FILE h3355.enr
--H.R.3355--
H.R.3355
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and
ninety-four
An Act
To control and prevent crime.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Violent Crime Control and Law
Enforcement Act of 1994'.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; `Cops on the Beat'.
TITLE II--PRISONS
SUBTITLE A--VIOLENT OFFENDER INCARCERATION AND TRUTH IN SENTENCING
INCENTIVE GRANTS
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
SUBTITLE B--PUNISHMENT FOR YOUNG OFFENDERS
Sec. 20201. Certain punishment for young offenders.
SUBTITLE C--ALIEN INCARCERATION
Sec. 20301. Incarceration of undocumented criminal aliens.
SUBTITLE D--MISCELLANEOUS PROVISIONS
Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of
imprisonment, release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of `good time'.
Sec. 20406. Task force on prison construction standardization and
techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization
Act and the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited.
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into
Federal prison facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.
TITLE III--CRIME PREVENTION
SUBTITLE A--OUNCE OF PREVENTION COUNCIL
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
SUBTITLE B--LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
SUBTITLE C--MODEL INTENSIVE GRANT PROGRAMS
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applications.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
SUBTITLE D--FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM
Sec. 30401. Community schools youth services and supervision grant
program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
SUBTITLE G--ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
SUBTITLE H--POLICE RECRUITMENT
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
SUBTITLE J--LOCAL PARTNERSHIP ACT
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
SUBTITLE K--NATIONAL COMMUNITY ECONOMIC PARTNERSHIP
Sec. 31101. Short title.
CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving
loan funds.
CHAPTER 3--MISCELLANEOUS PROVISIONS
Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
SUBTITLE O--URBAN RECREATION AND AT-RISK YOUTH
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
SUBTITLE Q--COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. Award of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
SUBTITLE S--FAMILY UNITY DEMONSTRATION PROJECT
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
CHAPTER 1--GRANTS TO STATES
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Reports.
CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
SUBTITLE T--SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS
Sec. 32001. Substance abuse treatment in Federal prisons.
SUBTITLE U--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
Sec. 32101. Residential substance abuse treatment for State
prisoners.
SUBTITLE V--PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
SUBTITLE X--GANG RESISTANCE EDUCATION AND TRAINING
Sec. 32401. Gang resistance education and training projects.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
SUBTITLE A--SAFE STREETS FOR WOMEN
Sec. 40101. Short title.
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT
CRIMES AGAINST WOMEN
Sec. 40121. Grants to combat violent crimes against women.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
Sec. 40131. Grants for capital improvements to prevent crime in
public transportation.
Sec. 40132. Grants for capital improvements to prevent crime in
national parks.
Sec. 40133. Grants for capital improvements to prevent crime in
public parks.
CHAPTER 4--NEW EVIDENTIARY RULES
Sec. 40141. Sexual history in criminal and civil cases.
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
Sec. 40151. Education and prevention grants to reduce sexual
assaults against women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual
assault or domestic violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse
of runaway, homeless, and street youth.
Sec. 40156. Victims of child abuse programs.
SUBTITLE B--SAFE HOMES FOR WOMEN
Sec. 40201. Short title.
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE
Sec. 40211. Grant for a national domestic violence hotline.
CHAPTER 2--INTERSTATE ENFORCEMENT
Sec. 40221. Interstate enforcement.
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Sec. 40231. Encouraging arrest policies.
CHAPTER 4--SHELTER GRANTS
Sec. 40241. Grants for battered women's shelters.
CHAPTER 5--YOUTH EDUCATION
Sec. 40251. Youth education and domestic violence.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
Sec. 40261. Establishment of community programs on domestic
violence.
CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS
Sec. 40281. Confidentiality of abused person's address.
CHAPTER 9--DATA AND RESEARCH
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
Sec. 40295. Rural domestic violence and child abuse enforcement
assistance.
SUBTITLE C--CIVIL RIGHTS FOR WOMEN
Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the
privacy of rape victims.
SUBTITLE D--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
Sec. 40401. Short title.
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
Sec. 40413. Cooperation in developing programs in making grants
under this title.
Sec. 40414. Authorization of appropriations.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS
Sec. 40421. Authorizations of circuit studies; education and
training grants.
Sec. 40422. Authorization of appropriations.
SUBTITLE E--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims
below the age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted
diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of
Federal benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of
domestic violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.
SUBTITLE F--NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
Sec. 40601. Authorizing access to Federal criminal information
databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.
SUBTITLE G--PROTECTIONS FOR BATTERED IMMIGRANT WOMEN AND CHILDREN
Sec. 40701. Alien petitioning rights for immediate relative or
second preference status.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.
TITLE V--DRUG COURTS
Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.
TITLE VI--DEATH PENALTY
Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the
sentence of death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement
officials.
Sec. 60008. New offense for the indiscriminate use of weapons to
further drug conspiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of
violence and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in
Federal facilities.
Sec. 60015. Death penalty for the murder of State or local
officials assisting Federal law enforcement officials and State
correctional officers.
Sec. 60016. Protection of court officers and jurors.
Sec. 60017. Prohibition of retaliatory killings of witnesses,
victims, and informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or
fixed platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil
aviation.
Sec. 60022. Terrorist Death Penalty Act.
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF
CERTAIN FELONIES
Sec. 70001. Mandatory life imprisonment for persons convicted of
certain felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN
CASES
Sec. 80001. Limitation on applicability of mandatory minimum
penalties in certain cases.
TITLE IX--DRUG CONTROL
SUBTITLE A--ENHANCED PENALTIES AND GENERAL PROVISIONS
Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in `drug-free'
zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal
prisons and for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs
under RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions
of the Controlled Substances Act and the Controlled Substances
Import and Export Act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.
SUBTITLE B--NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS
Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug
Control Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.
TITLE X--DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI--FIREARMS
SUBTITLE A--ASSAULT WEAPONS
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession
of certain semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by Attorney General.
Sec. 110105. Effective date.
Sec. 110106. Appendix A to section 922 of title 18.
SUBTITLE B--YOUTH HANDGUN SAFETY
Sec. 110201. Prohibition of the possession of a handgun or
ammunition by, or the private transfer of a handgun or ammunition
to, a juvenile.
SUBTITLE C--LICENSURE
Sec. 110301. Firearms licensure and registration to require a
photograph and fingerprints.
Sec. 110302. Compliance with State and local law as a condition to
license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms
licensees.
SUBTITLE D--DOMESTIC VIOLENCE
Sec. 110401. Prohibition against disposal of firearms to, or
receipt of firearms by, persons who have committed domestic abuse.
SUBTITLE E--GUN CRIME PENALTIES
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm
during a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an
explosive to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material
Statement in connection with the acquisition of a firearm from a
licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen
firearms which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or
forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent
felons and serious drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.
TITLE XII--TERRORISM
Sec. 120001. Extension of the statute of limitation for certain
terrorism offenses.
Sec. 120002. Jurisdiction over crimes against United States
nationals on certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or
reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism
information.
Sec. 130004. Deportation procedures for certain criminal aliens who
are not permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.
TITLE XIV--YOUTH VIOLENCE
Sec. 140001. Prosecution as adults of certain juveniles for crimes
of violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by
juveniles.
Sec. 140006. Increased penalties for employing children to
distribute drugs near schools and playgrounds.
Sec. 140007. Increased penalties for Travel Act crimes involving
violence and conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.
TITLE XV--CRIMINAL STREET GANGS
Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally
assisted low-income housing.
Sec. 150008. Gang investigation coordination and information
collection.
Sec. 150009. Multijurisdictional gang task forces.
TITLE XVI--CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child
pornography.
Sec. 160002. Sense of Congress concerning State legislation
regarding child pornography.
Sec. 160003. Confirmation of intent of Congress in enacting
sections 2252 and 2256 of title 18, United States Code.
TITLE XVII--CRIMES AGAINST CHILDREN
SUBTITLE A--JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY
VIOLENT OFFENDER REGISTRATION ACT
Sec. 170101. Establishment of program.
SUBTITLE B--ASSAULTS AGAINST CHILDREN
Sec. 170201. Assaults against children.
SUBTITLE C--MISSING AND EXPLOITED CHILDREN
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
SUBTITLE A--DRUG TRAFFICKING IN RURAL AREAS
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
SUBTITLE B--DRUG FREE TRUCK STOPS AND SAFETY REST AREAS
Sec. 180201. Drug free truck stops and safety rest areas.
SUBTITLE C--SENSE OF CONGRESS REGARDING FUNDING FOR RURAL AREAS
Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND
EDUCATION
SUBTITLE A--POLICE CORPS
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law
enforcement education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police
corps officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.
SUBTITLE B--LAW ENFORCEMENT SCHOLARSHIP PROGRAM
Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
SUBTITLE A--BYRNE PROGRAM
Sec. 210101. Extension of Byrne Grant funding.
SUBTITLE B--LAW ENFORCEMENT FAMILY SUPPORT
Sec. 210201. Law enforcement family support.
SUBTITLE C--DNA IDENTIFICATION
Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA
analyses for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA
identification information.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.
SUBTITLE D--POLICE PATTERN OR PRACTICE
Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.
SUBTITLE E--IMPROVED TRAINING AND TECHNICAL AUTOMATION
Sec. 210501. Improved training and technical automation.
SUBTITLE F--OTHER STATE AND LOCAL AID
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on
State court systems resulting from enactment of this Act.
Sec. 210603. Availability of violent crime reduction trust fund to
fund activities authorized by the Brady Handgun Violence Prevention
Act and the National Child Protection Act of 1993.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification
numbers.
TITLE XXIII--VICTIMS OF CRIME
SUBTITLE A--VICTIMS OF CRIME
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim
of a violent crime or sexual abuse to speak at an offender's
sentencing hearing and any parole hearing.
SUBTITLE B--CRIME VICTIMS' FUND
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain
Federal programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and
conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access
devices.
Sec. 250008. Information network.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL
COMMISSION ON CRIME PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces;
representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the Commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII--SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of
probation.
Sec. 280003. Direction to United States Sentencing Commission
regarding sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in
certain cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing
Commission.
Sec. 280006. Cocaine penalty study.
TITLE XXIX--COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR
VEHICLE RECORDS
Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal
information from State motor vehicle records.
Sec. 300003. Effective date.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for
fiscal years for which the full amount authorized is not
appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII--MISCELLANEOUS
SUBTITLE A--INCREASES IN PENALTIES
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and
services.
Sec. 320105. Increased penalty for conspiracy to commit murder for
hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public
housing.
Sec. 320108. Task force and criminal penalties relating to the
introduction of nonindigenous species.
Sec. 320109. Military medals and decorations.
SUBTITLE B--EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES
Sec. 320201. Extension of protection of civil rights statutes.
SUBTITLE C--AUDIT AND REPORT
Sec. 320301. Audit requirement for State and local law enforcement
agencies receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting
expenses.
SUBTITLE D--COORDINATION
Sec. 320401. Coordination of substance abuse treatment and
prevention programs.
SUBTITLE E--GAMBLING
Sec. 320501. Clarifying amendment regarding scope of prohibition
against gambling on ships in international waters.
SUBTITLE F--WHITE COLLAR CRIME AMENDMENTS
Sec. 320601. Receiving the proceeds of extortion or kidnapping.
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business
of insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States
Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial
institutions rewards statute.
Sec. 320608. Definition of `savings and loan association' for
purposes of the offense of bank robbery and related offenses.
Sec. 320609. Definition of 1-year period for purposes of the
offense of obstruction of a Federal audit.
SUBTITLE G--SAFER STREETS AND NEIGHBORHOODS
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
SUBTITLE H--RECREATIONAL HUNTING SAFETY
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
SUBTITLE I--OTHER PROVISIONS
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling,
and property damage offenses to eliminate inconsistencies and gaps
in coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against
truckers.
Sec. 320907. Sense of the Senate regarding a study on
out-of-wedlock births.
Sec. 320908. Sense of the Senate regarding the role of the United
Nations in international organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials `DEA'.
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a `court of the United
States' to include the district courts for Guam, the Northern
Mariana Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against
travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and
visitation rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the Senate regarding Law Day, U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation
program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense
of kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of
return of handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissability of evidence of similar crimes in sex
offense cases.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sec. 330001. Amendments relating to Federal financial assistance
for law enforcement.
Sec. 330002. General title 18 corrections.
Sec. 330003. Corrections of erroneous cross references and
misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
Sec. 330005. Correction of drafting error in the Foreign Corrupt
Practices Act.
Sec. 330006. Elimination of redundant penalty provision in 18
U.S.C. 1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate
duplicate predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in
offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and
transfer of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of `kidnap'.
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title
18, United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of
the Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 10001. SHORT TITLE.
