial boaters and they are choosing to sell the dyed fuels. Thus, 
recreational boaters have no place to purchase the clear fuel.
  With diesel fuel unavailable for recreational boaters, there is a 
serious danger that some of these boaters may run out of fuel and 
become stranded before they are able to find a marina that sells clear 
fuel. As a further consequence, many marina operators are finding that 
their diesel fuel sales have declined significantly because they are 
not allowed to sell dyed diesel fuel--the only fuel they have--to 
recreational boaters.
  Mr. President, this is a clear case of unintended consequences. The 
boaters are willing to pay the tax, they simply cannot find a place to 
buy the fuel and pay the tax. The bill I am introducing today addresses 
this problem in a practical manner by:
  Having the Treasury Department asses the effectiveness of various 
procedures for collecting excise taxes on diesel fuel sold for use, or 
used, in recreational boats and report to Congress within 18 months the 
results of the study, including any recommendations.
  Suspending collection of the tax for 2 years while the Treasury 
Department conducts this study.
  Reinstituting the current collection procedure at the end of the 2-
year suspension period if Congress has not enacted legislation to 
create a new collection procedure.
  Mr. President, I believe that this legislation is necessary to 
increase the availability of diesel fuel to recreational boaters across 
the country. Passage of this legislation will ultimately lead to 
improved collection of the diesel fuel tax, prevent a potentially 
dangerous safety hazard to recreational boaters, and improve the 
economic viability of many marine fuel retailers. I urge my colleagues 
to join me in moving this bill forward as soon as possible.
 Mr. CHAFEE. Mr. President, I am pleased to join my colleague 
from Louisiana, Senator Breaux, in introducing legislation imposing a 
2-year moratorium on the collection of the boat diesel fuel tax. this 
tax has caused diesel fuel shortages across this country.
  The Omnibus budget Reconciliation Act of 1993 changed the collection 
point for the excise tax on diesel fuel. Imposition of the tax was 
moved from the producer or importer to the terminal rack--the place in 
the distribution chain where fuel retailers, for example, service 
stations and boat docks, get their fuel. This change made collecting 
the diesel fuel tax similar to the system used for gasoline taxes. The 
intent in making this change was to improve taxpayer compliance and 
assist the Internal Revenue Service with administering the diesel fuel 
tax.
  Mr. President, collection the tax at the terminal rack works well for 
gasoline because all of the uses of that fuel are taxable. That is not 
true for diesel fuel. Home heating oil, which is essentially diesel 
fuel, is not taxable. Also, diesel fuel used by commercial boaters is 
not subject to the tax.
  Together with moving the collection point of the tax, a dyeing scheme 
was set up to differentiate diesel fuel on which tax has been paid from 
fuel which has not been taxes. Dyeing is an important enforcement tool 
because of the variety of uses of diesel fuel.
  Mr. President, I fully support efforts to increase compliance with 
our tax laws. However, in administering our tax laws, we must be aware 
of the problems we create. Let me give you a real life example of the 
problem this tax has created.
  Diesel fuel powers many types of boats, the vast majority being 
commercial boats--such as fishing vessels. Diesel fuel sold to 
commercial boaters is exempt from the tax, but the same fuel used in a 
recreational boat is taxable. Under the current collection scheme, fuel 
sold to the recreational boater must be clear because tax has been paid 
on that fuel. Fuel sold to the commercial boater must be dyed to show 
that no tax has been paid. Under no circumstances may dyed fuel be sold 
to 

[[Page S9999]]
someone who is subject to the tax, even if the retailer collects the 
tax and remits it to the Federal Government.
  The obvious problem created by this arrangement is that a marina or 
dock that services both commercial and recreational boaters must have 
two separate storage tanks to service these customers. It may not be 
economically feasible to install a new tank, and often it is physically 
impossible to do so. The marina has few options available to it to get 
around this problem. One solution is to buy dyed fuel for its 
commercial boaters and forfeit the pleasure boat business. An 
alternative is to buy undyed--taxed--fuel, pass the tax on to all of 
its customers and leave it to those who are exempt from the tax to 
apply for a refund. Commonly cash flow problems associated with this 
second option cause undue economic hardship for commercial boaters.
  The anecdotal evidence suggests that marinas simply are dropping 
their recreational boat fuel business, because sales to commercial 
boaters dominate the market. It is this reality of the marketplace that 
has sent recreational boaters scrambling to find fuel.
  The legislation introduced by Senator Breaux and me imposes a 2-year 
moratorium on the collection of the boat diesel excise tax. It also 
requires the Treasury Department to study the various options for 
collecting the tax and to report its findings to the Ways and Means and 
Finance Committees. In performing this study, Treasury is specifically 
instructed to consult with boat owners and diesel fuel retailers. It is 
our hope that this study will identify ways to modify the current 
collection system in a way that will ensure compliance without creating 
the problems boaters are facing today.
  Mr. President, I urge my colleagues to cosponsor this 
legislation.
                                 ______

      By Mr. DASCHLE (for himself, Mr. Dole, Mr. Harkin, Mr. Hatch, Mr. 
        Grassley, Mr. Pell, Mr. Hatfield, Mr. Simon, and Mr. Reid):
  S. 1035. A bill to permit an individual to be treated by a health 
care practitioner with any method of medical treatment such individual 
requests, and for other purposes; to the Committee on Labor and Human 
Resources.


                  the access to medical treatment act

  Mr. DASCHLE. Mr. President, today I am reintroducing the Access to 
Medical Treatment Act. I am pleased to be joined by Senators Dole, 
Harkin, Hatch, Grassley, Pell, Hatfield, Simon, and Reid in this effort 
to allow greater freedom of choice in the realm of medical treatments.
  I would be remiss if I did not take a moment to mention one other 
person, someone who has been instrumental in sparking my interest in 
this issue. That person is Berkley Bedell, a former congressman from 
the Sixth District of Iowa. His story was one of the main catalysts in 
my decision to develop the Access to Medical Treatment Act, and 
provides powerful testimony to the need for this type of legislation.
  As did a number of us in the Senate, I had the privilege of serving 
with Congressman Bedell for several years in the House of 
Representatives. During his tenure in the House, he acquired a well-
earned reputation for intellectual honesty and commitment to principle, 
as well as for tilting at the occasional windmill. In more than one 
instance, he appeared out of step with conventional opinion and 
subsequently proved to be ahead of his time.
  As some may remember, Congressman Bedell was ill with Lyme disease 
when he left the House at the end of the 100th Congress. Having tried 
several unsuccessful rounds of conventional treatment consisting of 
heavy doses of antibiotics, the cost of which ran in the thousands of 
dollars, he turned to an alternative treatment that he believes cured 
his disease. This treatment, which is actually a veterinary treatment, 
consisted on its most basic level of nothing more than drinking 
processed whey from a cow's milk. After approximately 2 months of 
taking regular doses of this processed whey, his symptoms disappeared. 
He estimates that the total cost for this alternative treatment was a 
few hundred dollars.
  In spite of Congressman Bedell's amazing recovery, and the fact that 
this same treatment appeared to be effective in some cases of Lyme 
disease, the treatment can no longer be administered because it has not 
gone through the FDA approval process.
  Not long after he recovered from Lyme disease, Congressman Bedell 
discovered he had prostate cancer. He again found conventional 
treatments to be unsuccessful and turned to alternative medicine. This 
time he had to leave the country to obtain his treatment. Once again, 
however, alternative therapy appears to have been successful thus far--
he has been free of cancer for 5 years.
  Mr. President, there are people in our country who are desperate, as 
was Berkley Bedell, for cures that conventional medicine simply does 
not seem to be able to provide. It is a tragedy that, in a nation that 
considers itself a world leader in the area of health care, many 
potentially helpful alternative treatments remain unavailable to those 
without the financial resources to seek them out abroad.
  The Access to Medical Treatment Act attempts to address this 
situation. Is intent is twofold: First, to allow increased access to 
alternative treatments; and second, to allow increased opportunities 
for the trial of alternative treatments that may prove to be extremely 
effective.
  It will be asked why this legislation is necessary. If a particular 
alternative treatment is so effective, then why can't it simply go 
through the standard FDA approval process?
  The answer is that the time and expense currently required to gain 
FDA approval of a treatment makes it very difficult for all but large 
pharmaceutical companies to undertake such an arduous and
 costly endeavor. The heavy demands and requirements of the FDA 
approval process, and the time and expense involved in meeting them, 
serve to limit access to the potentially innovative contributions of 
individual practitioners, scientists, smaller companies, and others who 
do not have the financial resources to traverse the painstakingly 
detailed path to certification. This system not only forgoes untold 
potential for exploring life-saving treatments, but also serves to 
prevent low-cost treatments from gaining access to the market.

  I want to be absolutely clear, however, that this legislation will 
not dismantle the FDA, undermine its authority, or appreciably change 
current medical practices. It is not meant to attack the FDA or its 
approval process. It is meant to complement it.
  The FDA should--and would under this legislation--remain solely 
responsible for protecting the health of the Nation from unsafe and 
impure drugs. The heavy demands and requirements placed upon treatments 
before they gain FDA approval are important, and I firmly believe that 
treatments receiving the Federal Government's stamp of approval should 
be proven safe and effective.
  The intent of my legislation is merely to extend freedom of choice to 
medical consumers under carefully controlled situations. I believe that 
individuals, especially individuals who face life-threatening 
afflictions for which conventional treatments have proven ineffective, 
should have the option of trying an alternative treatment, so long as 
they have been fully informed of the nature of the treatment and are 
aware that it has not been approved by the FDA. This is a choice that 
is rightly left to the consumer, and not dictated by the Federal 
Government.
  The Access to Medical Treatment Act will allow individuals, under 
certain carefully circumscribed conditions, to obtain medical 
treatments that have not yet been approved by the FDA. The medical 
treatments prescribed under this bill cannot be dangerous to the 
patient. However, given the fact that the very intent of the bill is to 
allow treatments that have not necessarily undergone extensive testing, 
it is possible that a treatment administered under the bill could turn 
out to be a danger to the patient. In such cases, the treatment and its 
adverse effects must be immediately reported to the Secretary of Health 
and Human Services, who must disseminate that information, and the 
treatment cannot be utilized again.
  The bill requires full disclosure to the patient of the treatment's 
contents, potential side effects, and any other information necessary 
to fully meet FDA informed consent requirements. The patient must also 
be informed of the fact that the treatment 