This title may be cited as the `Public Safety Partnership and
Community Policing Act of 1994'.
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement
officers interacting directly with members of the community
(`cops on the beat');
(2) provide additional and more effective training to law
enforcement officers to enhance their problem solving, service,
and other skills needed in interacting with members of the
community;
(3) encourage the development and implementation of
innovative programs to permit members of the community to
assist State, Indian tribal government, and local law
enforcement agencies in the prevention of crime in the
community; and
(4) encourage the development of new technologies to assist
State, Indian tribal government, and local law enforcement
agencies in reorienting the emphasis of their activities from
reacting to crime to preventing crime,
by establishing a program of grants and assistance in furtherance
of these objectives, including the authorization for a period of 6
years of grants for the hiring and rehiring of additional career
law enforcement officers.
SEC. 10003. COMMUNITY POLICING; `COPS ON THE BEAT'.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
[BOLD->] [<-BOLD] [BOLD->] `PART Q--PUBLIC SAFETY AND COMMUNITY
POLICING; `COPS ON THE BEAT' [<-BOLD]
`SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING
GRANTS.
`(a) GRANT AUTHORIZATION- The Attorney General may make grants to
States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia thereof to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and
members of the community to address crime and disorder problems,
and otherwise to enhance public safety.
`(b) REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT PROJECTS-
`(1) IN GENERAL- Grants made under subsection (a) may be used
for programs, projects, and other activities to--
`(A) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing;
`(B) hire and train new, additional career law
enforcement officers for deployment in community-oriented
policing across the Nation; and
`(C) procure equipment, technology, or support systems,
or pay overtime, if the applicant for such a grant
demonstrates to the satisfaction of the Attorney General
that expenditures for such purposes would result in an
increase in the number of officers deployed in
community-oriented policing equal to or greater than the
increase in the number of officers that would result from a
grant for a like amount for the purposes specified in
subparagraph (A) or (B).
`(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT SYSTEMS-
Grants pursuant to paragraph (1)(C)--
`(A) may not exceed--
`(i) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1995;
`(ii) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1996; or
`(iii) 10 percent of the funds available for grants
pursuant to this subsection in fiscal years 1997, 1998,
1999, and 2000; and
`(B) may not be awarded in fiscal years 1998, 1999, or
2000 unless the Attorney General has certified that grants
awarded in fiscal years 1995, 1996, and 1997 pursuant to
subparagraph (1)(C) have resulted in an increase in the
number of officers deployed in community-oriented policing
equal to or greater than the increase in the number of
officers that have resulted from the grants in like amounts
awarded in fiscal years 1995, 1996, and 1997 pursuant to
paragraph (1) (A) and (B).
`(c) TROOPS-TO-COPS PROGRAMS-
`(1) IN GENERAL- Grants made under subsection (a) may be used
to hire former members of the Armed Forces to serve as career
law enforcement officers for deployment in community-oriented
policing, particularly in communities that are adversely
affected by a recent military base closing.
`(2) DEFINITION- In this subsection, `former member of the
Armed Forces' means a member of the Armed Forces of the United
States who is involuntarily separated from the Armed Forces
within the meaning of section 1141 of title 10, United States
Code.
`(d) ADDITIONAL GRANT PROJECTS- Grants made under subsection (a)
may include programs, projects, and other activities to--
`(1) increase the number of law enforcement officers involved
in activities that are focused on interaction with members of
the community on proactive crime control and prevention by
redeploying officers to such activities;
`(2) provide specialized training to law enforcement officers
to enhance their conflict resolution, mediation, problem
solving, service, and other skills needed to work in
partnership with members of the community;
`(3) increase police participation in multidisciplinary early
intervention teams;
`(4) develop new technologies to assist State and local law
enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime;
`(5) develop and implement innovative programs to permit
members of the community to assist State and local law
enforcement agencies in the prevention of crime in the
community, such as a citizens' police academy, including
programs designed to increase the level of access to the
criminal justice system enjoyed by victims, witnesses, and
ordinary citizens by establishing decentralized satellite
offices (including video facilities) of principal criminal
courts buildings;
`(6) establish innovative programs to reduce, and keep to a
minimum, the amount of time that law enforcement officers must
be away from the community while awaiting court appearances;
`(7) establish and implement innovative programs to increase
and enhance proactive crime control and prevention programs
involving law enforcement officers and young persons in the
community;
`(8) develop and establish new administrative and managerial
systems to facilitate the adoption of community-oriented
policing as an organization-wide philosophy;
`(9) establish, implement, and coordinate crime prevention
and control programs (involving law enforcement officers
working with community members) with other Federal programs
that serve the community and community members to better
address the comprehensive needs of the community and its
members; and
`(10) support the purchase by a law enforcement agency of no
more than 1 service weapon per officer, upon hiring for
deployment in community-oriented policing or, if necessary,
upon existing officers' initial redeployment to
community-oriented policing.
`(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN
GRANTS- In awarding grants under this part, the Attorney General
may give preferential consideration, where feasible, to
applications for hiring and rehiring additional career law
enforcement officers that involve a non-Federal contribution
exceeding the 25 percent minimum under subsection (i).
`(f) TECHNICAL ASSISTANCE-
`(1) IN GENERAL- The Attorney General may provide technical
assistance to States, units of local government, Indian tribal
governments, and to other public and private entities, in
furtherance of the purposes of the Public Safety Partnership
and Community Policing Act of 1994.
`(2) MODEL- The technical assistance provided by the Attorney
General may include the development of a flexible model that
will define for State and local governments, and other public
and private entities, definitions and strategies associated
with community or problem-oriented policing and methodologies
for its implementation.
`(3) TRAINING CENTERS AND FACILITIES- The technical
assistance provided by the Attorney General may include the
establishment and operation of training centers or facilities,
either directly or by contracting or cooperative arrangements.
The functions of the centers or facilities established under
this paragraph may include instruction and seminars for police
executives, managers, trainers, supervisors, and such others as
the Attorney General considers to be appropriate concerning
community or problem-oriented policing and improvements in
police-community interaction and cooperation that further the
purposes of the Public Safety Partnership and Community
Policing Act of 1994.
`(g) UTILIZATION OF COMPONENTS- The Attorney General may utilize
any component or components of the Department of Justice in
carrying out this part.
`(h) MINIMUM AMOUNT- Unless all applications submitted by any
State and grantee within the State pursuant to subsection (a) have
been funded, each qualifying State, together with grantees within
the State, shall receive in each fiscal year pursuant to subsection
(a) not less than 0.5 percent of the total amount appropriated in
the fiscal year for grants pursuant to that subsection. In this
subsection, `qualifying State' means any State which has submitted
an application for a grant, or in which an eligible entity has
submitted an application for a grant, which meets the requirements
prescribed by the Attorney General and the conditions set out in
this part.
`(i) MATCHING FUNDS- The portion of the costs of a program,
project, or activity provided by a grant under subsection (a) may
not exceed 75 percent, unless the Attorney General waives, wholly
or in part, the requirement under this subsection of a non-Federal
contribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding 1 year for hiring or
rehiring career law enforcement officers, the Federal share shall
decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local
sources of funding following the conclusion of Federal support, as
provided in an approved plan pursuant to section 1702(c)(8).
`(j) ALLOCATION OF FUNDS- The funds available under this part
shall be allocated as provided in section 1001(a)(11)(B).
`(k) TERMINATION OF GRANTS FOR HIRING OFFICERS- The authority
under subsection (a) of this section to make grants for the hiring
and rehiring of additional career law enforcement officers shall
lapse at the conclusion of 6 years from the date of enactment of
this part. Prior to the expiration of this grant authority, the
Attorney General shall submit a report to Congress concerning the
experience with and effects of such grants. The report may include
any recommendations the Attorney General may have for amendments to
this part and related provisions of law in light of the termination
of the authority to make grants for the hiring and rehiring of
additional career law enforcement officers.
`SEC. 1702. APPLICATIONS.
`(a) IN GENERAL- No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
`(b) APPLICATION- An application for a grant under this part
shall be submitted in such form, and contain such information, as
the Attorney General may prescribe by regulation or guidelines.
`(c) CONTENTS- In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant
under this part shall--
`(1) include a long-term strategy and detailed implementation
plan that reflects consultation with community groups and
appropriate private and public agencies and reflects
consideration of the statewide strategy under section 503(a)(1);
`(2) demonstrate a specific public safety need;
`(3) explain the applicant's inability to address the need
without Federal assistance;
`(4) identify related governmental and community initiatives
which complement or will be coordinated with the proposal;
`(5) certify that there has been appropriate coordination
with all affected agencies;
`(6) outline the initial and ongoing level of community
support for implementing the proposal including financial and
in-kind contributions or other tangible commitments;
`(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support;
`(8) if the application is for a grant for hiring or rehiring
additional career law enforcement officers, specify plans for
the assumption by the applicant of a progressively larger share
of the cost in the course of time, looking toward the
continuation of the increased hiring level using State or local
sources of funding following the conclusion of Federal support;
`(9) assess the impact, if any, of the increase in police
resources on other components of the criminal justice system;
`(10) explain how the grant will be utilized to reorient the
affected law enforcement agency's mission toward
community-oriented policing or enhance its involvement in or
commitment to community-oriented policing; and
`(11) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial
and ethnic minority groups and women in order to increase their
ranks within the sworn positions in the law enforcement agency.
`(d) SPECIAL PROVISIONS-
`(1) SMALL JURISDICTIONS- Notwithstanding any other provision
of this part, in relation to applications under this part of
units of local government or law enforcement agencies having
jurisdiction over areas with populations of less than 50,000,
the Attorney General may waive 1 or more of the requirements of
subsection (c) and may otherwise make special provisions to
facilitate the expedited submission, processing, and approval
of such applications.
`(2) SMALL GRANT AMOUNT- Notwithstanding any other provision
of this part, in relation to applications under section 1701(d)
for grants of less than $1,000,000, the Attorney General may
waive 1 or more of the requirements of subsection (c) and may
otherwise make special provisions to facilitate the expedited
submission, processing, and approval of such applications.
`SEC. 1703. RENEWAL OF GRANTS.
`(a) IN GENERAL- Except for grants made for hiring or rehiring
additional career law enforcement officers, a grant under this part
may be renewed for up to 2 additional years after the first fiscal
year during which a recipient receives its initial grant, if the
Attorney General determines that the funds made available to the
recipient were used in a manner required under an approved
application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.
`(b) GRANTS FOR HIRING- Grants made for hiring or rehiring
additional career law enforcement officers may be renewed for up to
5 years, subject to the requirements of subsection (a), but
notwithstanding the limitation in that subsection concerning the
number of years for which grants may be renewed.
`(c) MULTIYEAR GRANTS- A grant for a period exceeding 1 year may
be renewed as provided in this section, except that the total
duration of such a grant including any renewals may not exceed 3
years, or 5 years if it is a grant made for hiring or rehiring
additional career law enforcement officers.
`SEC. 1704. LIMITATION ON USE OF FUNDS.
`(a) NONSUPPLANTING REQUIREMENT- Funds made available under this
part to States or units of local government shall not be used to
supplant State or local funds, or, in the case of Indian tribal
governments, funds supplied by the Bureau of Indian Affairs, but
shall be used to increase the amount of funds that would, in the
absence of Federal funds received under this part, be made
available from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of Indian
Affairs.
`(b) NON-FEDERAL COSTS-
`(1) IN GENERAL- States and units of local government may use
assets received through the Assets Forfeiture equitable sharing
program to provide the non-Federal share of the cost of
programs, projects, and activities funded under this part.
`(2) INDIAN TRIBAL GOVERNMENTS- Funds appropriated by the
Congress for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of the cost of programs or
projects funded under this part.
`(c) HIRING COSTS- Funding provided under this part for hiring
or rehiring a career law enforcement officer may not exceed
$75,000, unless the Attorney General grants a waiver from this
limitation.
`SEC. 1705. PERFORMANCE EVALUATION.
`(a) MONITORING COMPONENTS- Each program, project, or activity
funded under this part shall contain a monitoring component,
developed pursuant to guidelines established by the Attorney
General. The monitoring required by this subsection shall include
systematic identification and collection of data about activities,
accomplishments, and programs throughout the life of the program,
project, or activity and presentation of such data in a usable form.
`(b) EVALUATION COMPONENTS- Selected grant recipients shall be
evaluated on the local level or as part of a national evaluation,
pursuant to guidelines established by the Attorney General. Such
evaluations may include assessments of individual program
implementations. In selected jurisdictions that are able to
support outcome evaluations, the effectiveness of funded programs,
projects, and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life
measures, community perceptions, and police perceptions of their
own work.
`(c) PERIODIC REVIEW AND REPORTS- The Attorney General may
require a grant recipient to submit to the Attorney General the
results of the monitoring and evaluations required under
subsections (a) and (b) and such other data and information as the
Attorney General deems reasonably necessary.
`SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.
`If the Attorney General determines, as a result of the reviews
required by section 1705, or otherwise, that a grant recipient
under this part is not in substantial compliance with the terms and
requirements of an approved grant application submitted under
section 1702, the Attorney General may revoke or suspend funding
of that grant, in whole or in part.
`SEC. 1707. ACCESS TO DOCUMENTS.
`(a) BY THE ATTORNEY GENERAL- The Attorney General shall have
access for the purpose of audit and examination to any pertinent
books, documents, papers, or records of a grant recipient under
this part and to the pertinent books, documents, papers, or records
of State and local governments, persons, businesses, and other
entities that are involved in programs, projects, or activities for
which assistance is provided under this part.
`(b) BY THE COMPTROLLER GENERAL- Subsection (a) shall apply with
respect to audits and examinations conducted by the Comptroller
General of the United States or by an authorized representative of
the Comptroller General.
`SEC. 1708. GENERAL REGULATORY AUTHORITY.
`The Attorney General may promulgate regulations and guidelines
to carry out this part.
`SEC. 1709. DEFINITIONS.
`In this part--
`career law enforcement officer' means a person hired on a
permanent basis who is authorized by law or by a State or local
public agency to engage in or supervise the prevention,
detection, or investigation of violations of criminal laws.
`citizens' police academy' means a program by local law
enforcement agencies or private nonprofit organizations in
which citizens, especially those who participate in
neighborhood watch programs, are trained in ways of
facilitating communication between the community and local law
enforcement in the prevention of crime.
`Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.'.
d10
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711,
et seq.) is amended by striking the item relating to part Q and
inserting the following:
`PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE BEAT'
`Sec. 1701. Authority to make public safety and community policing
grants.
`Sec. 1702. Applications.
`Sec. 1703. Renewal of grants.
`Sec. 1704. Limitation on use of funds.
`Sec. 1705. Performance evaluation.
`Sec. 1706. Revocation or suspension of funding.
`Sec. 1707. Access to documents.
`Sec. 1708. General regulatory authority.
`Sec. 1709. Definitions.
`PART R--TRANSITION; EFFECTIVE DATE; REPEALER
`Sec. 1801. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793) is amended--
(1) in paragraph (3) by striking `and O' and inserting `O, P,
and Q'; and
(2) by adding at the end the following new paragraph:
`(11)(A) There are authorized to be appropriated to carry out
part Q, to remain available until expended--
`(i) $1,332,000,000 for fiscal year 1995;
`(ii) $1,850,000,000 for fiscal year 1996;
`(iii) $1,950,000,000 for fiscal year 1997;
`(iv) $1,700,000,000 for fiscal year 1998;
`(v) $1,700,000,000 for fiscal year 1999; and
`(vi) $268,000,000 for fiscal year 2000.
`(B) Of funds available under part Q in any fiscal year, up to 3
percent may be used for technical assistance under section 1701(f)
or for evaluations or studies carried out or commissioned by the
Attorney General in furtherance of the purposes of part Q. Of the
remaining funds, 50 percent shall be allocated for grants pursuant
to applications submitted by units of local government or law
enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities
that serve areas with populations exceeding 150,000, and 50 percent
shall be allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations 150,000 or less or by
public and private entities that serve areas with populations
150,000 or less. Of the funds available in relation to grants under
part Q, at least 85 percent shall be applied to grants for the
purposes specified in section 1701(b), and no more than 15 percent
may be applied to other grants in furtherance of the purposes of
part Q. In view of the extraordinary need for law enforcement
assistance in Indian country, an appropriate amount of funds
available under part Q shall be made available for grants to Indian
tribal governments or tribal law enforcement agencies.'.
TITLE II--PRISONS
SUBTITLE A--VIOLENT OFFENDER INCARCERATION AND TRUTH IN SENTENCING
INCENTIVE GRANTS
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) GRANT AUTHORIZATION- The Attorney General may make grants to
individual States and to States organized as multi-State compacts
to construct, develop, expand, modify, operate, or improve
correctional facilities, including boot camp facilities and other
alternative correctional facilities that can free conventional
prison space for the confinement of violent offenders, to ensure
that prison cell space is available for the confinement of violent
offenders and to implement truth in sentencing laws for sentencing
violent offenders.
(b) ELIGIBILITY- To be eligible to receive a grant under this
subtitle, a State or States organized as multi-State compacts shall
submit an application to the Attorney General which includes--
(1) assurances that the State or States have implemented, or
will implement, correctional policies and programs, including
truth in sentencing laws that ensure that violent offenders
serve a substantial portion of the sentences imposed, that are
designed to provide sufficiently severe punishment for violent
offenders, including violent juvenile offenders, and that the
prison time served is appropriately related to the
determination that the inmate is a violent offender and for a
period of time deemed necessary to protect the public;
(2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and
needs of crime victims;
(3) assurances that funds received under this section will be
used to construct, develop, expand, modify, operate, or
improve correctional facilities to ensure that prison cell
space is available for the confinement of violent offenders;
(4) assurances that the State or States have a comprehensive
correctional plan which represents an integrated approach to
the management and operation of correctional facilities and
programs and which includes diversion programs, particularly
drug diversion programs, community corrections programs, a
prisoner screening and security classification system,
appropriate professional training for corrections officers in
dealing with violent offenders, prisoner rehabilitation and
treatment programs, prisoner work activities (including, to the
extent practicable, activities relating to the development,
expansion, modification, or improvement of correctional
facilities) and job skills programs, educational programs, a
pre-release prisoner assessment to provide risk reduction
management, post-release assistance, and an assessment of
recidivism rates;
(5) assurances that the State or States have involved
counties and other units of local government, when appropriate,
in the construction, development, expansion, modification,
operation or improvement of correctional facilities designed to
ensure the incarceration of violent offenders, and that the
State or States will share funds received under this section
with counties and other units of local government, taking into
account the burden placed on these units of government when
they are required to confine sentenced prisoners because of
overcrowding in State prison facilities;
(6) assurances that funds received under this section will be
used to supplement, not supplant, other Federal, State, and
local funds;
(7) assurances that the State or States have implemented, or
will implement within 18 months after the date of the enactment
of this Act, policies to determine the veteran status of
inmates and to ensure that incarcerated veterans receive the
veterans benefits to which they are entitled;
(8) if applicable, documentation of the multi-State compact
agreement that specifies the construction, development,
expansion, modification, operation, or improvement of
correctional facilities; and
(9) if applicable, a description of the eligibility criteria
for prisoner participation in any boot camp that is to be funded.
(c) CONSIDERATION- The Attorney General, in making such grants,
shall give consideration to the special burden placed on States
which incarcerate a substantial number of inmates who are in the
United States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) TRUTH IN SENTENCING GRANT PROGRAM- Fifty percent of the total
amount of funds appropriated to carry out this subtitle for each of
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made
available for Truth in Sentencing Incentive Grants. To be eligible
to receive such a grant, a State must meet the requirements of
section 20101(b) and shall demonstrate that the State--
(1) has in effect laws which require that persons convicted
of violent crimes serve not less than 85 percent of the
sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent
offenders sentenced to prison;
(B) has increased the average prison time which will be
served in prison by convicted violent offenders sentenced
to prison;
(C) has increased the percentage of sentence which will
be served in prison by violent offenders sentenced to
prison; and
(D) has in effect at the time of application laws
requiring that a person who is convicted of a violent crime
shall serve not less than 85 percent of the sentence
imposed if--
(i) the person has been convicted on 1 or more prior
occasions in a court of the United States or of a State
of a violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was
committed after the defendant's conviction of the
preceding violent crime or serious drug offense.
(b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS-
(1) FORMULA ALLOCATION- The amount available to carry out
this section for any fiscal year under subsection (a) shall be
allocated to each eligible State in the ratio that the number
of part 1 violent crimes reported by such State to the Federal
Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
(2) TRANSFER OF UNUSED FUNDS- On September 30 of each of
fiscal years 1996, 1998, 1999, and 2000, the Attorney General
shall transfer to the funds to be allocated under section
20103(b)(1) any funds made available to carry out this section
that are not allocated to an eligible State under paragraph (1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM- Fifty percent
of the total amount of funds appropriated to carry out this
subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and
2000 shall be made available for Violent Offender Incarceration
Grants. To be eligible to receive such a grant, a State or States
must meet the requirements of section 20101(b).
(b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS-
(1) FORMULA ALLOCATION- Eighty-five percent of the sum of the
amount available for Violent Offender Incarceration Grants for
any fiscal year under subsection (a) and any amount transferred
under section 20102(b)(2) for that fiscal year shall be
allocated as follows:
(A) 0.25 percent shall be allocated to each eligible
State except that the United States Virgin Islands,
American Samoa, Guam and the Northern Mariana Islands each
shall be allocated 0.05 percent.
(B) The amount remaining after application of
subparagraph (A) shall be allocated to each eligible State
in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of
Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau
of Investigation for 1993.
(2) DISCRETIONARY ALLOCATION- Fifteen percent of the sum of
the amount available for Violent Offender Incarceration Grants
for any fiscal year under subsection (a) and any amount
transferred under section 20103(b)(3) for that fiscal year
shall be allocated at the discretion of the Attorney General to
States that have demonstrated the greatest need for such grants
and the ability to best utilize the funds to meet the
objectives of the grant program and ensure that prison cell
space is available for the confinement of violent offenders.
(3) TRANSFER OF UNUSED FORMULA FUNDS- On September 30 of each
of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney
General shall transfer to the discretionary program under
paragraph (2) any funds made available for allocation under
paragraph (1) that are not allocated to an eligible State under
paragraph (1).
SEC. 20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle may not
exceed 75 percent of the costs of a proposal described in an
application approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this subtitle not
later than 90 days after the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993
is unavailable or substantially inaccurate, the Attorney General
shall utilize the best available comparable data regarding the
number of violent crimes for 1993 for that State for the purposes
of allocation of any funds under this subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the
National Institute of Corrections and the Director of the Federal
Bureau of Prisons provide technical assistance and training to a
State or States that receive a grant under this subtitle to achieve
the purposes of this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the National
Institute of Corrections to assist with an evaluation of programs
established with funds under this subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle--
`boot camp' means a correctional program of not more than 6
months' incarceration involving--
(A) assignment for participation in the program, in
conformity with State law, by prisoners other than
prisoners who have been convicted at any time of a violent
felony;
(B) adherence by inmates to a highly regimented schedule
that involves strict discipline, physical training, and work;
(C) participation by inmates in appropriate education,
job training, and substance abuse counseling or treatment;
and
(D) post-incarceration aftercare services for
participants that are coordinated with the program carried
out during the period of imprisonment.
`part 1 violent crimes' means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as
reported to the Federal Bureau of Investigation for purposes of
the Uniform Crime Reports.
`State' or `States' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
SUBTITLE B--PUNISHMENT FOR YOUNG OFFENDERS
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
10003(a), is amended--
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
[BOLD->] `PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS [<-BOLD]
`SEC. 1801. GRANT AUTHORIZATION.
`(a) IN GENERAL- The Attorney General may make grants under this
part to States, for the use by States and units of local
government, for the purpose of developing alternative methods of
punishment for young offenders to traditional forms of
incarceration and probation.
`(b) ALTERNATIVE METHODS- The alternative methods of punishment
referred to in subsection (a) should ensure certain punishment for
young offenders and promote reduced recidivism, crime prevention,
and assistance to victims, particularly for young offenders who can
be punished more effectively in an environment other than a
traditional correctional facility, including--
`(1) alternative sanctions that create accountability and
certain punishment for young offenders;
`(2) restitution programs for young offenders;
`(3) innovative projects, such as projects consisting of
education and job training activities for incarcerated young
offenders, modeled, to the extent practicable, after activities
carried out under part B of title IV of the Job Training
Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et
seq.) and projects that provide family counseling;
`(4) correctional options, such as community-based
incarceration, weekend incarceration, and electronic monitoring
of offenders;
`(5) community service programs that provide work service
placement for young offenders at non-profit, private
organizations and community organizations;
`(6) innovative methods that address the problems of young
offenders convicted of serious substance abuse (including
alcohol abuse) and gang-related offenses; and
`(7) adequate and appropriate after care programs for young
offenders, such as substance abuse treatment, education
programs, vocational training, job placement counseling, family
counseling and other support programs upon release.
`SEC. 1802. STATE APPLICATIONS.
`(a) IN GENERAL-
`(1) SUBMISSION OF APPLICATION- To request a grant under this
part, the chief executive of a State shall submit an
application to the Attorney General in such form and containing
such information as the Attorney General may reasonably require.
`(2) ASSURANCES- An application under paragraph (1) shall
include assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this part.