[[Page S10000]]
has not been proven safe and effective by the Federal Government, and 
is required to sign a written statement indicating that he or she has 
been made aware of this information.
  Finally, no advertising claims can be made about the efficacy of a 
treatment by a manufacturer, distributor, or other seller of the 
treatment. Claims may be made by the practitioner administering the 
treatment, but only so long as he or she has not received any financial 
benefit from the manufacturer, distributor, or other seller of the 
treatment. Lastly, a statement made by a practitioner about his or her 
administration of a treatment may not be used by a manufacturer, 
distributor, or other seller to advance the sale of such treatment. I 
ask that the text of the bill be placed into the Record upon the 
completion of my remarks.
  Concerns have been voiced about how this proposal safeguards consumer 
protections. I take seriously these concerns. Individuals are often at 
their most vulnerable when they are in desperate need of medical 
treatment, and that is why it is absolutely critical that a proposal of 
this nature include strong protections to ensure that consumers are not 
subject to charlatans who would prey on their misfortunes and fears for 
personal gain. The Access to Medical Treatment Act is armed with these 
protections.
  The bill requires that a treatment be administered by a properly 
licensed health care practitioner who has personally examined the 
patient. It requires the practitioner to comply fully with FDA informed 
consent requirements. Most importantly, however, the bill strictly 
regulates the circumstances under which claims regarding the efficacy 
of a treatment can be made. It is designed to prohibit all claims by 
individuals for whom the underlying intent of promoting the treatment 
might be linked to personal financial gain.
  What this means is that there can be no marketing of any treatment 
administered under this bill. As such, I see very little incentive for 
anyone to try to use this bill as a bypass to the process of obtaining 
FDA approval. Also, because only properly licensed practitioners are 
able to make any claims at all about the efficacy of a treatment, I see 
very little room for so-called quack medicine. In short, if an 
individual or a company wants to earn a profit off their product, they 
would be wise to go through the standard FDA approval process rather 
than utilizing this legislation.
  Mr. President, I fully realize that there will be significant debate 
over both the concept and content of this legislation. I welcome this 
debate, and am open to changes. If this bill generates the serious 
discussion that I believe these issues merit, then we will have made 
much-needed progress. If that discussion results in action, then I 
believe we will offer hope to thousands who feel they have run out of 
options.
  In essence, this legislation addresses the fundamental balance 
between two seemingly irreconcilable interests: The protection of 
consumers from dangerous treatments and those who would advocate unsafe 
and ineffective medicine--and the preservation of the consumer's 
freedom to choose alternative therapies.
  Some may say that reconciling these two interests is an impossible 
task. I am not convinced of that.
  In any case, the complexity of this policy challenge should not 
discourage us from seeking to solve it. I am convinced that the public 
good will be served by a serious attempt to reconcile these 
contradictory interests, and I am hopeful the discussion generated by 
introduction of this legislation will help point the way to its 
resolution. I welcome anyone who would like to join me in promoting 
this important debate to cosponsor this legislation.
  Mr. President, I firmly believe that our health care delivery system 
should be more receptive to alternative treatments. I am also sensitive 
to the fact that how we accomplish that goal has important 
ramifications that must be thoroughly explored. It is my hope that the 
Access to Medical Treatment Act, and the debate it engenders, will 
serve those ends.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                S. 1035

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Access to Medical Treatment 
     Act''.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) Advertising claims.--The term ``advertising claims'' 
     means any representations made or suggested by statement, 
     word, design, device, sound, or any combination thereof with 
     respect to a medical treatment.
       (2) Danger.--The term ``danger'' means any negative 
     reaction that--
       (A) causes serious harm;
       (B) occurred as a result of a method of medical treatment;
       (C) would not otherwise have occurred; and
       (D) is more serious than reactions experienced with 
     routinely used medical treatments for the same medical 
     condition or conditions.
       (3) Device.--The term ``device'' has the same meaning given 
     such term in section 201(h) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(h)).
       (4) Drug.--The term ``drug'' has the same meaning given 
     such term in section 201(g)(1) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(g)(1)).
       (5) Food.--The term ``food''--
       (A) has the same meaning given such term in section 201(f) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(f)); and
       (B) includes a dietary supplement as defined in section 
     201(ff) of such Act.
       (6) Health care practitioner.--The term ``health care 
     practitioner'' means a physician or another person who is 
     legally authorized to provide health professional services in 
     the State in which the services are provided.
       (7) Label.--The term ``label'' has the same meaning given 
     such term in section 201(k) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(k)).
       (8) Labeling.--The term ``labeling'' has the same meaning 
     given such term in section 201(m) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(m)).
       (9) Legal representative.--The term ``legal 
     representative'' means a parent or an individual who 
     qualifies as a legal guardian under State law.
       (10) Medical treatment.--The term ``medical treatment'' 
     means any food, drug, device, or procedure that is used and 
     intended as a cure, mitigation, treatment, or prevention of 
     disease.
       (11) Seller.--The term ``seller'' means a person, company, 
     or organization that receives payment related to a medical 
     treatment of a patient of a health practitioner, except that 
     this term does not apply to a health care practitioner who 
     receives payment from an individual or representative of such 
     individual for the administration of a medical treatment to 
     such individual.

     SEC. 3. ACCESS TO MEDICAL TREATMENT.

       (a) In General.--Notwithstanding any other provision of 
     law, and except as provided in subsection (b), an individual 
     shall have the right to be treated by a health care 
     practitioner with any medical treatment (including a medical 
     treatment that is not approved, certified, or licensed by the 
     Secretary of Health and Human Services) that such individual 
     desires or the legal representative of such individual 
     authorizes if--
       (1) such practitioner has personally examined such 
     individual and agrees to treat such individual; and
       (2) the administration of such treatment does not violate 
     licensing laws.
       (b) Medical Treatment Requirements.--A health care 
     practitioner may provide any medical treatment to an 
     individual described in subsection (a) if--
       (1) there is no reasonable basis to conclude that the 
     medical treatment itself, when used as directed, poses an 
     unreasonable and significant risk of danger to such 
     individual;
       (2) in the case of an individual whose treatment is the 
     administration of a food, drug, or device that has to be 
     approved, certified, or licensed by the Secretary of Health 
     and Human Services, but has not been approved, certified, or 
     licensed by the Secretary of Health and Human Services--
       (A) such individual has been informed in writing that such 
     food, drug, or device has not yet been approved, certified, 
     or licensed by the Secretary of Health and Human Services for 
     use as a medical treatment of the medical condition of such 
     individual; and
       (B) prior to the administration of such treatment, the 
     practitioner has provided the patient a written statement 
     that states the following:
       ``WARNING: This food, drug, or device has not been declared 
     to be safe and effective by the Federal Government and any 
     individual who uses such food, drug, or device, does so at 
     his or her own risk.'';
       (3) such individual has been informed in writing of the 
     nature of the medical treatment, including--
       (A) the contents and methods of such treatment;
       (B) the anticipated benefits of such treatment;
       (C) any reasonably foreseeable side effects that may result 
     from such treatment;
       (D) the results of past applications of such treatment by 
     the health care practitioner and others; and
       (E) any other information necessary to fully meet the 
     requirements for informed 

[[Page S10001]]
     consent of human subjects prescribed by regulations issued by the Food 
     and Drug Administration;
       (4) except as provided in subsection (c), there have been 
     no advertising claims made with respect to the efficacy of 
     the medical treatment by the practitioner;
       (5) the label or labeling of a food, drug, or device that 
     is a medical treatment is not false or misleading; and
       (6) such individual--
       (A) has been provided a written statement that such 
     individual has been fully informed with respect to the 
     information described in paragraphs (1) through (4);
       (B) desires such treatment; and
       (C) signs such statement.
       (c) Claim Exceptions.--
       (1) Reporting by a practitioner.--Subsection (b)(4) shall 
     not apply to an accurate and truthful reporting by a health 
     care practitioner of the results of the practitioner's 
     administration of a medical treatment in recognized journals, 
     at seminars, conventions, or similar meetings, or to others, 
     so long as the reporting practitioner has no direct or 
     indirect financial interest in the reporting of the material 
     and has received no financial benefits of any kind from the 
     manufacturer, distributor, or other seller for such 
     reporting. Such reporting may not be used by a manufacturer, 
     distributor, or other seller to advance the sale of such 
     treatment.
       (2) Statements by a practitioner to a patient.--Subsection 
     (b)(4) shall not apply to any statement made in person by a 
     health care practitioner to an individual patient or an 
     individual prospective patient.
       (3) Dietary supplements statements.--Subsection (b)(4) 
     shall not apply to statements or claims permitted under 
     sections 403B and 403(r)(6) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).

     SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.

       (a) Health Care Practitioner.--If a health care 
     practitioner, after administering a medical treatment, 
     discovers that the treatment itself was a danger to the 
     individual receiving such treatment, the practitioner shall 
     immediately report to the Secretary of Health and Human 
     Services the nature of such treatment, the results of such 
     treatment, the complete protocol of such treatment, and the 
     source from which such treatment or any part thereof was 
     obtained.
       (b) Secretary.--Upon confirmation that a medical treatment 
     has proven dangerous to an individual, the Secretary of 
     Health and Human Services shall properly disseminate 
     information with respect to the danger of the medical 
     treatment.

     SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.

       If a health care practitioner, after administering a 
     medical treatment that is not a conventional medical 
     treatment for a life-threatening medical condition or 
     conditions, discovers that such medical treatment has 
     positive effects on such condition or conditions that are 
     significantly greater than the positive effects that are 
     expected from a conventional medical treatment for the same 
     condition or conditions, the practitioner shall immediately 
     make a reporting, which is accurate and truthful, to the 
     Office of Alternative Medicine of--
       (1) the nature of such medical treatment (which is not a 
     conventional medical treatment);
       (2) the results of such treatment; and
       (3) the protocol of such treatment.

     SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, 
                   DEVICES, AND OTHER EQUIPMENT.

       Notwithstanding any other provision of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), a person 
     may--
       (1) introduce or deliver into interstate commerce a food, 
     drug, device, or any other equipment; and
       (2) produce a food, drug, device, or any other equipment,

     solely for use in accordance with this Act if there have been 
     no advertising claims by the manufacturer, distributor, or 
     seller.

     SEC. 7. VIOLATION OF THE CONTROLLED SUBSTANCES ACT.

       A health care practitioner, manufacturer, distributor, or 
     other seller may not violate any provision of the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) in the provision of 
     medical treatment in accordance with this Act.

     SEC. 8. PENALTY.

       A health care practitioner who knowingly violates any 
     provisions under this Act shall not be covered by the 
     protections under this Act and shall be subject to all other 
     applicable laws and regulations.