`(b) STATE OFFICE- The office designated under section 507--
`(1) shall prepare the application as required under
subsection (a); and
`(2) shall administer grant funds received under this part,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
`SEC. 1803. REVIEW OF STATE APPLICATIONS.
`(a) IN GENERAL- The Attorney General shall make a grant under
section 1801(a) to carry out the projects described in the
application submitted by such applicant under section 1802 upon
determining that--
`(1) the application is consistent with the requirements of
this part; and
`(2) before the approval of the application, the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this part.
`(b) APPROVAL- Each application submitted under section 1802
shall be considered approved, in whole or in part, by the Attorney
General not later than 45 days after first received unless the
Attorney General informs the applicant of specific reasons for
disapproval.
`(c) RESTRICTION- Grant funds received under this part shall not
be used for land acquisition or construction projects, other than
alternative facilities described in section 1801(b).
`(d) DISAPPROVAL NOTICE AND RECONSIDERATION- The Attorney General
shall not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.
`SEC. 1804. LOCAL APPLICATIONS.
`(a) IN GENERAL-
`(1) SUBMISSION OF APPLICATION- To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office designated
under section 1802(b).
`(2) APPROVAL- An application under paragraph (1) shall be
considered to have been approved, in whole or in part, by the
State not later than 45 days after such application is first
received unless the State informs the applicant in writing of
specific reasons for disapproval.
`(3) DISAPPROVAL- The State shall not disapprove any
application submitted to the State without first affording the
applicant reasonable notice and an opportunity for
reconsideration.
`(4) EFFECT OF APPROVAL- If an application under subsection
(a) is approved, the unit of local government is eligible to
receive funds under this part.
`(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT- A State that
receives funds under section 1801 in a fiscal year shall make such
funds available to units of local government with an application
that has been submitted and approved by the State within 45 days
after the Attorney General has approved the application submitted
by the State and has made funds available to the State. The
Attorney General may waive the 45-day requirement in this section
upon a finding that the State is unable to satisfy such requirement
under State statutes.
`SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
`(a) STATE DISTRIBUTION- Of the total amount appropriated under
this part in any fiscal year--
`(1) 0.4 percent shall be allocated to each of the
participating States; and
`(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the number of young offenders of such State bears to the number
of young offenders in all the participating States.
`(b) LOCAL DISTRIBUTION-
`(1) IN GENERAL- A State that receives funds under this part
in a fiscal year shall distribute to units of local government
in such State for the purposes specified under section 1801
that portion of such funds which bears the same ratio to the
aggregate amount of such funds as the amount of funds expended
by all units of local government for correctional programs in
the preceding fiscal year bears to the aggregate amount of
funds expended by the State and all units of local government
in such State for correctional programs in such preceding
fiscal year.
`(2) UNDISTRIBUTED FUNDS- Any funds not distributed to units
of local government under paragraph (1) shall be available for
expenditure by such State for purposes specified under section
1801.
`(3) UNUSED FUNDS- If the Attorney General determines, on
the basis of information available during any fiscal year, that
a portion of the funds allocated to a State for such fiscal
year will not be used by such State or that a State is not
eligible to receive funds under section 1801, the Attorney
General shall award such funds to units of local government in
such State giving priority to the units of local government
that the Attorney General considers to have the greatest need.
`(c) GENERAL REQUIREMENT- Notwithstanding subsections (a) and
(b), not less than two-thirds of funds received by a State under
this part shall be distributed to units of local government unless
the State applies for and receives a waiver from the Attorney
General.
`(d) FEDERAL SHARE- The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 1802(a) for
the fiscal year for which the projects receive assistance under
this part.
`(e) CONSIDERATION- Notwithstanding subsections (a) and (b), in
awarding grants under this part, the Attorney General shall
consider as a factor whether a State has in effect throughout such
State a law or policy that requires that a juvenile who is in
possession of a firearm or other weapon on school property or
convicted of a crime involving the use of a firearm or weapon on
school property--
`(1) be suspended from school for a reasonable period of
time; and
`(2) lose driving license privileges for a reasonable period
of time.
`(f) DEFINITION- For purposes of this part, `juvenile' means a
person 18 years of age or younger.
`SEC. 1806. EVALUATION.
`(a) IN GENERAL-
`(1) SUBMISSION TO THE DIRECTOR- Each State and unit of local
government that receives a grant under this part shall submit
to the Attorney General an evaluation not later than March 1 of
each year in accordance with guidelines issued by the Attorney
General. Such evaluation shall include an appraisal by
representatives of the community of the programs funded by the
grant.
`(2) WAIVER- The Attorney General may waive the requirement
specified in paragraph (1) if the Attorney General determines
that such evaluation is not warranted in the case of the State
or unit of local government involved.
`(b) DISTRIBUTION- The Attorney General shall make available to
the public on a timely basis evaluations received under subsection
(a).
`(c) ADMINISTRATIVE COSTS- A State or unit of local government
may use not more than 5 percent of funds it receives under this
part to develop an evaluation program under this section.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 10003(a), is amended by striking
the matter relating to part R and inserting the following:
`PART R--CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS
`Sec. 1801. Grant authorization.
`Sec. 1802. State applications.
`Sec. 1803. Review of State applications.
`Sec. 1804. Local applications.
`Sec. 1805. Allocation and distribution of funds.
`Sec. 1806. Evaluation.
`PART S--TRANSITION--EFFECTIVE DATE--REPEALER
`Sec. 1901. Continuation of rules, authorities, and proceedings.'.
(c) DEFINITION- Section 901(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended--
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking `and' at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23) and
inserting a semicolon; and
(4) by adding after paragraph (23) the following:
`(24) the term `young offender' means a non-violent
first-time offender or a non-violent offender with a minor
criminal record who is 22 years of age or younger (including
juveniles).'.
(d) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 10003(c), is amended--
(1) in paragraph (3) by striking `and Q' and inserting `Q, or
R'; and
(2) by adding at the end the following new paragraph:
`(16) There are authorized to be appropriated to carry out
projects under part R--
`(A) $20,000,000 for fiscal year 1996;
`(B) $25,000,000 for fiscal year 1997;
`(C) $30,000,000 for fiscal year 1998;
`(D) $35,000,000 for fiscal year 1999; and
`(E) $40,000,000 for fiscal year 2000.'.
SUBTITLE C--ALIEN INCARCERATION
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) INCARCERATION- Section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252) is amended by adding at the end the following
new subsection:
`(j) INCARCERATION-
`(1) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State) exercising
authority with respect to the incarceration of an undocumented
criminal alien submits a written request to the Attorney
General, the Attorney General shall, as determined by the
Attorney General--
`(A) enter into a contractual arrangement which provides
for compensation to the State or a political subdivision of
the State, as may be appropriate, with respect to the
incarceration of the undocumented criminal alien; or
`(B) take the undocumented criminal alien into the
custody of the Federal Government and incarcerate the alien.
`(2) Compensation under paragraph (1)(A) shall be the average
cost of incarceration of a prisoner in the relevant State as
determined by the Attorney General.
`(3) For purposes of this subsection, the term `undocumented
criminal alien' means an alien who--
`(A) has been convicted of a felony and sentenced to a
term of imprisonment; and
`(B)(i) entered the United States without inspection or
at any time or place other than as designated by the
Attorney General;
`(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by
the State or a political subdivision of the State; or
`(iii) was admitted as a nonimmigrant and at the time he
or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the
nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with
the conditions of any such status.
`(4)(A) In carrying out paragraph (1), the Attorney General
shall give priority to the Federal incarceration of
undocumented criminal aliens who have committed aggravated
felonies.
`(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant to
this subsection are held in facilities which provide a level of
security appropriate to the crimes for which they were convicted.
`(5) There are authorized to be appropriated such sums as may
be necessary to carry out this subsection, of which the
following amounts may be appropriated from the Violent Crime
Reduction Trust Fund:
`(A) $130,000,000 for fiscal year 1995;
`(B) $300,000,000 for fiscal year 1996;
`(C) $330,000,000 for fiscal year 1997;
`(D) $350,000,000 for fiscal year 1998;
`(E) $350,000,000 for fiscal year 1999; and
`(F) $340,000,000 for fiscal year 2000.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall
take effect October 1, 1994.
(c) TERMINATION OF LIMITATION- Notwithstanding section 242(j)(5)
of the Immigration and Nationality Act, as added by subsection (a),
the requirements of section 242(j) of the Immigration and
Nationality Act, as added by subsection (a), shall not be subject
to the availability of appropriations on and after October 1, 2004.
SUBTITLE D--MISCELLANEOUS PROVISIONS
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code, is
amended by inserting after subsection (5) the following: `In
designating the place of imprisonment or making transfers under
this subsection, there shall be no favoritism given to prisoners of
high social or economic status.'.
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) IN GENERAL- Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:
`Sec. 4047. Prison impact assessments
`(a) Any submission of legislation by the Judicial or Executive
branch which could increase or decrease the number of persons
incarcerated in Federal penal institutions shall be accompanied by
a prison impact statement (as defined in subsection (b)).
`(b) The Attorney General shall, in consultation with the
Sentencing Commission and the Administrative Office of the United
States Courts, prepare and furnish prison impact assessments under
subsection (c) of this section, and in response to requests from
Congress for information relating to a pending measure or matter
that might affect the number of defendants processed through the
Federal criminal justice system. A prison impact assessment on
pending legislation must be supplied within 21 days of any request.
A prison impact assessment shall include--
`(1) projections of the impact on prison, probation, and post
prison supervision populations;
`(2) an estimate of the fiscal impact of such population
changes on Federal expenditures, including those for
construction and operation of correctional facilities for the
current fiscal year and 5 succeeding fiscal years;
`(3) an analysis of any other significant factor affecting
the cost of the measure and its impact on the operations of
components of the criminal justice system; and
`(4) a statement of the methodologies and assumptions
utilized in preparing the assessment.
`(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment
reflecting the cumulative effect of all relevant changes in the law
taking effect during the preceding calendar year.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 303 is
amended by adding at the end the following new item:
`4047. Prison impact assessments.'.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
IMPRISONMENT, RELEASE, AND PROBATION.
(a) IMPOSITION OF SENTENCE- Section 3572(a) of title 18, United
States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
`(6) the expected costs to the government of any
imprisonment, supervised release, or probation component of the
sentence;'.
(b) DUTIES OF THE SENTENCING COMMISSION- Section 994 of title 28,
United States Code, is amended by adding at the end the following
new subsection:
`(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the
expected costs to the Government of any imprisonment, supervised
release, or probation sentence that is ordered.'.
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior
to November 1, 1987, the reference to supervised release in section
4042(b) of title 18, United States Code, shall be deemed to be a
reference to probation or parole.
SEC. 20405. CREDITING OF `GOOD TIME'.
Section 3624 of title 18, United States Code, is amended--
(1) by striking `he' each place it appears and inserting `the
prisoner';
(2) by striking `his' each place it appears and inserting
`the prisoner's';
(3) in subsection (d) by striking `him' and inserting `the
prisoner'; and
(4) in subsection (b)--
(A) in the first sentence by inserting `(other than a
prisoner serving a sentence for a crime of violence)' after
`A prisoner'; and
(B) by inserting after the first sentence the following:
`A prisoner who is serving a term of imprisonment of more
than 1 year for a crime of violence, other than a term of
imprisonment for the duration of the prisoner's life, may
receive credit toward the service of the prisoner's
sentence, beyond the time served, of up to 54 days at the
end of each year of the prisoner's term of imprisonment,
beginning at the end of the first year of the term, subject
to determination by the Bureau of Prisons that, during that
year, the prisoner has displayed exemplary compliance with
such institutional disciplinary regulations.'.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
TECHNIQUES.
(a) TASK FORCE- The Director of the National Institute of
Corrections shall, subject to availability of appropriations,
establish a task force composed of Federal, State, and local
officials expert in prison construction, and of at least an equal
number of engineers, architects, and construction experts from the
private sector with expertise in prison design and construction,
including the use of cost-cutting construction standardization
techniques and cost-cutting new building materials and technologies.
(b) COOPERATION- The task force shall work in close cooperation
and communication with other State and local officials responsible
for prison construction in their localities.
(c) PERFORMANCE REQUIREMENTS- The task force shall work to--
(1) establish and recommend standardized construction plans
and techniques for prison and prison component construction; and
(2) evaluate and recommend new construction technologies,
techniques, and materials,
to reduce prison construction costs at the Federal, State, and
local levels and make such construction more efficient.
(d) DISSEMINATION- The task force shall disseminate information
described in subsection (c) to State and local officials involved
in prison construction, through written reports and meetings.