  Mr. DOLE. Mr. President, I am pleased to be a cosponsor of the Access 
to Medical Treatment Act. This legislation is very simple--it would 
allow individuals to access, under certain carefully circumscribed 
conditions, medical treatments not approved by the FDA.
  The Access to Medical Treatment Act gives an individual the freedom 
to choose any licensed health care practitioner with any method of 
medical treatment the individual desires as long as the treatment is 
not dangerous and the patient is fully informed of its side effects.
  Other consumer protections in the bill include a prohibition against 
advertising claims of efficacy. In addition, the labels on the 
treatment cannot be false or misleading.
  Mr. President, this legislation would not dismantle the Food and Drug 
Administration or allow pharmaceutical companies to circumvent the FDA. 
The FDA would retain responsibility for certifying treatments as safe 
and effective. What this legislation does allow is for a bypass for the 
FDA approval process for alternative medicines that may be the only 
hope for some individuals.
  Mr. President, many times in this Chamber I have applauded the 
quality of American health care. No doubt about it--it is by far the 
best in the world. And, although maintaining quality standards is a 
high priority, there are times when conventional medicine offers 
limited hope for some life-threatening diseases. While the role of the 
Government is to ensure quality, denying access to a treatment that may 
be the only hope for a patient is not the role of the Government.
  And, while I support this legislation, I can empathize with those who 
fear the quality of care will suffer as a result of bypassing the FDA. 
For this reason, and since there is little data so far on alternative 
medicines, I would strongly encourage a thorough hearing process on the 
efficacy of these medical treatments.
  Mr. President, no doubt about it, the Food and Drug Administration 
plays an essential role in evaluating the safety and efficacy of 
medical treatments to protect our citizens. However, in a free market 
system, it seems to make sense to make available nonharmful alternative 
medical treatments to individuals who desire such treatments, without 
the Federal Government standing in the way.
  Mr. HATCH. Mr. President, I am pleased to join with my colleagues 
today in introducing S. 1035, the new and improved version of a very 
important bill, the Access to Medical Treatment Act, drafted last year 
by our colleague, the distinguished minority leader, Senator Daschle.
  At the outset, let me underscore how committed I am to efforts such 
as this which will allow Americans the freedom to take advantage of the 
medical treatments they want and need.
  I think that the two big lessons many learned last year from our 
success on the dietary supplement legislation is that American 
consumers want the freedom to use products and procedures that improve 
their health and that we cannot always count on the Food and Drug 
Administration to foster those freedoms. These consumers spoke out 
vigorously for their rights.
  If any Member doubts this, he or she should simply recall the piles 
of mail they received on our Dietary Supplement Health and Education 
Act. I know I received more grassroots constituent communications on 
this topic than on any other.
  I recall a hearing held by our colleague, Senator Tom Harkin, another 
leader in the alternative medicine community, last year on the subject 
of alternative medicine. This was an important hearing; and, as I 
recall, our colleague Senator Daschle took time from his busy schedule 
to sit in even though he was not a member of the committee.
  At that hearing, we heard very compelling testimony from Hon. Berkley 
Bedell, whose own experience with Lyme disease is quite a testimonial 
to the need for this legislation. I was very impressed by his knowledge 
and dedication to this legislation.
  However, many of us at the hearing were taken aback, quite frankly, 
by the FDA's intransigence in refusing to recognize congressional 
interest in providing Americans with the freedom to choose alternative 
medicine. Unfortunately, that mindset and lack of leadership at the 
agency make legislation such as this necessary.
  In fact, I recall vividly the testimony of FDA Deputy Commissioner 
Mary Pendergast--an eloquent spokesperson, albeit one who does not seem 
to recognize a speeding train when she sees one--when she told the 
committee that, in essence, all the FDA wanted was for products to be 
studied. Her concern was that in allowing free use of safe products, 
the FDA approval--study--process would be circumvented.

[[Page S10002]]

  Ms. Pendergast's presentation was noticeably lacking in that it did 
nothing to reassure the committee that FDA has any interest whatsoever 
in making sure that consumers are able to use these products, or, 
indeed, in our agenda. The agency was only concerned with the process 
rather than the outcome.
  It is that kind of shortsighted thinking which has made FDA reform 
increasingly popular on Capitol Hill.
  Before I close, I wanted to cite some important modifications that 
Senator Daschle has made to this bill.
  First, the new legislation specifically references our work last year 
and the new dietary supplement law by explicitly stating that the 
definition of food includes dietary supplements.
  I want to commend Senator Daschle and his staff for this 
modification.
  Second, the bill now requires the practitioner administering the 
treatment to personally examine the patient; I think this is an 
important consumer protection.
  Third, the patient must be informed in writing before administration 
of the treatment that it has not been approved by the Government. 
Again, I agree that this is important information for consumers.
  Fourth, following the precedent we set with dietary supplements, the 
revised bill prohibits any product labeling which is false or 
misleading. The FDA, of course, wants to approve each and every label. 
This is a degree of control which is simply not possible if we are to 
make alternative treatments available.
  Fifth, the language explicitly states that no health care 
practitioner, manufacturer, or distributor may use this bill to 
circumvent the Controlled Substances Act. This is a provision I had 
suggested, and I am glad to see that my colleagues agreed with me that 
it should be incorporated in the legislation.
  Mr. President, in closing, I again want to thank my colleague for his 
foresight in sponsoring this legislation and for being such an 
effective advocate for its passage. I am pleased to join him as an 
original cosponsor.
                                 ______

      By Mr. COHEN (for himself and Mr. Kohl):
  S. 1036. A bill to provide for the prevention of crime, and for other 
purposes; to the Committee on the Judiciary.


              the juvenile crime prevention and reform act

 Mr. COHEN. Mr. President, when reflecting upon the condition 
of American society as we move into the next century, there are few 
features of our social fabric that give rise to more concern than the 
violence that is plaguing our major urban centers and creeping into our 
suburbs and rural areas as well. By far, the most troubling aspect of 
our culture of violence is that young people, some not old enough to be 
called adolescents, are armed, dangerous, and committing heinous crimes 
at an increasing rate in each passing year.
  To make matters worse, as the number of young males aged 14 to 17 
grows over the next 5 years, we can expect record levels of juvenile 
crime. One expert estimates that this demographic trend will produce 
``a minimum of 30,000 more muggers, murders, and chronic offenders'' 
than we have now.
  There is no single Government policy or program that will solve our 
juvenile crime epidemic in the long or short run. Our approach must be 
comprehensive. First, punishment for violent crime must be swift and 
certain. We must dedicate adequate resources for police to catch 
criminals, for prosecutors to convict them, and for prisons to house 
them. Violent criminals must remain behind bars for a long time, as 
this is the only way to ensure that they do not victimize other 
innocent, law-abiding citizens.
  While adequate resources for police, prosecutors, and prisons are 
vitally necessary, we must acknowledge the limitations of the criminal 
justice system. For the most part, the criminal justice system is 
reactive--that is, it only engages after a crime has been committed. 
Since only a small percentage of crimes actually lead to arrests, and 
an even smaller percentage lead to conviction and punishment, the 
extent to which the criminal justice system can actually deter crime is 
limited.
  This is especially true with respect to youth from dysfunctional 
families living in communities riddled by gangs, guns, and drugs. I do 
not believe that we can deter these young people from crime merely by 
increasing criminal penalties and building more prisons. These youth 
turn to violence because it pervades their environment, because gang 
leaders are their role models, because their lives are filled with 
despair and hopelessness, and because life in prison is not such a bad 
alternative to their violent, drug-infested communities.
  Programming designed to prevent at-risk youth from turning to a life 
of crime is an important complement to our criminal justice system. 
Well-designed programs that give children constructive alternatives to 
the streets and provide youth with exposure to positive adult role 
models have made a difference. Over the years, I have met with numerous 
young people whose lives have been turned around because someone in the 
community--be it a school principal, police officer, or program 
director--has taken an interest in them. Investment in prevention 
programs can save lives and can reduce crime.
  Because I believe we must include prevention programming as part of 
our comprehensive approach toward crime, today I am introducing, along 
with Senator Kohl, the Juvenile Crime Prevention and Reform Act.
  I am very pleased to be joined by Senator Kohl in this effort. We 
once served as ranking members of the Juvenile Justice Subcommittee. I 
know that he continues to share a keen interest in this subject and 
cares a great deal about America's youth.
  The purpose of the legislation we are introducing is to remedy the 
defects in the prevention title of last year's crime bill, while 
preserving a meaningful role for prevention programming in our national 
crime strategy.
  The problem with last year's crime bill was that it became a vehicle 
for an assortment of unproven social programs, many of which were not 
directly linked to crime prevention. The undisciplined addition of 
these programs gave rise to the charge the bill was laden with pork and 
that the programs were nothing more than social experimentation.
  The proper response to what happened last year, however, is not to 
repeal all the juvenile crime prevention programs in the crime bill. 
Eliminating prevention programming would send the wrong message to 
children and parents from distressed, crime-ridden communities who are 
trying the best they can to lead normal, productive lives.
  As an alternative, this legislation takes a comprehensive look at 
both the problems and promise of crime prevention programming.
  The heart of the bill is a mandate that every program authorized by 
the legislation be subjected to a rigorous scientific evaluation. This 
is the only way that Congress and the States can begin to determine 
which prevention strategies work and which do not.
  In addition, we require the administration to develop a proposal to 
consolidate and rationalize the scores of Federal programs designed to 
provide assistance to at-risk youth. Preliminary results from a study I 
requested from GAO indicate that there are over 128 Federal programs 
that target at-risk youth. Most of these programs have tiny budgets and 
overlapping missions. Savings can be gained by consolidating redundant 
programs and repealing programs that have not proven to be effective or 
have outlived their usefulness.
  Third, we start the process of trimming the number of overlapping and 
redundant programs by repealing 12 programs from last year's crime bill 
and other statutes. These repeals result in over $1 billion in savings.
  Finally, we preserve and streamline four core prevention programs, 
each of which is carefully targeted to address the needs of communities 
that have been ravaged by crime:
  One program will provide assistance in the form of a block grant 
directly to local governments where the most creative prevention work 
is being done. Local governments are given wide latitude as to how 
these funds should be spent, so long as they are dedicated to programs 
to prevent juvenile violence and delinquency.
  Second, the bill authorizes funding for the Weed and Seed Program, a 
Bush 

[[Page S10003]]
administration initiative, which requires local police, prosecutors, 
correctional officers, schools, and community organizations to 
integrate law enforcement efforts and prevention programming.
  Third, the bill preserves the bipartisan Community Schools Program, 
which provides funding to keep school and other community facilities 
open in the afternoon, weekends, and summers, to serve as community 
centers. This program is designed to meet what a school principal from 
Westbrook, ME has described to me as ``our young people's desperate 
need for quality after-school programs that address both their 
academic, social, and recreational development.''
  Finally, the bill will address the pervasive problem of youth gangs 
by consolidating the Federal Government's fragmented gang intervention 
efforts and creating a unified antigang program with sufficient funding 
to have an impact.
  The total cost of the four programs is $3 billion, approximately $1 
billion less than the amount of funds dedicated to youth prevention 
programming in last year's crime bill.
  One of the Nation's leading experts on crime, James Q. Wilson has 
testified this year that ``I believe we should continue to test 
promising crime prevention strategies, building on such leads as we now 
possess and subjecting each strategy to rigorous, external 
evaluation.'' That is exactly what this bill accomplishes.
  This package is comprehensive, it addresses both the strengths and 
weaknesses of the Federal Government's crime prevention efforts, and it 
is sensitive to the genuine needs of our communities.
  We owe it to the Nation's youth to continue searching for ways to 
effectively prevent crime and make our communities safer. I urge my 
colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
additional material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                S. 1036

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Juvenile Crime Prevention 
     and Reform Act of 1995''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes.
Sec. 4. Repeals.

  TITLE I--EVALUATION OF CRIME PREVENTION PROGRAMS AND DEVELOPMENT OF 
       NATIONAL CRIME PREVENTION RESEARCH AND EVALUATION STRATEGY

Sec. 101. Definition.
Sec. 102. Evaluation of crime prevention programs.
Sec. 103. National crime prevention research and evaluation strategy.
Sec. 104. Evaluation and research criteria.
Sec. 105. Compliance with evaluation mandate.
Sec. 106. Reservation of funds for evaluation and research.

          TITLE II--LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

Sec. 201. Local crime prevention block grant program.

         TITLE III--WEED AND SEED COMMUNITY ANTI-CRIME PROGRAM

Sec. 301. Statement of purpose.
Sec. 302. Executive Office for Weed and Seed Programs.
Sec. 303. Grant authorization.
Sec. 304. Priority.
Sec. 305. Use of funds.
Sec. 306. Applications.
Sec. 307. Evaluation and inspection.
Sec. 308. Authorization of appropriations.
Sec. 309. Coordination of Department of Justice programs.