(e) PROMOTION AND EVALUATION- The task force shall--
(1) work to promote the implementation of cost-saving efforts
at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of
such cost-saving efforts as adopted, broadly disseminating
information on the results; and
(3) to the extent feasible, certify the effectiveness of the
cost-savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) IN GENERAL- In the administration of each grant program
funded by appropriations authorized by this Act or by an amendment
made by this Act, the Attorney General shall encourage--
(1) innovative methods for the low-cost construction of
facilities to be constructed, converted, or expanded and the
low-cost operation of such facilities and the reduction of
administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DESIGNS- The
Attorney General may make an assessment of the cost efficiency and
utility of using modular, prefabricated, precast, and
pre-engineered construction components and designs for housing
nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION
ACT AND THE NATIONAL LITERACY ACT OF 1991.
(a) TECHNICAL AMENDMENT- The matter preceding paragraph (1) of
section 214(d) of the Department of Education Organization Act (20
U.S.C. 3423a(d)) is amended by striking `under subsection (a)' and
inserting `under subsection (c)'.
(b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS- Section 601 of the
National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
`(g) PANEL- The Secretary is authorized to consult with and
convene a panel of experts in correctional education, including
program administrators and field-based professionals in adult
corrections, juvenile services, jails, and community corrections
programs, to--
`(1) develop measures for evaluating the effectiveness of the
programs funded under this section; and
`(2) evaluate the effectiveness of such programs.
`(h) USE OF FUNDS- Notwithstanding any other provision of law,
the Secretary may use not more than five percent of funds
appropriated under subsection (i) in any fiscal year to carry out
grant-related activities such as monitoring, technical assistance,
and replication and dissemination.'.
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) AMENDMENT OF TITLE 18, UNITED STATES CODE- Subchapter C of
chapter 229 of part 2 of title 18, United States Code, is amended
by adding at the end the following new section:
`Sec. 3626. Appropriate remedies with respect to prison crowding
`(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAINTIFF IN
PARTICULAR-
`(1) HOLDING- A Federal court shall not hold prison or jail
crowding unconstitutional under the eighth amendment except to
the extent that an individual plaintiff inmate proves that the
crowding causes the infliction of cruel and unusual punishment
of that inmate.
`(2) RELIEF- The relief in a case described in paragraph (1)
shall extend no further than necessary to remove the conditions
that are causing the cruel and unusual punishment of the
plaintiff inmate.
`(b) INMATE POPULATION CEILINGS-
`(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICULAR
PRISONERS- A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and unusual punishment on particular identified prisoners.
`(2) RULE OF CONSTRUCTION- Paragraph (1) shall not be
construed to have any effect on Federal judicial power to issue
equitable relief other than that described in paragraph (1),
including the requirement of improved medical or health care
and the imposition of civil contempt fines or damages, where
such relief is appropriate.
`(c) PERIODIC REOPENING- Each Federal court order or consent
decree seeking to remedy an eighth amendment violation shall be
reopened at the behest of a defendant for recommended modification
at a minimum of 2-year intervals.'.
(b) APPLICATION OF AMENDMENT- Section 3626 of title 18, United
States Code, as added by paragraph (1), shall apply to all
outstanding court orders on the date of enactment of this Act. Any
State or municipality shall be entitled to seek modification of any
outstanding eighth amendment decree pursuant to that section.
(c) TECHNICAL AMENDMENT- The subchapter analysis for subchapter C
of chapter 229 of title 18, United States Code, is amended by
adding at the end the following new item:
`3626. Appropriate remedies with respect to prison crowding.'.
(d) SUNSET PROVISION- This section and the amendments made by
this section are repealed effective as of the date that is 5 years
after the date of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) CONGRESSIONAL APPROVAL- Notwithstanding any other provision
of law, the existing prison facilities and complex at the District
of Columbia Corrections Facility at Lorton, Virginia, shall not be
expanded unless such expansion has been approved by the Congress
under the authority provided to Congress in section 446 of the
District of Columbia Self-Government and Governmental
Reorganization Act.
(b) SENATE HEARINGS- The Senate directs the Subcommittee on the
District of Columbia of the Committee on Appropriations of the
Senate to conduct hearings regarding expansion of the prison
complex in Lorton, Virginia, prior to any approval granted pursuant
to subsection (a). The subcommittee shall permit interested
parties, including appropriate officials from the County of
Fairfax, Virginia, to testify at such hearings.
(c) DEFINITION- For purposes of this section, the terms
`expanded' and `expansion' mean any alteration of the physical
structure of the prison complex that is made to increase the number
of inmates incarcerated at the prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) IN GENERAL- Section 401(b)(8) of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)(8)) is amended to read as follows:
`(8) No basic grant shall be awarded under this subpart to any
individual who is incarcerated in any Federal or State penal
institution.'.
(b) APPLICATION OF AMENDMENT- The amendment made by this section
shall apply with respect to periods of enrollment beginning on or
after the date of enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is amended--
(1) by inserting `(1)' after `behavior- ';
(2) by striking `Such credit toward service of sentence vests
at the time that it is received. Credit that has vested may not
later be withdrawn, and credit that has not been earned may not
later be granted.' and inserting `Credit that has not been
earned may not later be granted.'; and
(3) by adding at the end the following:
`(2) Credit toward a prisoner's service of sentence shall not be
vested unless the prisoner has earned or is making satisfactory
progress toward a high school diploma or an equivalent degree.
`(3) The Attorney General shall ensure that the Bureau of Prisons
has in effect an optional General Educational Development program
for inmates who have not earned a high school diploma or its
equivalent.
`(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the Director of
the Federal Bureau of Prisons.'.
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO
FEDERAL PRISON FACILITIES.
(a) STUDY OF SUITABLE BASES- The Secretary of Defense and the
Attorney General shall jointly conduct a study of all military
installations selected before the date of enactment of this Act to
be closed pursuant to a base closure law for the purpose of
evaluating the suitability of any of these installations, or
portions of these installations, for conversion into Federal prison
facilities. As part of the study, the Secretary and the Attorney
General shall identify the military installations so evaluated that
are most suitable for conversion into Federal prison facilities.
(b) SUITABILITY FOR CONVERSION- In evaluating the suitability of
a military installation for conversion into a Federal prison
facility, the Secretary of Defense and the Attorney General shall
consider the estimated cost to convert the installation into a
prison facility and such other factors as the Secretary and the
Attorney General consider to be appropriate.
(c) TIME FOR STUDY- The study required by subsection (a) shall be
completed not later than the date that is 180 days after the date
of enactment of this Act.
(d) CONSTRUCTION OF FEDERAL PRISONS-
(1) IN GENERAL- In determining where to locate any new
Federal prison facility, and in accordance with the Department
of Justice's duty to review and identify a use for any portion
of an installation closed pursuant to title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526) and the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510), the Attorney General shall--
(A) consider whether using any portion of a military
installation closed or scheduled to be closed in the region
pursuant to a base closure law provides a cost-effective
alternative to the purchase of real property or
construction of new prison facilities;
(B) consider whether such use is consistent with a
reutilization and redevelopment plan; and
(C) give consideration to any installation located in a
rural area the closure of which will have a substantial
adverse impact on the economy of the local communities and
on the ability of the communities to sustain an economic
recovery from such closure.
(2) CONSENT- With regard to paragraph (1)(B), consent must be
obtained from the local re-use authority for the military
installation, recognized and funded by the Secretary of
Defense, before the Attorney General may proceed with plans for
the design or construction of a prison at the installation.
(3) REPORT ON BASIS OF DECISION- Before proceeding with plans
for the design or construction of a Federal prison, the
Attorney General shall submit to Congress a report explaining
the basis of the decision on where to locate the new prison
facility.
(4) REPORT ON COST-EFFECTIVENESS- If the Attorney General
decides not to utilize any portion of a closed military
installation or an installation scheduled to be closed for
locating a prison, the report shall include an analysis of why
installations in the region, the use of which as a prison would
be consistent with a reutilization and redevelopment plan, does
not provide a cost-effective alternative to the purchase of
real property or construction of new prison facilities.
(e) DEFINITION- In this section, `base closure law' means--
(1) the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); and
(2) title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.
(a) DRUG TESTING PROGRAM-
(1) IN GENERAL- Subchapter A of chapter 229 of title 18,
United States Code, is amended by adding at the end the
following new section:
`Sec. 3608. Drug testing of Federal offenders on post-conviction
release
`The Director of the Administrative Office of the United States
Courts, in consultation with the Attorney General and the
Secretary of Health and Human Services, shall, subject to the
availability of appropriations, establish a program of drug
testing of Federal offenders on post-conviction release. The
program shall include such standards and guidelines as the Director
may determine necessary to ensure the reliability and accuracy of
the drug testing programs. In each judicial district the chief
probation officer shall arrange for the drug testing of defendants
on post-conviction release pursuant to a conviction for a felony or
other offense described in section 3563(a)(4).'.
(2) TECHNICAL AMENDMENT- The subchapter analysis for
subchapter A of chapter 229 of title 18, United States Code,
is amended by adding at the end the following new item:
`3608. Drug testing of Federal offenders on post-conviction
release.'.
(b) CONDITIONS OF PROBATION- Section 3563(a) of title 18, United
States Code, is amended--
(1) in paragraph (2) by striking `and' after the semicolon;
(2) in paragraph (3) by striking the period and inserting `;
and';
(3) by adding at the end the following new paragraph:
`(4) for a felony, a misdemeanor, or an infraction, that the
defendant refrain from any unlawful use of a controlled
substance and submit to one drug test within 15 days of release
on probation and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance, but
the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the
defendant's presentence report or other reliable sentencing
information indicates a low risk of future substance abuse by
the defendant.'; and
(4) by adding at the end the following: `The results of a
drug test administered in accordance with paragraph (4) shall
be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of
the test. A defendant who tests positive may be detained
pending verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed using
gas chromatography/mass spectrometry techniques or such test as
the Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The
court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current
or past participation in such programs, warrants an exception
in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering
any action against a defendant who fails a drug test
administered in accordance with paragraph (4).'.
(c) CONDITIONS OF SUPERVISED RELEASE- Section 3583(d) of title
18, United States Code, is amended by inserting after the first
sentence the following: `The court shall also order, as an explicit
condition of supervised release, that the defendant refrain from
any unlawful use of a controlled substance and submit to a drug
test within 15 days of release on supervised release and at least
2 periodic drug tests thereafter (as determined by the court) for
use of a controlled substance. The condition stated in the
preceding sentence may be ameliorated or suspended by the court as
provided in section 3563(a)(4). The results of a drug test
administered in accordance with the preceding subsection shall be
subject to confirmation only if the results are positive, the
defendant is subject to possible imprisonment for such failure, and
either the defendant denies the accuracy of such test or there is
some other reason to question the results of the test. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 3583(g) when considering any action against a defendant
who fails a drug test.'.
(d) CONDITIONS OF PAROLE- Section 4209(a) of title 18, United
States Code, is amended by inserting after the first sentence the
following: `In every case, the Commission shall also impose as a
condition of parole that the parolee pass a drug test prior to
release and refrain from any unlawful use of a controlled substance
and submit to at least 2 periodic drug tests (as determined by the
Commission) for use of a controlled substance. The condition stated
in the preceding sentence may be ameliorated or suspended by the
Commission for any individual parolee if it determines that there
is good cause for doing so. The results of a drug test administered
in accordance with the provisions of the preceding sentence shall
be subject to confirmation only if the results are positive, the
defendant is subject to possible imprisonment for such failure, and
either the defendant denies the accuracy of such test or there is
some other reason to question the results of the test. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The Commission shall
consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 4214(f) when considering any action against a defendant
who fails a drug test.'.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
(a) IN GENERAL- Section 6050I of the Internal Revenue Code of
1986 (relating to returns relating to cash received in trade or
business) is amended by adding at the end the following new
subsection:
`(g) CASH RECEIVED BY CRIMINAL COURT CLERKS-
`(1) IN GENERAL- Every clerk of a Federal or State criminal
court who receives more than $10,000 in cash as bail for any
individual charged with a specified criminal offense shall make
a return described in paragraph (2) (at such time as the
Secretary may by regulations prescribe) with respect to the
receipt of such bail.
`(2) RETURN- A return is described in this paragraph if such
return--
`(A) is in such form as the Secretary may prescribe, and
`(B) contains--
`(i) the name, address, and TIN of--
`(I) the individual charged with the specified criminal offense,
and
`(II) each person posting the bail (other than a person licensed
as a bail bondsman),
`(ii) the amount of cash received,
`(iii) the date the cash was received, and
`(iv) such other information as the Secretary may
prescribe.
`(3) SPECIFIED CRIMINAL OFFENSE- For purposes of this
subsection, the term `specified criminal offense' means--
`(A) any Federal criminal offense involving a controlled
substance,
`(B) racketeering (as defined in section 1951, 1952, or
1955 of title 18, United States Code),
`(C) money laundering (as defined in section 1956 or 1957
of such title), and
`(D) any State criminal offense substantially similar to
an offense described in subparagraph (A), (B), or (C).