       TITLE IV--COMMUNITY SCHOOLS AND SAFE PLACES GRANT PROGRAM

Sec. 401. Community Schools and Safe Places Grant Program.

           TITLE V--CONSOLIDATION OF GANG PREVENTION PROGRAMS

Sec. 501. Repeal of existing gang prevention programs.
Sec. 502. Establishment of unified gang prevention and intervention 
              program.
Sec. 503. Application for grants and contracts.
Sec. 504. Approval of applications.

     TITLE VI--FURTHER CONSOLIDATION OF PROGRAMS FOR AT-RISK YOUTH

Sec. 601. Further consolidation of programs for at-risk youth.
     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to consolidate, streamline, and more carefully target 
     Federal crime prevention programs; and
       (2) to mandate rigorous outcome evaluation of Federal crime 
     prevention programs and other promising crime prevention 
     strategies.

     SEC. 4. REPEALS.

       The following provisions of law are repealed:
       (1) Sections 30102, 30103, and 30104, subtitle C, section 
     30402, and subtitles H, J, K, O, S, and X of title III of the 
     Violent Crime Control and Law Enforcement Act of 1994.
       (2) Part G of title II of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (relating to mentoring).
       (3) Section 682 of the Community Services Block Grant Act 
     (42 U.S.C. 9910c) (relating to the National Youth Sports 
     Program).
  TITLE I--EVALUATION OF CRIME PREVENTION PROGRAMS AND DEVELOPMENT OF 
       NATIONAL CRIME PREVENTION RESEARCH AND EVALUATION STRATEGY

     SEC. 101. DEFINITION.

       For purposes of this title, the term ``Secretary'' means 
     the Secretary of Health and Human Services.

     SEC. 102. EVALUATION OF CRIME PREVENTION PROGRAMS.

       The Attorney General, with respect to the programs in 
     titles II, III, and V, and the Secretary, with respect to the 
     program in title IV, shall provide, directly or through 
     grants and contracts, for the comprehensive and thorough 
     evaluation of the effectiveness of each program established 
     by this Act and the amendments made by this Act.

     SEC. 103. NATIONAL CRIME PREVENTION RESEARCH AND EVALUATION 
                   STRATEGY.

       (a) Strategy.--Not later than 9 months after the date of 
     enactment of this Act, the Attorney General and the Secretary 
     shall formulate and publish a unified national crime 
     prevention research and evaluation strategy that will result 
     in timely reports to Congress, and to State and local 
     governments, regarding the impact and effectiveness of crime 
     and violence prevention initiatives.
       (b) Studies.--Consistent with the strategy developed 
     pursuant to subsection (a), the Attorney General or Secretary 
     may use crime prevention research and evaluation funds 
     reserved under section 106 to conduct studies and 
     demonstrations regarding the effectiveness of crime 
     prevention programs and strategies that are designed to 
     achieve the same purposes as the programs under this Act, 
     without regard to whether such programs receive Federal 
     funding.

     SEC. 104. EVALUATION AND RESEARCH CRITERIA.

       (a) Independent Evaluations and Research.--Evaluations and 
     research studies conducted pursuant to this title shall be 
     independent in nature, and shall employ rigorous and 
     scientifically recognized standards and methodologies.
       (b) Content of Evaluations.--Evaluations conducted pursuant 
     to this title shall include measures of--
       (1) reductions in delinquency, juvenile crime, youth gang 
     activity, youth substance abuse, and other high risk factors;
       (2) reductions in risk factors in young people that 
     contribute to juvenile violence, including academic failure, 
     excessive school absenteeism, and dropping out of school;
       (3) reductions in risk factors in the community, schools, 
     and family environments that contribute to juvenile violence; 
     and
       (4) the increase in the protective factors that reduce the 
     likelihood of delinquency and criminal behavior.

     SEC. 105. COMPLIANCE WITH EVALUATION MANDATE.

       The Attorney General and the Secretary may require the 
     recipients of Federal assistance under programs under this 
     Act to collect, maintain, and report information considered 
     to be relevant to any evaluation conducted pursuant to 
     section 102, and to conduct and participate in specified 
     evaluation and assessment activities and functions.

     SEC. 106. RESERVATION OF FUNDS FOR EVALUATION AND RESEARCH.

       (a) In General.--The Attorney General, with respect to 
     titles II, III, and V, the Secretary, with respect to title 
     IV, shall reserve not less than 3 percent, and not more than 
     5 percent, of the amounts appropriated pursuant to such 
     titles and the amendments made by such titles in each fiscal 
     year to carry out the evaluation and research required by 
     this title.
       (b) Assistance to Grantees and Evaluated Programs.--To 
     facilitate the conduct and defray the costs of crime 
     prevention program evaluation and research, the Attorney 
     General and the Secretary shall use funds reserved under this 
     section to provide compliance assistance to--
       (1) grantees under this title who are selected to 
     participate in evaluations pursuant to section 105; and
       (2) other agencies and organizations that are requested to 
     participate in evaluations and research pursuant to section 
     103(b).
     
[[Page S10004]]

          TITLE II--LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

     SEC. 201. LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM.

       Subtitle B of title III of the Violent Crime Control and 
     Law Enforcement Act of 1994 is amended to read as follows:
        ``Subtitle B--Local Crime Prevention Block Grant Program

     ``SEC. 30201. DEFINITIONS.

       ``For purposes of this subtitle:
       ``(1) The term `at-risk youth' means a juvenile who--
       ``(A) is at risk of academic failure;
       ``(B) has drug or alcohol dependency problems;
       ``(C) has come into contact with the juvenile justice 
     system;
       ``(D) is at least 1 year behind the expected grade level 
     for the age of the juvenile;
       ``(E) is a gang member; or
       ``(F) has dropped out of school or has high absenteeism 
     rates in school.
       ``(2) The term `juvenile' means a person who is not younger 
     than 5 and not older than 18 years old.
       ``(3) The term `part 1 violent crime' means murder, non-
     negligent manslaughter, forcible rape, robbery, and 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports.
       ``(4) The term `payment period' means each 1-year period 
     beginning on October 1 of the years 1996 through 2000.
       ``(5) The term `poverty line' means the income official 
     poverty line, as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)), applicable to a family of the size involved.
       ``(6) 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--
       ``(A) American Samoa, Guam, and the Northern Mariana 
     Islands shall be considered as one State; and
       ``(B) for purposes of section 30205(a), 33 percent of the 
     amounts allocated shall be allocated to American Samoa, 50 
     percent to Guam, and 17 percent to the Northern Mariana 
     Islands.
       ``(7) 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 Alaska Native village that carries 
     out substantial governmental duties and powers.

     ``SEC. 30202. PAYMENTS TO LOCAL GOVERNMENTS.

       ``(a) Use.--Amounts paid to a unit of general local 
     government under this subtitle shall be used to fund programs 
     to prevent and diminish juvenile violence and delinquency, 
     juvenile gang activity, and the sale and use of illegal drugs 
     by juveniles, including but not limited to--
       ``(1) programs aimed at preventing children from becoming 
     involved in gangs;
       ``(2) programs aimed at preventing children from becoming 
     involved with drugs, such as the drug abuse resistance 
     education programs described in section 5122(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     3192(c));
       ``(3) programs providing substance abuse treatment to at-
     risk youth;
       ``(4) programs establishing safe havens to prevent the 
     violent victimization of juveniles and to provide children 
     with appropriate education, and recreational and vocational 
     opportunities;
       ``(5) programs based on community service corps models that 
     use community service activities to teach skills, discipline, 
     and responsibility;
       ``(6) programs providing mentoring, tutoring, and intensive 
     remedial education to at-risk youth;
       ``(7) programs for abused children who are at risk of 
     juvenile delinquency, including programs or group homes for 
     children who have been placed outside or removed from the 
     home of the parents as a result of abuse or neglect; and
       (8) programs providing at-risk youth with vocational life 
     skills training to improve employment opportunities.
       ``(b) Timing of Payments.--Each State shall distribute 
     amounts allocated to such State under this subtitle to units 
     of general local government for a payment period not later 
     than the later of--
       ``(1) 90 days after the date the amount is available; or
       ``(2) if the unit of general local government has made the 
     certification under section 30204(a), the first day of the 
     payment period.
       ``(c) Repayment of Unexpended Amounts.--
       ``(1) Repayment required.--A unit of general local 
     government shall repay to a State, not later than 15 months 
     after receipt from the State, any amount that is--
       ``(A) paid to the unit from amounts appropriated pursuant 
     to section 30209; and
       ``(B) not expended by the unit within 1 year after receipt 
     from the State.
       ``(2) Penalty for failure to repay.--The State shall reduce 
     payments in each future payment period in an amount equal to 
     any amount required to be repaid under paragraph (1) that was 
     not repaid.
       ``(3) Deposit of amounts repaid.--Amounts received by a 
     State as repayments under this subsection shall be deposited 
     into a fund designated for future payments to units of 
     general local government.
       ``(d) Nonsupplanting Requirement.--Funds made available 
     pursuant to section 30209 to units of general local 
     government shall not be used to supplant State or local 
     funds, but shall 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. 30203. TECHNICAL ASSISTANCE.

       ``The Ounce of Prevention Council established under section 
     30101 may provide technical assistance to units of general 
     local government receiving payments under this subtitle, 
     including--
       ``(1) assistance to communities seeking information 
     regarding crime prevention programs and strategies;
       ``(2) assistance in the implementation of crime prevention 
     programs and strategies; and
       ``(3) assistance in the integration and streamlining of 
     community crime prevention functions and activities.
     ``SEC. 30204. QUALIFICATION FOR PAYMENT.