`(4) INFORMATION TO FEDERAL PROSECUTORS- Each clerk required
to include on a return under paragraph (1) the information
described in paragraph (2)(B) with respect to an individual
described in paragraph (2)(B)(i)(I) shall furnish (at such time
as the Secretary may by regulations prescribe) a written
statement showing such information to the United States
Attorney for the jurisdiction in which such individual resides
and the jurisdiction in which the specified criminal offense
occurred.
`(5) INFORMATION TO PAYORS OF BAIL- Each clerk required to
make a return under paragraph (1) shall furnish (at such time
as the Secretary may by regulations prescribe) to each person
whose name is required to be set forth in such return by
reason of paragraph (2)(B)(i)(II) a written statement showing--
`(A) the name and address of the clerk's office required
to make the return, and
`(B) the aggregate amount of cash described in paragraph
(1) received by such clerk.'.
(b) CONFORMING AMENDMENTS-
(1) Clause (iv) of section 6724(d)(1)(B) of the Internal
Revenue Code of 1986 is amended to read as follows:
`(iv) section 6050I (a) or (g)(1) (relating to cash
received in trade or business, etc.),'.
(2) Subparagraph (K) of section 6724(d)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
`(K) section 6050I(e) or paragraph (4) or (5) of section
6050I(g) (relating to cash received in trade or business,
etc.),'.
(3) The heading for section 6050I of the Internal Revenue
Code of 1986 is amended by striking ` [Bold->] BUSINESS
[<-Bold] ' and inserting ` [Bold->] BUSINESS, ETC [<-Bold] .'.
(4) The table of sections for subpart B of part III of
subchapter A of chapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by striking `business' and inserting
`business, etc.' in the item relating to section 6050I.
(c) REGULATIONS- The Secretary of the Treasury or the Secretary's
delegate shall prescribe temporary regulations under the amendments
made by this section within 90 days after the date of enactment of
this Act.
(d) EFFECTIVE DATE- The amendments made by this section shall
take effect on the 60th day after the date on which the temporary
regulations are prescribed under subsection (c).
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES- Section 7 of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `ninety days' and
inserting `180 days'; and
(B) in paragraph (2), by inserting before the period at
the end the following: `or are otherwise fair and
effective'; and
(2) in subsection (c)--
(A) in paragraph (1) by inserting before the period at
the end the following: `or are otherwise fair and
effective'; and
(B) in paragraph (2) by inserting before the period at
the end the following: `or is no longer fair and effective'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amended--
(1) by striking `The Bureau' and inserting `(a) IN GENERAL-
The Bureau';
(2) by striking `This section' and inserting `(c) APPLICATION
OF SECTION- This section';
(3) in paragraph (4) of subsection (a), as designated by
paragraph (1)--
(A) by striking `Provide' and inserting `provide'; and
(B) by striking the period at the end and inserting `;
and';
(4) by inserting after paragraph (4) of subsection (a), as
designated by paragraph (1), the following new paragraph:
`(5) provide notice of release of prisoners in accordance
with subsection (b).'; and
(5) by inserting after subsection (a), as designated by
paragraph (1), the following new subsection:
`(b) NOTICE OF RELEASE OF PRISONERS- (1) At least 5 days prior to
the date on which a prisoner described in paragraph (3) is to be
released on supervised release, or, in the case of a prisoner on
supervised release, at least 5 days prior to the date on which the
prisoner changes residence to a new jurisdiction, written notice of
the release or change of residence shall be provided to the chief
law enforcement officer of the State and of the local jurisdiction
in which the prisoner will reside. Notice prior to release shall be
provided by the Director of the Bureau of Prisons. Notice
concerning a change of residence following release shall be
provided by the probation officer responsible for the supervision
of the released prisoner, or in a manner specified by the Director
of the Administrative Office of the United States Courts. The
notice requirements under this subsection do not apply in relation
to a prisoner being protected under chapter 224.
`(2) A notice under paragraph (1) shall disclose--
`(A) the prisoner's name;
`(B) the prisoner's criminal history, including a description
of the offense of which the prisoner was convicted; and
`(C) any restrictions on conduct or other conditions to the
release of the prisoner that are imposed by law, the sentencing
court, or the Bureau of Prisons or any other Federal agency.
`(3) A prisoner is described in this paragraph if the prisoner
was convicted of--
`(A) a drug trafficking crime, as that term is defined in
section 924(c)(2); or
`(B) a crime of violence (as defined in section 924(c)(3)).
`(4) The notice provided under this section shall be used solely
for law enforcement purposes.'.
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) PURPOSE- It is the purpose of this section to encourage and
support job training programs, and job placement programs, that
provide services to incarcerated persons or ex-offenders.
(b) DEFINITIONS- As used in this section:
(1) CORRECTIONAL INSTITUTION- The term `correctional
institution' means any prison, jail, reformatory, work farm,
detention center, or halfway house, or any other similar
institution designed for the confinement or rehabilitation of
criminal offenders.
(2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM- The term
`correctional job training or placement program' means an
activity that provides job training or job placement services
to incarcerated persons or ex-offenders, or that assists
incarcerated persons or ex-offenders in obtaining such services.
(3) EX-OFFENDER- The term `ex-offender' means any individual
who has been sentenced to a term of probation by a Federal or
State court, or who has been released from a Federal, State, or
local correctional institution.
(4) INCARCERATED PERSON- The term `incarcerated person' means
any individual incarcerated in a Federal or State correctional
institution who is charged with or convicted of any criminal
offense.
(c) ESTABLISHMENT OF OFFICE-
(1) IN GENERAL- The Attorney General shall establish within
the Department of Justice an Office of Correctional Job
Training and Placement. The Office shall be headed by a
Director, who shall be appointed by the Attorney General.
(2) TIMING- The Attorney General shall carry out this
subsection not later than 6 months after the date of enactment
of this section.
(d) FUNCTIONS OF OFFICE- The Attorney General, acting through the
Director of the Office of Correctional Job Training and Placement,
in consultation with the Secretary of Labor, shall--
(1) assist in coordinating the activities of the Federal
Bonding Program of the Department of Labor, the activities of
the Department of Labor related to the certification of
eligibility for targeted jobs credits under section 51 of the
Internal Revenue Code of 1986 with respect to ex-offenders, and
any other correctional job training or placement program of the
Department of Justice or Department of Labor;
(2) provide technical assistance to State and local
employment and training agencies that--
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs
carried out by the Department of Justice or Department of
Labor, for activities related to the development of
employability;
(3) prepare and implement the use of special staff training
materials, and methods, for developing the staff competencies
needed by State and local agencies to assist incarcerated
persons and ex-offenders in gaining marketable occupational
skills and job placement;
(4) prepare and submit to Congress an annual report on the
activities of the Office of Correctional Job Training and
Placement, and the status of correctional job training or
placement programs in the United States;
(5) cooperate with other Federal agencies carrying out
correctional job training or placement programs to ensure
coordination of such programs throughout the United States;
(6) consult with, and provide outreach to--
(A) State job training coordinating councils,
administrative entities, and private industry councils,
with respect to programs carried out under this Act; and
(B) other State and local officials, with respect to
other employment or training programs carried out by the
Department of Justice or Department of Labor;
(7) collect from States information on the training
accomplishments and employment outcomes of a sample of
incarcerated persons and ex-offenders who were served by
employment or training programs carried out, or that receive
financial assistance through programs carried out, by the
Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments information
on the development and implementation of correctional job
training or placement programs; and
(B) disseminate such information, as appropriate.
TITLE III--CRIME PREVENTION
SUBTITLE A--OUNCE OF PREVENTION COUNCIL
SEC. 30101. OUNCE OF PREVENTION COUNCIL.
(a) ESTABLISHMENT-
(1) IN GENERAL- There is established an Ounce of Prevention
Council (referred to in this title as the `Council'), the
members of which--
(A) shall include the Attorney General, the Secretary of
Education, the Secretary of Health and Human Services, the
Secretary of Housing and Urban Development, the Secretary
of Labor, the Secretary of Agriculture, the Secretary of
the Treasury, the Secretary of the Interior, and the
Director of the Office of National Drug Control Policy; and
(B) may include other officials of the executive branch
as directed by the President.
(2) CHAIR- The President shall designate the Chair of the
Council from among its members (referred to in this title as
the `Chair').
(3) STAFF- The Council may employ any necessary staff to
carry out its functions, and may delegate any of its functions
or powers to a member or members of the Council.
(b) PROGRAM COORDINATION- For any program authorized under the
Violent Crime Control and Law Enforcement Act of 1994, the Ounce of
Prevention Council Chair, only at the request of the Council member
with jurisdiction over that program, may coordinate that program,
in whole or in part, through the Council.
(c) ADMINISTRATIVE RESPONSIBILITIES AND POWERS- In addition to
the program coordination provided in subsection (b), the Council
shall be responsible for such functions as coordinated planning,
development of a comprehensive crime prevention program catalogue,
provision of assistance to communities and community-based
organizations seeking information regarding crime prevention
programs and integrated program service delivery, and development
of strategies for program integration and grant simplification. The
Council shall have the authority to audit the expenditure of funds
received by grantees under programs administered by or coordinated
through the Council. In consultation with the Council, the Chair
may issue regulations and guidelines to carry out this subtitle and
programs administered by or coordinated through the Council.
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) IN GENERAL- The Council may make grants for--
(1) summer and after-school (including weekend and holiday)
education and recreation programs;
(2) mentoring, tutoring, and other programs involving
participation by adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and job
placement; and
(4) prevention and treatment programs to reduce substance
abuse, child abuse, and adolescent pregnancy, including
outreach programs for at-risk families.
(b) APPLICANTS- Applicants may be Indian tribal governments,
cities, counties, or other municipalities, school boards, colleges
and universities, private nonprofit entities, or consortia of
eligible applicants. Applicants must show that a planning process
has occurred that has involved organizations, institutions, and
residents of target areas, including young people, and that there
has been cooperation between neighborhood-based entities,
municipality-wide bodies, and local private-sector representatives.
Applicants must demonstrate the substantial involvement of
neighborhood-based entities in the carrying out of the proposed
activities. Proposals must demonstrate that a broad base of
collaboration and coordination will occur in the implementation of
the proposed activities, involving cooperation among youth-serving
organizations, schools, health and social service providers,
employers, law enforcement professionals, local government, and
residents of target areas, including young people. Applications
shall be geographically based in particular neighborhoods or
sections of municipalities or particular segments of rural areas,
and applications shall demonstrate how programs will serve
substantial proportions of children and youth resident in the
target area with activities designed to have substantial impact on
their lives.
(c) PRIORITY- In making such grants, the Council shall give
preference to coalitions consisting of a broad spectrum of
community-based and social service organizations that have a
coordinated team approach to reducing gang membership and the
effects of substance abuse, and providing alternatives to at-risk
youth.
(d) FEDERAL SHARE-
(1) IN GENERAL- The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the
projects described in the applications submitted under
subsection (b) for the fiscal year for which the projects
receive assistance under this title.
(2) WAIVER- The Council may waive the 25 percent matching
requirement under paragraph (1) upon making a determination
that a waiver is equitable in view of the financial
circumstances affecting the ability of the applicant to meet
that requirement.
(3) NON-FEDERAL SHARE- The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services.
(4) NONSUPPLANTING REQUIREMENT- Funds made available under
this title to a governmental entity shall not be used to
supplant State or local funds, or in the case of Indian tribal
governments, funds supplied by the Bureau of Indian Affairs,
but shall be used to increase the amount of funds that would,
in the absence of Federal funds received under this title, be
made available from State or local sources, or in the case of
Indian tribal governments, from funds supplied by the Bureau of
Indian Affairs.
(5) EVALUATION- The Council shall conduct a thorough
evaluation of the programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, `Indian tribe' means a tribe, band, pueblo,
nation, or other organized group or community of Indians, including
an Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,500,000 for fiscal year 1995;
(2) $14,700,000 for fiscal year 1996;
(3) $18,000,000 for fiscal year 1997;
(4) $18,000,000 for fiscal year 1998;
(5) $18,900,000 for fiscal year 1999; and
(6) $18,900,000 for fiscal year 2000.
SUBTITLE B--LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) PAYMENT AND USE-
(1) PAYMENT- The Attorney General, shall pay to each unit of
general local government which qualifies for a payment under
this subtitle an amount equal to the sum of any amounts
allocated to the government under this subtitle for each
payment period. The Attorney General shall pay such amount from
amounts appropriated under section 30202.
(2) USE- Amounts paid to a unit of general local government
under this section shall be used by that unit for carrying out
one or more of the following purposes:
(A) Education, training, research, prevention, diversion,
treatment, and rehabilitation programs to prevent juvenile
violence, juvenile gangs, and the use and sale of illegal
drugs by juveniles.