       ``(a) General Requirements for Qualification.--A unit of 
     general local government qualifies for a payment under this 
     subtitle for a payment period only if the unit certifies 
     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 received 
     under this subtitle in accordance with the laws and 
     procedures that are applicable to the expenditure of revenues 
     of the government;
       ``(4) the government will use accounting, audit, and fiscal 
     procedures that conform to guidelines prescribed by the 
     Attorney General after consultation with the Comptroller 
     General of the United States;
       ``(5) as applicable, amounts received under this subtitle 
     will 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 has complied with subsection (b).
       ``(b) Reporting Requirements.--
       ``(1) In general.--To facilitate the evaluation of the 
     programs and activities funded under this subtitle, each unit 
     of local government, before receiving payments under this 
     subtitle in any fiscal year, shall submit to the Attorney 
     General a report describing the programs, activities, and 
     functions that will be assisted with such payments.
       ``(2) Regulations.--The Attorney General shall issue 
     regulations defining the nature and timing of the reporting 
     requirement specified in paragraph (1).
       ``(c) Effect of Noncompliance.--
       ``(1) In general.--If the Attorney General determines that 
     a unit of general local government has not complied 
     substantially with subsection (a) or regulations prescribed 
     under subsection (a), the Attorney General shall notify the 
     noncomplying 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 
     State for the current payment period and later payment 
     periods until the Attorney General is satisfied that the 
     local government--
       ``(A) has taken the appropriate corrective action; and
       ``(B) will comply with subsection (a) and regulations 
     prescribed under subsection (a).
       ``(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 State encompassing a unit of general local 
     government notified under paragraph (1) only if the State 
     government has certified to the Attorney General's 
     satisfaction that the local government--
       ``(A) has taken the appropriate corrective action; and
       ``(B) will comply with subsection (a) and regulations 
     prescribed under subsection (a).
     ``SEC. 30205. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``(a) State Distribution.--
       ``(1) In general.--Of the total amounts appropriated 
     pursuant to section 30209 for each payment period, the 
     Attorney General shall allocate to each State the sum of--
       ``(A) subject to paragraph (2), an amount that bears the 
     same relation to one-third of such total as the population in 
     the State bears to the population in all States;
       ``(B) an amount that bears the same relation to one-third 
     of the amount remaining after the operation of subparagraph 
     (A) as 

[[Page S10005]]
     the number of juveniles in the State bears to the number of juveniles 
     in all States;
       ``(C) an amount that bears the same relation to one-third 
     of the amount remaining after the operation of subparagraph 
     (A) as the number of juveniles from families with incomes 
     below the poverty line in the State bears to the number of 
     such juveniles in all States; and
       ``(D) an amount that bears the same relation to the amount 
     remaining after the operation of subparagraph (A) as the 
     average annual number of part 1 violent crimes reported by 
     the State to the Federal Bureau of Investigation for the 3 
     most recent calendar years for which such data are available, 
     bears to the number of part 1 violent crimes reported by all 
     States to the Federal Bureau of Investigation for such years.
       ``(2) Minimum requirement.--Each State shall receive not 
     less than .35 percent of one-third of the total amount 
     appropriated pursuant to section 30209 for each payment 
     period.
       ``(b) Local Distribution.--
       ``(1) In general.--Subject to paragraphs (2) and (3), each 
     State shall allocate among its units of general local 
     government the amount allocated under subsection (a) in a 
     manner consistent with the factors identified in that 
     subsection, and with the relative burdens and expenditures 
     assumed by each unit of general local government with respect 
     to crime prevention functions and activities.
       ``(2) Qualification.--A State may distribute funds 
     allocated under paragraph (1) to a unit of general local 
     government only after establishing to the satisfaction of the 
     Attorney General that the unit of general local government is 
     qualified to receive payments in accordance with subsections 
     (a) and (b) of section 30204.
       ``(3) Minimum requirement.--If under the formula 
     established by a State pursuant to paragraph (1), a unit of 
     general local government would receive less than $5,000 for 
     the payment period, the amount allocated shall be transferred 
     to the Governor of the State who shall equitably distribute 
     the allocation to all such units or consortia thereof.
       ``(c) Unavailability of Information.--For purposes of this 
     section, if data regarding the measures governing allocation 
     of funds under subsections (a) and (b) in any State are 
     unavailable or substantially inaccurate, the Attorney General 
     and the State shall utilize the best available comparable 
     data for the purposes of allocation of any funds under this 
     subtitle.

     ``SEC. 30206. UTILIZATION OF PRIVATE SECTOR.

       ``Funds or a portion of funds allocated under this subtitle 
     may be used to contract with private nonprofit entities or 
     community-based organizations or community development 
     corporations to carry out the uses specified under section 
     30202(a).

     ``SEC. 30207. 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. 30208. 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. 30209. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this subtitle $300,000,000 for each of the 
     fiscal years 1996, 1997, 1998, 1999, and 2000.
       ``(2) Availability.--Amounts appropriated pursuant to this 
     subsection shall remain available until expended.
       ``(b) Administrative Costs.--Not more than 1.5 percent of 
     the amount made available pursuant to subsection (a) shall be 
     used by the Attorney General for administrative costs.
       ``(c) Technical Assistance.--Not more than 1 percent of 
     funds made available pursuant to this section in any fiscal 
     year shall be available to the Ounce of Prevention Council 
     for the provision of technical assistance under section 
     30203.''.
         TITLE III--WEED AND SEED COMMUNITY ANTI-CRIME PROGRAM

     SEC. 301. STATEMENT OF PURPOSE.

       The purpose of the Weed and Seed Program is to facilitate--
       (1) the formation of effective anti-crime and anti-drug 
     partnerships in high crime neighborhoods and communities that 
     involve the participation and cooperation of law enforcement 
     agencies, community groups, volunteer organizations, public 
     and private human service providers, civic and religious 
     organizations, and the business community; and
       (2) the creation of comprehensive anti-crime initiatives in 
     high crime neighborhoods and communities that are designed 
     to--
       (A) weed out violent crime, gang crime, and drug 
     trafficking by employing intensive community policing 
     strategies and maximizing the coordination and integration of 
     Federal, State, and local law enforcement and criminal 
     justice functions; and
       (B) seed targeted geographical areas with an array of crime 
     and drug prevention programs, human service agency resources, 
     and economic revitalization and neighborhood restoration 
     strategies to prevent crime.

     SEC. 302. EXECUTIVE OFFICE FOR WEED AND SEED PROGRAMS.

       (a) Establishment.--There is established in the Department 
     of Justice an Executive Office for Weed and Seed Programs, 
     under the authority of the Assistant Attorney General for the 
     Office of Justice Programs.
       (b) Duties.--The Executive Office for Weed and Seed 
     Programs shall, in consultation with the Administrator of the 
     Office of Juvenile Justice and Delinquency Prevention, and 
     the Secretary of Health and Human Services, implement and 
     administer a multidisciplinary approach to weeding out crime 
     and seeding services and activities that promotes--
       (1) safety and security;
       (2) the prevention of crime and juvenile delinquency; and
       (3) community revitalization.
       (c) Powers.--The Executive Office for Weed and Seed 
     Programs shall have all the necessary powers to implement 
     Weed and Seed Program activities, including the authority 
     to--
       (1) make grants and awards;
       (2) enter into contracts and cooperative agreements;
       (3) reimburse and transfer funds to appropriation accounts 
     of the Department of Justice and other Federal agencies; and
       (4) execute Weed and Seed Program functions.

     SEC. 303. GRANT AUTHORIZATION.

       (a) In General.--The Attorney General may award grants to 
     units of general local government (as defined in section 
     30201 of the Violent Crime Control and Law Enforcement Act of 
     1994 (as amended by section 201)), State and local agencies, 
     and private nonprofit agencies and organizations to implement 
     Weed and Seed Program activities.
       (b) Weeding Activities.--Weeding activities include the 
     following activities and functions, implemented in a manner 
     consistent with the community-based plan described in section 
     306(b)(2):
       (1) Intensifying law enforcement efforts to investigate, 
     prosecute, and punish violent and drug-related crime in 
     targeted communities.
       (2) Integrating and coordinating the efforts and resources 
     of Federal, State, and local law enforcement agencies, 
     including Federal, State, and local prosecutors.
       (3) Implementing intensive community policing strategies 
     designed to enhance public safety by increasing--
       (A) the street patrol presence of law enforcement officers 
     in high-crime neighborhoods; and
       (B) the interaction and cooperation between law enforcement 
     officers and residents in neighborhoods experiencing high-
     intensity, high-frequency violent and drug-related crime.
       (4) Programs that enhance home security procedures and the 
     security procedures of public and private housing 
     developments.
       (c) Seeding Activities.--Seeding activities include the 
     following activities and functions, implemented in a manner 
     consistent with the community-based plan described in section 
     306(b)(2):
       (1) The coordinated collaborative efforts of law 
     enforcement agencies, human service agencies, the private 
     sector, and community groups to concentrate a broad array of 
     crime prevention programs such as drug treatment, family 
     services, and youth services in targeted neighborhoods and 
     communities to--
       (A) create an environment where crime cannot thrive;
       (B) instill discipline and responsibility in at-risk youth; 
     and
       (C) develop positive community attitudes toward combating 
     violence and drug trafficking.
       (2) Efforts to revitalize distressed neighborhoods by 
     integrating Federal, State, local, and private sector 
     resources to facilitate the development of safe and secure 
     housing and economic opportunities in targeted neighborhoods.
       (3) Programs that engineer low-cost physical improvements 
     within neighborhoods.
       (4) Programs that increase the safety and security of 
     communities through environmental design and modification.

     SEC. 304. PRIORITY.

       In awarding grants under section 303, the Attorney General 
     shall give priority to applications that--
       (1) are innovative in approach to the implementation of a 
     coordinated Weed and Seed strategy;
       (2) are innovative in approach to the prevention of crime 
     in a specific area;
       (3) contain component programs and activities that have 
     clearly defined goals, objectives, and evaluation designs;
       (4) vary in approach to ensure that the effectiveness of 
     different anti-crime strategies may be evaluated;
       (5) demonstrate the financial and organizational commitment 
     of State and local public and private resources to support 
     specific Weed and Seed activities; and
       (6) coordinate crime prevention programs and activities 
     funded under this title with other existing Federal, State, 
     local, and private programs and activities operating in the 
     targeted Weed and Seed geographic area.
     
[[Page S10006]]


     SEC. 305. USE OF FUNDS.

       (a) In General.--Funds awarded under this title may be used 
     only to implement Weed and Seed activities consistent with 
     this title and described in an approved application.
       (b) Guidelines.--The Attorney General shall issue 
     guidelines that describe suggested purposes for which Weed 
     and Seed grant awards may be used.
       (c) Equitable Distribution.--In distributing funds under 
     this title, the Attorney General shall target funds to 
     communities that have been severely distressed by crime and 
     delinquency but shall also ensure the equitable distribution 
     of awards on a geographic basis.

     SEC. 306. APPLICATIONS.

       (a) In General.--Each applicant seeking a grant under this 
     title shall 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.
       (b) Contents of Application.--Each application for 
     assistance under this section shall include--
       (1) a description of the distinctive factors that 
     contribute to chronic violent and drug-related crime within 
     the area proposed to be served by the grant;
       (2) a comprehensive community-based plan to attack 
     intensively the principal factors identified in paragraph 
     (1), including a description of--
       (A) the specific weeding and seeding purposes and 
     activities for which grant funds are to be used;
       (B) how law enforcement agencies, other State and local 
     government agencies, private nonprofit organizations, civic 
     and religious organizations, business organizations, and 
     interested members of the community will cooperate in 
     carrying out the purposes of the grant, and the various 
     activities and programs to be funded by the grant; and
       (C) how seeding activities proposed under the plan are 
     coordinated with, or related to, any other crime-, gang-, and 
     violence-prevention programs or activities funded by Federal, 
     State, or local government in the geographic area targeted by 
     the application;
       (3) an assurance that funds received under this title shall 
     be used to supplement, not supplant, non-Federal funds that 
     would otherwise be available for programs and activities 
     funded under this title;
       (4) an assurance that the recipients of funding under this 
     title will maintain separate and complete accounting records 
     for Weed and Seed Program activities;
       (5) an assurance that a community that seeks funding under 
     this title has convened a steering committee to supervise and 
     facilitate development of the community plan described in 
     paragraph (2) and the implementation of Weed and Seed Program 
     activities, and that such body--
       (A) is comprised of high-level officials from relevant 
     State and local agencies, law enforcement and prosecutorial 
     authorities, public and private human service and youth 
     development providers, representatives from the business 
     sector, and members of the applicant community; and
       (B) includes the United States Attorney for the District in 
     which the applicant community is located; and
       (6) an assurance that residents of the geographic area that 
     will be served by the grant have been involved in the 
     formulation of the community plan, and will be involved in 
     its implementation through volunteer activities and 
     organizations.

     SEC. 307. EVALUATION AND INSPECTION.

       (a) In General.--The Attorney General shall provide for the 
     rigorous and independent evaluation of the Weed and Seed 
     Program in accordance with title I of this Act.
       (b) Collection of Information.--The Attorney General may 
     require grant recipients under this title to collect, 
     maintain, and report information relevant to any evaluation 
     conducted pursuant to subsection (a), and to conduct and 
     participate in specified evaluation and assessment activities 
     and functions.
       (c) Investigations and Inspections.--The Attorney General 
     may conduct such investigations and inspections as may be 
     necessary to ensure compliance with this title.

     SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

       (a) Allocation of Cops on the Beat Funding for Weeding 
     Activities.--Section 1001(a)(11)(B) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) 
     is amended by inserting after the third sentence the 
     following new sentence: ``In each fiscal year, the Attorney 
     General may allocate up to $100,000,000 for grants to support 
     weeding activities under the Weed and Seed Program under 
     title III of the Juvenile Crime Prevention and Reform Act of 
     1995 consistent with the purposes specified in part Q.''.
       (b) Seeding Activities.--There are authorized to be 
     appropriated to carry out seeding activities under this 
     title, $100,000,000 for each of the fiscal years 1996, 1997, 
     1998, 1999, and 2000.

     SEC. 309. COORDINATION OF DEPARTMENT OF JUSTICE PROGRAMS.

       Funds allocated to other Department of Justice 
     appropriations accounts and designated by the Congress 
     through legislative language or through policy guidance for 
     Weed and Seed Program activities shall be managed and 
     coordinated by the Attorney General through the Executive 
     Office for Weed and Seed Programs. The Attorney General may 
     direct the use of other Department of Justice funds and 
     personnel in support of Weed and Seed Program activities 
     after notifying the Committees on Appropriations of the 
     Senate and House of Representatives.
       TITLE IV--COMMUNITY SCHOOLS AND SAFE PLACES GRANT PROGRAM

     SEC. 401. COMMUNITY SCHOOLS AND SAFE PLACES GRANT PROGRAM.

       (a) Grant Program.--Section 30401 of the Violent Crime 
     Control and Law Enforcement Act of 1994 is amended to read as 
     follows:
     ``SEC. 30401. COMMUNITY SCHOOLS AND SAFE PLACES PROGRAM.

       ``(a) Short Title.--This section may be cited as the 
     `Community Schools and Safe Places Grant Program Act of 
     1995'.
       ``(b) Definitions.--For purposes of this section--
       ``(1) the term `youth' means a person who is not younger 
     than 5 and not older than 18 years old;
       ``(2) the term `community-based organization' means a 
     private, locally initiated 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) involves the participation, as appropriate, of 
     members of the community and community institutions 
     including--
       ``(i) business and civic leaders actively involved in 
     providing employment and business development opportunities 
     in the community;
       ``(ii) educators;
       ``(iii) religious organizations (which shall not provide 
     any religious instruction or religious worship in connection 
     with an activity funded under this title);
       ``(iv) law enforcement agencies; or
       ``(v) other interested parties;
       ``(3) the term `eligible community' means an area 
     identified pursuant to subsection (e);
       ``(4) the term `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;
       ``(5) the term `poverty line' means the income official 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)) applicable to a family of the size involved;
       ``(6) the term `public school' means a public elementary 
     school, as defined in section 1201(i) of the Higher Education 
     Act of 1965 (20 U.S.C. 1141(i)), and a public secondary 
     school, as defined in section 1201(d) of such Act (42 U.S.C. 
     1141(d));
       ``(7) the term `Secretaries' means the Secretary of Health 
     and Human Services and the Secretary of Education acting 
     jointly, in consultation and coordination with the Attorney 
     General; and
       ``(8) the term `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 tribes.--(i) 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 section, the Secretaries shall 
     allocate for grants under subparagraph (B) to community-based 
     organizations or public schools in each State, an amount 
     bearing the same ratio to such sums as the number of children 
     in the State who are members of families with incomes below 
     the poverty line bears to the number of children in all 
     States who are members of families with incomes below the 
     poverty line.
       ``(ii) The Secretaries shall allocate an appropriate amount 
     of funds available under this section for grants to Indian 
     tribes.
       ``(B) Grants to community-based organizations and public 
     schools from allocations.--For each fiscal year described in 
     subparagraph (A), the Secretaries may award grants from the 
     appropriate State or Indian tribe allocation determined under 
     subparagraph (A) on a competitive basis to eligible 
     community-based organizations and public schools to pay for 
     the Federal share of assisting eligible communities develop 
     and carry out programs in accordance with this section.
       ``(C) Reallocation.--If, at the end of such a fiscal year, 
     the Secretaries determine that funds allocated for a 
     particular State or Indian tribe under subparagraph (B) 
     remain unobligated, the Secretaries shall use such funds to 
     award grants to eligible community-based organizations or 
     public schools in another State or Indian tribe to pay for 
     the Federal share of assisting eligible communities develop 
     and carry out programs in accordance with this section. In 
     awarding such grants, the Secretaries shall consider the need 
     to maintain geographic diversity among the recipients of 
     grants.
       ``(D) Availability of funds.--Amounts made available 
     through under this paragraph 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 Secretaries may award grants on a 
     competitive basis to eligible community-based organizations 
     or public schools to pay for the Federal share of assisting 
     eligible communities develop and carry out programs in 
     accordance with this section.

[[Page S10007]]

       ``(3) Administrative costs.--The Secretaries shall not use 
     more than 2 percent of the funds appropriated to carry out 
     this section in any fiscal year for administrative costs, 
     including training and technical assistance.
       ``(d) Program Requirements.--
       ``(1) Location.--A community-based organization or public 
     school that receives a grant under this section 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 that is--
       ``(i) in a location easily accessible to children in the 
     community; and
       ``(ii) in compliance with all applicable State and local 
     ordinances.
       ``(2) Use of funds.--A community-based organization or 
     public school that receives funds under this section--
       ``(A) shall use the funds to provide to children in the 
     eligible community services and activities that include 
     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) may use the funds for incidental expenses related to 
     authorized programs, including the purchase of equipment, 
     repair or minor renovation of facilities, transportation, 
     staffing, health services, substance abuse treatment, and 
     family counseling for program participants;
       ``(C) shall use not more than 5 percent of the funds to pay 
     for the administrative costs of the program;
       ``(D) shall not use the funds to provide religious worship 
     or religious instruction; and
       ``(E) may not use the funds for the general operating costs 
     of public schools.
       ``(e) Eligible Community Identification.--
       ``(1) Identification.--To be eligible to receive a grant 
     under this section, a community-based organization or public 
     school shall identify an eligible community to be assisted 
     under this section.
       ``(2) Criteria.--Such eligible community shall be an area 
     that meets such criteria as the Secretary may by regulation 
     establish, including criteria relating to poverty, juvenile 
     delinquency, and crime.
       ``(f) Community Participation.--To be eligible to receive a 
     grant under this section, a community-based organization or 
     public school submitting an application shall demonstrate 
     that the projects and activities it seeks to fund involve the 
     participation, when feasible and appropriate, of--
       ``(1) parents, family members, and other members of the 
     community being served;
       ``(2) civic and religious organizations;
       ``(3) local school officials and teachers employed at 
     schools within the eligible community;
       ``(4) public housing resident organizations; and
       ``(5) public and private nonprofit organizations and 
     organizations serving youth that provide education, child 
     protective services, or other human services to low-income, 
     at-risk children and their families.
       ``(g) Applications.--
       ``(1) Requirement.--To be eligible to receive a grant under 
     this section, a community-based organization or public school 
     shall submit an application to the Secretaries at such time, 
     in such manner, and accompanied by such information, as the 
     Secretaries 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 a comprehensive plan for the program that is 
     designed to achieve identifiable goals for children in the 
     eligible community;
       ``(C) specify measurable goals and outcomes for the program 
     that--
       ``(i)(I) will make a public school the focal point of the 
     eligible community; or
       ``(II) will make a local facility described in subsection 
     (d)(1)(B) a focal point of the community; and
       ``(ii) 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;
       ``(D) contain an assurance that the community-based 
     organization or public school will use grant funds received 
     under this section to provide children in the eligible 
     community with activities and services consistent with 
     subsection (d)(2)(A);
       ``(E) demonstrate the manner in which the community-based 
     organization or public school will make use of the resources, 
     expertise, and commitment of private entities in carrying out 
     the program for which the grant is sought;
       ``(F) include an estimate of the number of children in the 
     eligible community expected to be served under the program;
       ``(G) include a description of charitable private 
     resources, and all other resources, that will be made 
     available to achieve the goals of the program;
       ``(H) contain an assurance that the community-based 
     organization or public school will comply with any evaluation 
     under subsection (k), any research effort authorized under 
     Federal law, and any investigation by the Secretaries;
       ``(I) contain an assurance that the community-based 
     organization or public school will prepare and submit to the 
     Secretaries an annual report regarding any program conducted 
     under this section;
       ``(J) contain an assurance that the program for which the 
     grant is sought will, to the maximum extent practicable, 
     incorporate services that are provided solely through non-
     Federal private or nonprofit sources; and
       ``(K) contain an assurance that the community-based 
     organization or public school will maintain separate 
     accounting records for the program.
       ``(3) Priority.--In awarding grants to carry out programs 
     under this section, the Secretaries shall give priority to 
     community-based organizations and public schools that submit 
     applications that demonstrate the greatest local support for 
     the programs they seek to fund.
       ``(h) Eligibility of Participants.--
       ``(1) In general.--To the extent practicable, each youth 
     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.--For a youth to be eligible to 
     participate in a program, the grantee shall obtain the 
     consent of a parent or guardian, unless it is not feasible to 
     do so.
       ``(3) Nondiscrimination.--In selecting children to 
     participate in a program that receives assistance under this 
     section, a community-based organization or school shall not 
     discriminate on the basis of race, color, religion, sex, 
     national origin, or disability.
       ``(i) Investigations and Inspections.--The Secretaries may 
     conduct such investigations and inspections as may be 
     necessary to ensure compliance with this section.
       ``(j) Payments; Federal Share; Non-Federal Share.--
       ``(1) Payments.--The Secretaries shall, subject to the 
     availability of appropriations, pay to each community-based 
     organization or public school submitting an application under 
     subsection (g) the Federal share of the costs of developing 
     and carrying out programs described in subsection (c).
       ``(2) Federal share.--The Federal share of the costs of a 
     program under this section shall be not more than--
       ``(A) 75 percent for each of the first 2 years of a grant's 
     duration;
       ``(B) 70 percent for the third year of a grant's duration; 
     and
       ``(C) 60 percent for each year thereafter.
       ``(3) Non-federal share.--
       ``(A) In general.--The non-Federal share of the costs of a 
     program under this section may be in cash or in kind, fairly 
     evaluated, including plant, equipment, and services 
     (including the services described in subsection (d)(2)(B)). 
     Federal funds appropriated 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 
     section.
       ``(B) Special rule.--Not less than 15 percent of the non-
     Federal share of the costs of a program under this section 
     shall be provided from private or nonprofit sources.
       ``(k) Evaluation.--In accordance with title I of the 
     Juvenile Crime Prevention and Reform Act of 1995, the 
     Secretaries shall conduct a thorough evaluation of the 
     programs assisted under this section.''.
       (b) Continuation of Certain Grants.--Notwithstanding 
     section 4, the Secretaries may continue grants or fund 
     applications under subtitle D of title III of the Violent 
     Crime Control and Law Enforcement Act of 1994 for which an 
     application has been submitted on or before the date of 
     enactment of this Act.
       (c) Funding.--Section 30403 of the Violent Crime Control 
     and Law Enforcement Act of 1994 Act is amended to read as 
     follows:

     ``SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Department 
     of Health and Human Services to carry out this subtitle, 
     $160,000,000 for each of the fiscal years 1996, 1997, 1998, 
     1999, and 2000.''.
           TITLE V--CONSOLIDATION OF GANG PREVENTION PROGRAMS

     SEC. 501. REPEAL OF EXISTING GANG PREVENTION PROGRAMS.