(B) Programs to prevent crimes against the elderly based
on the concepts of the Triad model.
(C) Programs that prevent young children from becoming
gang involved, including the award of grants or contracts
to community-based service providers that have a proven
track record of providing services to children ages 5 to 18.
(D) Saturation jobs programs, offered either separately
or in conjunction with the services provided for under the
Youth Fair Chance Program, that provide employment
opportunities leading to permanent unsubsidized employment
for disadvantaged young adults 16 through 25 years of age.
(E) Midnight sports league programs that shall require
each player in the league to attend employment counseling,
job training, and other educational classes provided under
the program, which shall be held in conjunction with league
sports games at or near the site of the games.
(F) Supervised sports and recreation programs, including
Olympic Youth Development Centers established in
cooperation with the United States Olympic Committee, that
are offered--
(i) after school and on weekends and holidays, during
the school year; and
(ii) as daily (or weeklong) full-day programs (to the
extent available resources permit) or as part-day
programs, during the summer months.
(G) Prevention and enforcement programs to reduce--
(i) the formation or continuation of juvenile gangs;
and
(ii) the use and sale of illegal drugs by juveniles.
(H) Youth anticrime councils to give intermediate and
secondary school students a structured forum through which
to work with community organizations, law enforcement
officials, government and media representatives, and school
administrators and faculty to address issues regarding
youth and violence.
(I) Award of grants or contracts to the Boys and Girls
Clubs of America, a national nonprofit youth organization,
to establish Boys and Girls Clubs in public housing.
(J) Supervised visitation centers for children who have
been removed from their parents and placed outside the
home as a result of abuse or neglect or other risk of harm
to them and for children whose parents are separated or
divorced and the children are at risk because--
(i) there is documented sexual, physical, or
emotional abuse as determined by a court of competent
jurisdiction;
(ii) there is suspected or elevated risk of sexual,
physical, or emotional abuse, or there have been
threats of parental abduction of the child;
(iii) due to domestic violence, there is an ongoing
risk of harm to a parent or child;
(iv) a parent is impaired because of substance abuse
or mental illness;
(v) there are allegations that a child is at risk for
any of the reasons stated in clauses (i), (ii), (iii),
and (iv), pending an investigation of the allegations; or
(vi) other circumstances, as determined by a court of
competent jurisdiction, point to the existence of such
a risk.
(K) Family Outreach Teams which provide a youth worker, a
parent worker, and a school-parent organizer to provide
training in outreach, mentoring, community organizing and
peer counseling and mentoring to locally recruited
volunteers in a particular area.
(L) To establish corridors of safety for senior citizens
by increasing the numbers, presence, and watchfulness of
law enforcement officers, community groups, and business
owners and employees.
(M) Teams or units involving both specially trained law
enforcement professionals and child or family services
professionals that on a 24-hour basis respond to or deal
with violent incidents in which a child is involved as a
perpetrator, witness, or victim.
(N) Dwelling units to law enforcement officers without
charge or at a substantially reduced rent for the purpose
of providing greater security for residents of high crime
areas.
(b) TIMING OF PAYMENTS- The Attorney General shall pay each
amount allocated under this subtitle to a unit of general local
government for a payment period by the later of 90 days after the
date the amount is available or the first day of the payment period
if the unit of general local government has provided the Attorney
General with the assurances required by section 30203(d).
(c) ADJUSTMENTS-
(1) IN GENERAL- Subject to paragraph (2), the Attorney
General shall adjust a payment under this subtitle to a unit of
general local government to the extent that a prior payment to
the government was more or less than the amount required to be
paid.
(2) CONSIDERATIONS- The Attorney General may increase or
decrease under this subsection a payment to a unit of general
local government only if the Attorney General determines the
need for the increase or decrease, or the unit requests the
increase or decrease, within one year after the end of the
payment period for which the payment was made.
(d) RESERVATION FOR ADJUSTMENTS- The Attorney General may reserve
a percentage of not more than 2 percent of the amount under this
section for a payment period for all units of general local
government in a State if the Attorney General considers the reserve
is necessary to ensure the availability of sufficient amounts to
pay adjustments after the final allocation of amounts among the
units of general local government in the State.
(e) REPAYMENT OF UNEXPENDED AMOUNTS-
(1) REPAYMENT REQUIRED- A unit of general local government
shall repay to the Attorney General, by not later than 15
months after receipt from the Attorney General, any amount that
is--
(A) paid to the unit from amounts appropriated under the
authority of this section; and
(B) not expended by the unit within one year after
receipt from the Attorney General.
(2) PENALTY FOR FAILURE TO REPAY- If the amount required to
be repaid is not repaid, the Attorney General shall reduce
payments in future payment periods accordingly.
(3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to units of
general local government.
(f) NONSUPPLANTING REQUIREMENT- Funds made available under this
subtitle to units of local government shall not be used to supplant
State or local funds, but will be used to increase the amount of
funds that would, in the absence of funds under this subtitle, be
made available from State or local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subtitle--
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) ADMINISTRATIVE COSTS- Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to
be appropriated for the period fiscal year 1995 through fiscal year
2000 to be available for administrative costs by the Attorney
General in furtherance of the purposes of the program. Such sums
are to remain available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) IN GENERAL- The Attorney General shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Attorney General
of the units' proposed use of assistance under this subtitle.
(b) GENERAL REQUIREMENTS FOR QUALIFICATION- A unit of general
local government qualifies for a payment under this subtitle for a
payment period only after establishing to the satisfaction of the
Attorney General that--
(1) the government will establish a trust fund in which the
government will deposit all payments received under this
subtitle;
(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to
the expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals employed
by the government in a public employee occupation is paid out
of the trust fund, individuals in the occupation any part of
whose pay is paid out of the trust fund will receive pay at
least equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by the
government;
(5) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed
by the Attorney General after consultation with the Comptroller
General of the United States. As applicable, amounts received
under this subtitle shall be audited in compliance with the
Single Audit Act of 1984;
(6) after reasonable notice to the government, the government
will make available to the Attorney General and the Comptroller
General of the United States, with the right to inspect,
records the Attorney General reasonably requires to review
compliance with this subtitle or the Comptroller General of the
United States reasonably requires to review compliance and
operations;
(7) the government will make reports the Attorney General
reasonably requires, in addition to the annual reports required
under this subtitle; and
(8) the government will spend the funds only for the purposes
set forth in section 30201(a)(2).
(c) REVIEW BY GOVERNORS- A unit of general local government shall
give the chief executive officer of the State in which the
government is located an opportunity for review and comment before
establishing compliance with subsection (d).
(d) SANCTIONS FOR NONCOMPLIANCE-
(1) IN GENERAL- If the Attorney General decides that a unit
of general local government has not complied substantially with
subsection (b) or regulations prescribed under subsection (b),
the Attorney General shall notify the government. The notice
shall state that if the government does not take corrective
action by the 60th day after the date the government receives
the notice, the Attorney General will withhold additional
payments to the government for the current payment period and
later payment periods until the Attorney General is satisfied
that the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
(2) NOTICE- Before giving notice under paragraph (1), the
Attorney General shall give the chief executive officer of the
unit of general local government reasonable notice and an
opportunity for comment.
(3) PAYMENT CONDITIONS- The Attorney General may make a
payment to a unit of general local government notified under
paragraph (1) only if the Attorney General is satisfied that
the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) STATE DISTRIBUTION- For each payment period, the Attorney
General shall allocate out of the amount appropriated for the
period under the authority of section 30202--
(1) 0.25 percent to each State; and
(2) of the total amount of funds remaining after allocation
under paragraph (1), an amount that is equal to the ratio that
the number of part 1 violent crimes reported by such State to
the Federal Bureau of Investigation for 1993 bears to the
number of part 1 violent crimes reported by all States to the
Federal Bureau of Investigation for 1993.
(b) LOCAL DISTRIBUTION- (1) The Attorney General shall allocate
among the units of general local government in a State the amount
allocated to the State under paragraphs (1) and (2) of subsection
(a).
(2) The Attorney General shall allocate to each unit of general
local government an amount which bears the ratio that the number of
part 1 violent crimes reported by such unit to the Federal Bureau
of Investigation for 1993 bears to the number of part 1 violent
crimes reported by all units in the State in which the unit is
located to the Federal Bureau of Investigation for 1993 multiplied
by the ratio of the population living in all units in the State in
which the unit is located that reported part 1 violent crimes to
the Federal Bureau of Investigation for 1993 bears to the
population of the State; or if such data are not available for a
unit, the ratio that the population of such unit bears to the
population of all units in the State in which the unit is located
for which data are not available multiplied by the ratio of the
population living in units in the State in which the unit is
located for which data are not available bears to the population of
the State.
(3) If under paragraph (2) a unit is allotted less than $5,000
for the payment period, the amount allotted shall be transferred to
the Governor of the State who shall equitably distribute the
allocation to all such units or consortia thereof.
(4) If there is in a State a unit of general local government
that has been incorporated since the date of the collection of the
data used by the Attorney General in making allocations pursuant to
this section, the Attorney General shall allocate to this newly
incorporated local government, out of the amount allocated to the
State under this section, an amount bearing the same ratio to the
amount allocated to the State as the population of the newly
incorporated local government bears to the population of the State.
If there is in the State a unit of general local government that
has been annexed since the date of the collection of the data used
by the Attorney General in making allocations pursuant to this
section, the Attorney General shall pay the amount that would have
been allocated to this local government to the unit of general
local government that annexed it.
(c) UNAVAILABILITY OF INFORMATION- For purposes of this section,
if data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall
utilize the best available comparable data regarding the number of
violent crimes for 1993 for such State for the purposes of
allocation of any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may be
utilized to contract with private, nonprofit entities or
community-based organizations to carry out the uses specified under
section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under this
subtitle shall hold at least one public hearing on the proposed use
of the payment in relation to its entire budget. At the hearing,
persons shall be given an opportunity to provide written and oral
views to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the
relation of the payment to the entire budget. The government shall
hold the hearing at a time and a place that allows and encourages
public attendance and participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime
Control and Safe Streets Act of 1968, shall apply to the Attorney
General for purposes of carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term `unit of general local government' means--
(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of general
local government as determined by the Secretary of Commerce
for general statistical purposes; and
(B) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
(2) The term `payment period' means each 1-year period
beginning on October 1 of the years 1995 through 2000.
(3) The term `State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands, except that American Samoa, Guam, and the Northern
Mariana Islands shall be considered as one State and that, for
purposes of section 30204(a), 33 per centum of the amounts
allocated shall be allocated to American Samoa, 50 per centum
to Guam, and 17 per centum to the Northern Mariana Islands.
(4) The term `children' means persons who are not younger
than 5 and not older than 18 years old.
(5) The term `part 1 violent crimes' means murder and
non-negligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
SUBTITLE C--MODEL INTENSIVE GRANT PROGRAMS
SEC. 30301. GRANT AUTHORIZATION.
(a) ESTABLISHMENT-
(1) IN GENERAL- The Attorney General may award grants to not
more than 15 chronic high intensive crime areas to develop
comprehensive model crime prevention programs that--
(A) involve and utilize a broad spectrum of community
resources, including nonprofit community organizations, law
enforcement organizations, and appropriate State and
Federal agencies, including the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to
involvement in crime.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL- The
Attorney General may consult with the Ounce of Prevention
Council in awarding grants under paragraph (1).
(b) PRIORITY- In awarding grants under subsection (a), the
Attorney General shall give priority to proposals that--
(1) are innovative in approach to the prevention of crime in
a specific area;
(2) vary in approach to ensure that comparisons of different
models may be made; and
(3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the
overall needs of communities that benefit from grants received
under this title.
SEC. 30302. USES OF FUNDS.
(a) IN GENERAL- Funds awarded under this subtitle may be used
only for purposes described in an approved application. The intent
of grants under this subtitle is to fund intensively comprehensive
crime prevention programs in chronic high intensive crime areas.
(b) GUIDELINES- The Attorney General shall issue and publish in
the Federal Register guidelines that describe suggested purposes
for which funds under approved programs may be used.
(c) EQUITABLE DISTRIBUTION OF FUNDS- In disbursing funds under
this subtitle, the Attorney General shall ensure the distribution
of awards equitably on a geographic basis, including urban and
rural areas of varying population and geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) DESCRIPTION- An applicant shall include a description of the
distinctive factors that contribute to chronic violent crime within
the area proposed to be served by the grant. Such factors may
include lack of alternative activities and programs for youth,
deterioration or lack of public facilities, inadequate public
services such as public transportation, street lighting,
community-based substance abuse treatment facilities, or employment
services offices, and inadequate police or public safety services,
equipment, or facilities.