       (a) In General.--The following provisions of law are 
     repealed:
       (1) Sections 3501, 3502, 3503, 3504, and 3505 of the Anti-
     Drug Abuse Act of 1988 (42 U.S.C. 11801, 11802, 11803, 11804, 
     11805).
       (2) Sections 281, 281A, 282, and 282A of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5667, 5667-1, 5667a, 5667a-1).
       (b) Continuation of Programs.--Notwithstanding subsection 
     (a), the Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention and the Assistant Secretary for 
     Children and Families of the Department of Health and Human 
     Services (referred to in this title as the ``Administrator'' 
     and the ``Assistant Secretary'', respectively) may continue 
     grants awarded under the provision referred to in subsection 
     (a) on or before the date of enactment of this Act.

     SEC. 502. ESTABLISHMENT OF UNIFIED GANG PREVENTION AND 
                   INTERVENTION PROGRAM.

       The Administrator and the Assistant Secretary may jointly 
     make grants to public agencies and private nonprofit 
     agencies, organizations, and institutions to--

[[Page S10008]]

       (1) prevent and reduce the participation of juveniles in 
     the illegal activities of gangs;
       (2) promote the involvement of juveniles who are at risk of 
     gang involvement in constructive, productive, lawful 
     alternatives to illegal gang activities;
       (3) support local law enforcement agencies in conducting 
     educational outreach activities in communities in which gangs 
     commit drug-related and violent crimes;
       (4) prevent gang-related activities from endangering and 
     disrupting the learning environment in elementary and 
     secondary schools;
       (5) support the coordination and integration of the gang 
     prevention and intervention activities of local education, 
     juvenile justice, employment and social service agencies, and 
     community-based organizations with a proven record of 
     providing juvenile gang prevention and intervention services 
     in an effective and efficient manner;
       (6) provide treatment and rehabilitation services to 
     members of juvenile gangs who abuse drugs; and
       (7) provide services to prevent juveniles who have come 
     into contact with the juvenile justice system as a result of 
     gang-related activity from repeating or continuing such 
     conduct.

     SEC. 503. APPLICATION FOR GRANTS AND CONTRACTS.

       (a) Submission of Applications.--Any agency, organization, 
     or institution seeking to receive a grant, or to enter into a 
     contract, under this title shall submit an application at 
     such time, in such manner, and containing such information as 
     the Administrator and Assistant Secretary may jointly 
     prescribe.
       (b) Contents of Application.--Each application for 
     assistance under this title shall--
       (1) specify a project or activity for carrying out 1 or 
     more of the purposes specified in section 502 and identify 
     the purpose that such project or activity is designed to 
     carry out;
       (2) provide that such project or activity shall be 
     administered by, or under the supervision of, the applicant;
       (3) describe how such program or activity is coordinated 
     with, or relates to, any other crime, gang, or violence 
     prevention programs or activities funded by Federal, State, 
     or local government--
       (A) in which the applicant participates; and
       (B) in the geographic area targeted by the application;
       (4) provide that regular reports on such project or 
     activity shall be submitted to the Administrator and 
     Assistant Secretary; and
       (5) provide for such fiscal control and fund accounting 
     procedures as may be necessary to ensure prudent use, proper 
     distribution, and accurate accounting of funds received under 
     this title.

     SEC. 504. APPROVAL OF APPLICATIONS.

       In jointly selecting among applications submitted under 
     section 503, the Administrator and the Assistant Secretary 
     shall give priority to applications that--
       (1) substantially involve, or are broadly supported by, 
     community-based organizations experienced in providing 
     services to juveniles; and
       (2) support projects and activities in geographical areas 
     in which juvenile gang-related crime is frequent and serious.
     ``SEC. 505. AMOUNT OF GRANT.

       The amount of a grant under this title shall not exceed 75 
     percent of the total costs of the program described in the 
     application submitted under section 503 for the fiscal year 
     for which the program receives assistance.

     SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of Justice to carry out this title $25,000,000 for each of 
     the fiscal years 1996, 1997, 1998, 1999, and 2000.
     TITLE VI--FURTHER CONSOLIDATION OF PROGRAMS FOR AT-RISK YOUTH

     SEC. 601. FURTHER CONSOLIDATION OF PROGRAMS FOR AT-RISK 
                   YOUTH.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Ounce of Prevention Council shall 
     submit to Congress a report regarding the elimination of 
     duplication and inefficiency in the structure and operation 
     of Federal juvenile crime and delinquency prevention 
     programs.
       (b) Requirements.--The report required under subsection (a) 
     shall--
       (1) discuss the extent to which programs in different 
     Federal agencies serve similar purposes and target 
     populations;
       (2) discuss whether multiple Federal program structures, 
     each receiving limited appropriations, deliver services to 
     at-risk youth (as defined in section 30201(1) of the Violent 
     Crime Control and Law Enforcement Act of 1994 (as amended by 
     section 201)) in an optimal, cost-effective fashion; and
       (3) make specific recommendations regarding the 
     elimination, consolidation, and modification of crime and 
     delinquency prevention programs in all Federal agencies and 
     departments.
                                                                    ____

            Juvenile Crime Prevention and Reform Act of 1995

       Sections 1-2. Short Title and Table of Contents.
       Section 3. Purposes. The Act is intended to consolidate and 
     streamline juvenile crime prevention programs under the 1994 
     Crime Act and other authorizing statutes. These programs 
     include the following:
       Ounce of Prevention Grant Program.
       Model Intensive Grants.
       Family and Community Endeavor Schools (FACES).
       Police Recruitment Grants.
       Local Partnership Act.
       National Community Economic Partnership.
       Urban Recreation.
       Family Unity Demonstration.
       Gang Resistance Education and Training (GREAT).
       Juvenile Mentoring Program.
       National Youth Sports.
       HHS Youth Drug/Gang Prevention Grant Program (repealed in 
     Sec. 501 of the Act).


   title i--evaluation of programs and development of national crime 
                    prevention and research strategy

       This title requires that the Attorney General (with respect 
     to Titles II, III, and V of the Act) and the Secretary of 
     Health and Human Services (with respect to Title IV) evaluate 
     all programs funded under the Act. They are also responsible 
     for formulating a comprehensive national evaluation strategy.
       The Act requires rigorous, independent evaluation of each 
     and every prevention program funded by the Act, and grantees 
     must collect the data necessary for thorough evaluations to 
     occur. These evaluations will be funded with 3-5% of the 
     moneys allocated for each program.


          title ii--local crime prevention block grant program

       This title amends subtitle B of Title III of the Crime Bill 
     (the Local Crime Prevention Block Grant Program) to increase 
     funding over five years to $1.5 billion (from $377 million), 
     by reallocating Local Partnership Act funding. By 
     consolidating these block grants, significant savings are 
     achieved.
       Under the new block grant program, the Ounce of Prevention 
     Council is authorized to provide technical assistance to 
     local governments that receive payments.


         title iii--weed and seed community anti-crime program

       This title funds targeted anti-crime and anti-drug 
     partnerships between law enforcement agencies and schools, 
     social service providers and community organizations. These 
     programs are designed to mobilize communities in a joint 
     effort to weed out violent crime and drug crime through 
     community policing and coordinated law enforcement, while 
     seeding targeted areas with crime and drug prevention 
     programs.
       Through an Executive Office of Weed and Seed, the Attorney 
     General is responsible for making grants to State and local 
     governments, as well as private non-profit organizations. 
     Funding for weeding activities is provided through the 
     Omnibus Crime Control and Safe Streets Act of 1968, while 
     funding for seeding is provided through this Act, at $500 
     million over five years.


        title iv-community schools and safe places grant program

       The Act retains the bi-partisan (Danforth-Bradley) 
     Community Schools program which helps communities maintain 
     ``safe havens'' in high risk neighborhoods. The community 
     centers funding by the Act will provide children at-risk of 
     violent victimization with shelter and support after school, 
     on weekends, and during the summer. The program is jointly 
     administered by the Secretaries of HHS and Education, who 
     provide grants in consultation with the Attorney General. The 
     proposed funding is $800 million over five years.


           title v-consolidation of gang prevention programs

       The Act consolidates three distinct gang prevention 
     programs currently in the federal budget--one in HHS and two 
     in DOJ--creating, instead, one comprehensive federal anti-
     gang effort administered jointly by the Office of Juvenile 
     Justice and Delinquency Prevention and HHS. By placing this 
     component within the prevention compromise, the federal 
     government's anti-gang effort will be subject to the research 
     and accountability provisions of the Evaluation Mandate. The 
     proposed funding level is $125 million over five years.


     title vi--further consolidation of programs for at-risk youth

       Under this title, the Ounce of Prevention Council is 
     charged with providing Congress with a report regarding the 
     elimination of duplication and inefficiency in the structure 
     and operation of Federal juvenile crime and delinquency 
     programs, including specific recommendations for eliminating 
     these problems.

 Mr. KOHL. Mr. President, I introduce the Juvenile Crime 
Prevention and Reform Act of 1995, which I am proud to cosponsor with 
my friend and colleague, Senator Cohen. Our legislation offers the 
middle ground: it will help stop violence before it starts, and make 
Federal prevention programs work more efficiently and effectively.
  The good news, Mr. President, is that overall crime rates have bucked 
this trend. So we need more police officers on the streets, and more 
certainty of punishment. Nevertheless, prevention must also be part of 
our strategy--because we cannot afford to lay aside any weapons in the 
battle for safe streets. After all--what kind of reasonable society 
would pay billions for prisons, while doing nothing to prevent crime in 
the first place?

[[Page S10009]]

  Prevention is essential because there is empirical evidence 
indicating that many prevention programs now on the chopping block do 
stop crime before it happens. For example, a Milwaukee program, called 
``Summer Stars,'' combining recreation,
 employment counseling and coaching resulted in a 27-percent decrease 
in robberies and a 40-percent reduction in auto thefts in targeted 
areas. And in Madison, WI, President Bush's ``weed and seed'' program 
reduced serious crime by almost 20 percent. Moreover, Lansing MI found 
that crime fell by 60 percent in two troubled neighborhoods after a 
cooperative effort among local law enforcement officers, schools, and 
social service agencies began.

  Yet despite the success of crime prevention efforts--and past 
bipartisan support led by Senator Biden--the 1995 prevention debate has 
been skewed by overblown rhetoric. While some opponents of prevention 
have simplistically labeled all programs ``pork,'' some defenders of 
prevention have fought only for the status quo, without answering the 
legitimate questions about whether each prevention program actually 
works--and whether all programs target those most in need.
  Mr. President, neither side is right. While we must not reject all 
prevention, there is considerably more research to be done before we 
can confidently assert exactly which prevention strategies work best. 
And there is waste and duplication among prevention programs created 
and expanded upon in the crime act.
  Our proposal takes the sensible middle ground. While preserving 
essential prevention programs, the bill also consolidates and 
eliminates others, and requires all prevention programs to prove 
themselves. Specifically, the bill will achieve these results in three 
ways.
  First, because there is much more we need to know about prevention 
programs, the evaluation mandate in our bill requires rigorous, 
independent evaluation of each and every prevention program funded in 
the compromise package; and it will require grantees to collect the 
data necessary for thorough evaluations to occur. In other words, you 
don't collect the data, you don't get the funds.
  Second, too much duplication has resulted in a multitude of programs 
where fewer could do the job. For example, the local partnership act 
funds largely the same kinds of programs as the local crime prevention 
block grant. By consolidating these programs, and eliminating the 
administrative structure for the local partnership act, we can save 
millions of dollars.
  Finally, in an effort to target at-risk juveniles, and in recognition 
of our responsibility to the American taxpayer, this legislation will 
either eliminate or consolidate 12 Federal crime prevention programs. 
The remaining programs are redirected to one of four core prevention 
initiatives. The net fiscal result: a cut of more than $1 billion from 
current crime act prevention funding levels. While I am not entirely 
happy about pursuing this cut in prevention funds, I propose it only as 
a reasonable alternative to the Republican plan for outright 
elimination of crime prevention funding.
  Mr. President, I reject the elimination of prevention because we must 
not give up on our young people, and resign ourselves to more victims, 
more criminals, and more prisons. We must ensure community safety, but 
merely building more prisons is like paying billions for ambulances at 
the bottom of a cliff yet spending nothing to build guardrails at the 
top. That just doesn't make sense.
  We must also be sure, however, that the guardrails we invest in do 
the job efficiently and effectively. While continuing the fight to 
prevent crime, our legislation will also give us more bang for our 
crime prevention buck. I hope that my colleagues will join Senator 
Cohen and myself in this effort.
                                 ______

      By Mr. FORD:
  S. 1037. A bill to amend title 49, United States Code, to provide 
that the requirement that U.S. Government travel be on U.S. carriers 
excludes travel on any aircraft that is not owned or leased, and 
operated, by a U.S. person; to the Committee on Commerce, Science, and 
Transportation.


                 the fly america amendments act of 1995

  Mr. FORD. Mr. President, today I am introducing the Fly America 
Amendments Act of 1995. As the workers of our country know, the Fly 
America Act is an indispensable element of American aviation policy. 
The act was intended to ensure that to the extent service is available 
on U.S. carriers, employees of the Federal Government must use that 
service.
  On May 3, 1994, the General Services Administration issued a request 
for proposals [RFP] for 1 year requirement contracts for carriers to 
provide air transportation services to Government employees traveling 
on U.S. official Government business. The RFP contained more than 5,000 
city-pairs, of which approximately 1,114 involved international routes. 
American Airlines protested, because the RFP allowed U.S. carriers to 
bid on routes where the services was actually being provided by a 
foreign airlines under a code-sharing arrangement.
  On December 29, 1994, the Comptroller General of the United States 
held that code-sharing did not violate the Fly America Act. What the 
decision means is that a U.S. airline may submit the bid to GSA for an 
international route, but the actual travel is on a foreign airline. To 
put this more directly, Lufthansa is the designated provider of United 
States Government travel from Atlanta to Germany. Lufthansa and United 
Airlines are code-sharing partners, and United won the Atlanta bid. As 
far as I can tell, Lufthansa is not a United States citizen, is not a 
United States flag carrier, does not participate in the civil reserve 
air fleet [CRAF] program, and but for the Comptroller General 
misinterpretation, would not be able to bid on carrying United States 
Government employees on United States Government business.
  The bill I am introducing today essentially overturns the 
Comptroller's misinterpretation. The bill will restore the requirement 
that U.S. Government travel be provided on an aircraft that is owned or 
leased by a U.S. citizen and operated by a U.S. citizen.
  I urge my colleagues to support the bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1037

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fly America Amendments Act 
     of 1995''.

     SEC. 2. UNITED STATES AIRCRAFT.

       (a) Travel Preference for Aircraft Owned and Operated by 
     United States Citizens.--Section 40118(a) of title 49, United 
     States Code, is amended by inserting after ``title'' the 
     following: ``on an aircraft that is owned or leased by a 
     United States citizen and operated by a United States 
     citizen''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to transportation originating more 
     than 90 days after the date of enactment of this Act.
                                 ______

      By Mr. HELMS:
  S. 1038. A bill to amend the Internal Revenue Code of 1986 to impose 
a 15-percent tax only on individual taxable earned income and business 
taxable income, to repeal the estate and gift taxes, to abolish the 
Internal Revenue Service, and for other purposes; to the Committee on 
Finance.


                        the flat tax cut of 1995
  Mr. HELMS. Mr. President, in sending to the desk a bill entitled 
``The Flat Tax Act of 1995,'' my hope is that this legislation will 
help stimulate further interest and understanding regarding the 
replacing of the present cumbersome and complex Tax Code with a simple 
15-percent flat tax. It also, by the way, provides a standard deduction 
of $10,000 for individuals and an extra $5,000 for each child.
  This means that a family of four would not pay taxes on its first 
$30,000 of income.
  The bill also requires a 15 percent across-the-board reduction in 
Federal spending; it cuts foreign aid by 50 percent; and eliminates the 
IRS entirely, thereby giving millions of taxpayers a tax cut and 
sharply reducing Federal spending at the same time.
  Now, the flat tax has been discussed many, many times. Thus far, it 
has not advanced to any extent measurable, but it is fair, it is 
simple, and it will eliminate the myriad of loopholes that presently 
riddle the Tax Code. In contrast to the existing system, a flat tax 

[[Page S10010]]
would save billions of dollars each year in time and paperwork. It will 
spur massive economic growth.
  Mr. President, I believe that Congress absolutely must overhaul the 
Federal income tax system and, at the same time, overhaul the Federal 
Government. Any flat tax proposed must be based on three fundamental 
principles: First, it must be simple and pure--there should be no 
exceptions or deductions other than a standard personal deduction; 
second, it should provide Americans with a tax cut; third, it should be 
coupled with a meaningful cut in spending.
  On the first point, it is abundantly clear that the Federal tax laws 
are too complex, unfair, and unworkable. There are more than 480 tax 
forms confronting the taxpayers of the United States. I have copies of 
all of the tax forms at my desk, and I ask Senators, at some convenient 
time, to contrast that pile of forms to the flat tax postcard which I 
have in my hand.
  Incidentally, I ask unanimous consent that this proposed tax postal 
card be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                       Helms 15 Percent Flat Tax


                   form 1--Individual Wage Tax--1995

       Your first name and initial (if joint return also give 
     spouse's name and initial), last name.
       Your social security number.
       Home address (number and street including apartment number 
     or rural route).
       Spouse's social security number.
       City, town, or post office, state and ZIP code.
       1. Wages, Salaries, and Pensions.
       2. Personal Exemptions: a. $20,000 for married filing 
     jointly, b. $10,000 for singles, c. $15,000 for single head 
     of household.
       3. Number of Dependents, not including spouse.
       4. Personal Exemptions for Dependents (line 3 multiplied by 
     $5,000).
       5. Total Personal allowances (line 2 plus line 4).
       6. Taxable Wages (line 1, less line 5, if positive, 
     otherwise zero).
       7. Tax (15% of line 6).
       8. Tax already paid.
       9. Tax due (line 7 less line 8, if positive).
       10. Refund due (line 8 less line 7, if positive).
  Mr. HELMS. Mr. President, U.S. taxpayers spend 5.4 billion hours and 
$192 billion every year trying to fill out these tax forms. One can 
only imagine how easy it would be simply to submit this postcard in 
lieu of the existing paperwork.
  Mr. President, taxpayers spend a lot of money trying to comply with 
or to avoid the tax laws. We all know that.
  A study by James Payne of Lytton Research estimates that the Tax Code 
costs $593 million every year, which includes tax avoidance, tax 
compliance, paperwork, and lost production. The flat tax would save 
taxpayers an enormous amount of time and money.
  Now, the second benefit of the flat tax proposal that I just sent to 
the desk would provide millions of Americans with a tax cut. Over the 
years, taxpayers have been taken to the cleaners by the Federal 
Government, a government which has taken more and more money away from 
the American workers every year.
  I noticed in a report from the Heritage Foundation recently that in 
1948 the average family of four paid 2 percent of its income to the 
Federal Government. In 1992, that same family of four would pay 24.5 
percent of its income to Uncle Sam. That is only Federal taxes.
  Third, we should dramatically reduce the size of the Federal 
Government by eliminating every dollar of Federal spending that is not 
absolutely essential. Entire programs should be abolished or reformed, 
including the Internal Revenue Service itself. With a flat tax, those 
countless thousands of IRS agents would no longer be justified in 
harassing the taxpayers.
  A General Accounting Office study, by the way, Mr. President, 
disclosed one-half of the 10 million notices sent out by the IRS are--
quoting the General Accounting Office-- ``incorrect, unresponsive, 
unclear, or incomplete.'' I might add, or all four.
  Mr. President, the flat tax would have a profound effect on the 
economy. It will promote growth by increasing incentives for work and 
investment and production. It will eliminate the double taxation of 
interest and dividends and the taxation of capital gains, which will 
increase savings, of course, and investments, and obviously it will 
stimulate growth and create jobs.
  The economists have said that a flat tax would increase work output 
by 3 percent, and an additional 3 percent from capital formation. That 
translates into about $1,900 extra for every American worker by the 
year 2002.
  Furthermore, increased savings will push interest rates down and thus 
reduce the cost of capital and the cost of homes, cars, and college 
educations for American families.
  Finally, Mr. President, this bill provides a transition rule for home 
mortgage. I thought about this a lot. I came to the conclusion that 
those families who have existing home mortgages should be allowed to 
deduct the interest for the duration of that existing mortgage. This is 
only a transition rule and applies only to existing home mortgages.
  Now, I recognize that the concept of flat tax is not new. As a matter 
of fact, I offered my first flat tax bill, S. 2200, back in 1982, March 
15. It called for a 10-percent flat tax.
  Needless to say, I commend Representative Armey for his having put 
forward a solid proposal. He is doing the Nation a great service and I 
plan to support his version, cosponsor it, when it comes over to the 
Senate.
  Our tax system has become so complex and so economically 
unproductive, outmoded, and riddled with exceptions that it is no 
wonder that the American people have lost faith in their Government to 
such a high degree.
  Mr. President, a flat tax is based on equity, efficiency, and 
simplicity. I think the American people want a flat tax because they 
understand that it is fair. They understand that it will save billions 
of dollars and that it will be a spark plug for the economy.


                          ____________________