(b) COMPREHENSIVE PLAN- An applicant shall include a
comprehensive, community-based plan to attack intensively the
principal factors identified in subsection (a). Such plans shall
describe the specific purposes for which funds are proposed to be
used and how each purpose will address specific factors. The plan
also shall specify how local nonprofit organizations, government
agencies, private businesses, citizens groups, volunteer
organizations, and interested citizens will cooperate in carrying
out the purposes of the grant.
(c) EVALUATION- An applicant shall include an evaluation plan by
which the success of the plan will be measured, including the
articulation of specific, objective indicia of performance, how the
indicia will be evaluated, and a projected timetable for carrying
out the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local elected
official of an area shall--
(1) prepare and submit to the Attorney General an application
in such form, at such time, and in accordance with such
procedures, as the Attorney General shall establish; and
(2) provide an assurance that funds received under this
subtitle shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for programs funded
under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall
prepare and submit to the Committees on the Judiciary of the House
and Senate an evaluation of the model programs developed under this
subtitle and make recommendations regarding the implementation of a
national crime prevention program.
SEC. 30306. DEFINITIONS.
In this subtitle--
`chief local elected official' means an official designated
under regulations issued by the Attorney General. The criteria
used by the Attorney General in promulgating such regulations
shall ensure administrative efficiency and accountability in
the expenditure of funds and execution of funded projects under
this subtitle.
`chronic high intensity crime area' means an area meeting
criteria adopted by the Attorney General by regulation that, at
a minimum, define areas with--
(A) consistently high rates of violent crime as reported
in the Federal Bureau of Investigation's `Uniform Crime
Reports', and
(B) chronically high rates of poverty as determined by
the Bureau of the Census.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
SUBTITLE D--FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT
PROGRAM.
(a) SHORT TITLE- This section may be cited as the `Community
Schools Youth Services and Supervision Grant Program Act of 1994'.
(b) DEFINITIONS- In this section--
`child' means a person who is not younger than 5 and not
older than 18 years old.
`community-based organization' means a private, locally
initiated, community-based organization that--
(A) is a nonprofit organization, as defined in section
103(23) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(23)); and
(B) is operated by a consortium of service providers,
consisting of representatives of 5 or more of the following
categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved in
providing employment and business development
opportunities in the community.
(iii) Educators.
(iv) Religious organizations (which shall not provide
any sectarian instruction or sectarian worship in
connection with an activity funded under this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
`eligible community' means an area identified pursuant to
subsection (e).
`Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
`poverty line' means the income official poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
`public school' means a public elementary school, as defined
in section 1201(i) of the Higher Education Act of 1965 (20
U.S.C. 1141(i)), and a public secondary school, as defined in
section 1201(d) of that Act.
`Secretary' means the Secretary of Health and Human Services,
in consultation and coordination with the Attorney General.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
(c) PROGRAM AUTHORITY-
(1) IN GENERAL-
(A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY- For any
fiscal year in which the sums appropriated to carry out
this section equal or exceed $20,000,000, from the sums
appropriated to carry out this subsection, the Secretary
shall allocate, for grants under subparagraph (B) to
community-based organizations in each State, an amount
bearing the same ratio to such sums as the number of
children in the State who are from families with incomes
below the poverty line bears to the number of children in
all States who are from families with incomes below the
poverty line. In view of the extraordinary need for
assistance in Indian country, an appropriate amount of
funds available under this subtitle shall be made available
for such grants in Indian country.
(B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM
ALLOCATIONS- For such a fiscal year, the Secretary may
award grants from the appropriate State or Indian country
allocation determined under subparagraph (A) on a
competitive basis to eligible community-based organizations
to pay for the Federal share of assisting eligible
communities to develop and carry out programs in accordance
with this section.
(C) REALLOCATION- If, at the end of such a fiscal year,
the Secretary determines that funds allocated for
community-based organizations in a State or Indian country
under subparagraph (B) remain unobligated, the Secretary
may use such funds to award grants to eligible
community-based organizations in another State or Indian
country to pay for such Federal share. In awarding such
grants, the Secretary shall consider the need to maintain
geographic diversity among the recipients of such grants.
Amounts made available through such grants shall remain
available until expended.
(2) OTHER FISCAL YEARS- For any fiscal year in which the sums
appropriated to carry out this section are less than
$20,000,000, the Secretary may award grants on a competitive
basis to eligible community-based organizations to pay for the
Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(3) ADMINISTRATIVE COSTS- The Secretary may use not more than
3 percent of the funds appropriated to carry out this section
in any fiscal year for administrative costs.
(d) PROGRAM REQUIREMENTS-
(1) LOCATION- A community-based organization that receives a
grant under this section to assist in carrying out such a
program shall ensure that the program is carried out--
(A) when appropriate, in the facilities of a public
school during nonschool hours; or
(B) in another appropriate local facility in a State or
Indian country, such as a college or university, a local or
State park or recreation center, church, or military base,
that is--
(i) in a location that is easily accessible to
children in the community; and
(ii) in compliance with all applicable local
ordinances.
(2) USE OF FUNDS- Such community-based organization--
(A) shall use funds made available through the grant to
provide, to children in the eligible community, services
and activities that--
(i) shall include supervised sports programs, and
extracurricular and academic programs, that are offered--
(I) after school and on weekends and holidays, during the school
year; and
(II) as daily full-day programs (to the extent available
resources permit) or as part-day programs, during the summer months;
(B) in providing such extracurricular and academic
programs, shall provide programs such as curriculum-based
supervised educational, work force preparation,
entrepreneurship, cultural, health programs, social
activities, arts and crafts programs, dance programs,
tutorial and mentoring programs, and other related
activities;
(C) may use--
(i) such funds for minor renovation of facilities
that are in existence prior to the operation of the
program and that are necessary for the operation of the
program for which the organization receives the grant,
purchase of sporting and recreational equipment and
supplies, reasonable costs for the transportation of
participants in the program, hiring of staff, provision
of meals for such participants, provision of health
services consisting of an initial basic physical
examination, provision of first aid and nutrition
guidance, family counselling, parental training, and
substance abuse treatment where appropriate; and
(ii) not more than 5 percent of such funds to pay for
the administrative costs of the program; and
(D) may not use such funds to provide sectarian worship
or sectarian instruction.
(e) ELIGIBLE COMMUNITY IDENTIFICATION-
(1) IDENTIFICATION- To be eligible to receive a grant under
this section, a community-based organization shall identify an
eligible community to be assisted under this section.
(2) CRITERIA- Such eligible community shall be an area that
meets such criteria with respect to significant poverty and
significant juvenile delinquency, and such additional criteria,
as the Secretary may by regulation require.
(f) APPLICATIONS-
(1) APPLICATION REQUIRED- To be eligible to receive a grant
under this section, a community-based organization shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information, as the Secretary may
reasonably require, and obtain approval of such application.
(2) CONTENTS OF APPLICATION- Each application submitted
pursuant to paragraph (1) shall--
(A) describe the activities and services to be provided
through the program for which the grant is sought;
(B) contain an assurance that the community-based
organization will spend grant funds received under this
section in a manner that the community-based organization
determines will best accomplish the objectives of this
section;
(C) contain a comprehensive plan for the program that is
designed to achieve identifiable goals for children in the
eligible community;
(D) set forth measurable goals and outcomes for the
program that--
(i) will--
(I) where appropriate, make a public school the focal point of
the eligible community; or
(II) make a local facility described in subsection (d)(1)(B) such
a focal point; and
(ii) may include reducing the percentage of children
in the eligible community that enter the juvenile
justice system, increasing the graduation rates, school
attendance, and academic success of children in the
eligible community, and improving the skills of program
participants;
(E) provide evidence of support for accomplishing such
goals and outcomes from--
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government officials; and
(vii) other organizations that the community-based
organization determines to be appropriate;
(F) contain an assurance that the community-based
organization will use grant funds received under this
section to provide children in the eligible community with
activities and services that shall include supervised
sports programs, and extracurricular and academic programs,
in accordance with subparagraphs (A) and (B) of subsection
(d)(2);
(G) contain a list of the activities and services that
will be offered through the program for which the grant is
sought and sponsored by private nonprofit organizations,
individuals, and groups serving the eligible community,
including--
(i) extracurricular and academic programs, such as
programs described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the
community;
(H) demonstrate the manner in which the community-based
organization will make use of the resources, expertise, and
commitment of private entities in carrying out the program
for which the grant is sought;
(I) include an estimate of the number of children in the
eligible community expected to be served pursuant to the
program;
(J) include a description of charitable private
resources, and all other resources, that will be made
available to achieve the goals of the program;
(K) contain an assurance that the community-based
organization will use competitive procedures when
purchasing, contracting, or otherwise providing for goods,
activities, or services to carry out programs under this
section;
(L) contain an assurance that the program will maintain a
staff-to-participant ratio (including volunteers) that is
appropriate to the activity or services provided by the
program;
(M) contain an assurance that the program will maintain
an average attendance rate of not less than 75 percent of
the participants enrolled in the program, or will enroll
additional participants in the program;
(N) contain an assurance that the community-based
organization will comply with any evaluation under
subsection (m), any research effort authorized under
Federal law, and any investigation by the Secretary;
(O) contain an assurance that the community-based
organization shall prepare and submit to the Secretary an
annual report regarding any program conducted under this
section;
(P) contain an assurance that the program for which the
grant is sought will, to the maximum extent possible,
incorporate services that are provided solely through
non-Federal private or nonprofit sources; and
(Q) contain an assurance that the community-based
organization will maintain separate accounting records for
the program.
(3) PRIORITY- In awarding grants to carry out programs under
this section, the Secretary shall give priority to
community-based organizations who submit applications that
demonstrate the greatest effort in generating local support for
the programs.
(g) ELIGIBILITY OF PARTICIPANTS-
(1) IN GENERAL- To the extent possible, each child who
resides in an eligible community shall be eligible to
participate in a program carried out in such community that
receives assistance under this section.
(2) ELIGIBILITY- To be eligible to participate in a program
that receives assistance under this section, a child shall
provide the express written approval of a parent or guardian,
and shall submit an official application and agree to the terms
and conditions of participation in the program.
(3) NONDISCRIMINATION- In selecting children to participate
in a program that receives assistance under this section, a
community-based organization shall not discriminate on the
basis of race, color, religion, sex, national origin, or
disability.
(h) PEER REVIEW PANEL-
(1) ESTABLISHMENT- The Secretary may establish a peer review
panel that shall be comprised of individuals with demonstrated
experience in designing and implementing community-based
programs.
(2) COMPOSITION- A peer review panel shall include at least 1
representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic
Committee, at the option of the Secretary.
(3) FUNCTIONS- A peer review panel shall conduct the initial
review of all grant applications received by the Secretary
under subsection (f), make recommendations to the Secretary
regarding--
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted
under this section.
(i) INVESTIGATIONS AND INSPECTIONS- The Secretary may conduct
such investigations and inspections as may be necessary to ensure
compliance with the provisions of this section.
(j) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE-
(1) PAYMENTS- The Secretary shall, subject to the
availability of appropriations, pay to each community-based
organization having an application approved under subsection
(f) the Federal share of the costs of developing and carrying
out programs described in subsection (c).
(2) FEDERAL SHARE- The Federal share of such costs shall be
no more than--
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) NON-FEDERAL SHARE-
(A) IN GENERAL- The non-Federal share of such costs may
be in cash or in kind, fairly evaluated, including plant,
equipment, and services (including the services described
in subsection (f)(2)(P)), and funds appropriated by the
Congress for the activity of any agency of an Indian tribal
government or the Bureau of Indian Affairs on any Indian
lands may be used to provide the non-Federal share of the
costs of programs or projects funded under this subtitle.
(B) SPECIAL RULE- At least 15 percent of the non-Federal
share of such costs shall be provided from private or
nonprofit sources.
(k) EVALUATION- The Secretary shall conduct a thorough evaluation
of the programs assisted under this section, which shall include an
assessment of--
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children;
and
(4) the number of such children being processed by the
juvenile justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.
(a) SHORT TITLE- This section may be cited as the `Family and
Community Endeavor Schools Act'.
(b) PURPOSE- It is the purpose of this section to improve the
overall development of at-risk children who reside in eligible
communities as defined in subsection (l)(3).
(c) PROGRAM AUTHORITY- The Secretary may award grants on a
competitive basis to eligible local entities to pay for the Federal
share of assisting eligible communities to develop and carry out
programs in accordance with this section. No local entity shall
receive a grant of less than $250,000 in a fiscal year. Amounts
made available through such grants shall remain available until
expended.
(d) PROGRAM REQUIREMENTS-
(1) IMPROVEMENT PROGRAMS- A local entity that receives funds
under this section shall develop or expand programs that are
designed to improve academic and social development by
instituting a collaborative structure that trains and
coordinates the efforts of teachers, administrators, social
workers, guidance counselors, parents, and school volunteers to
provide concurrent social services for at-risk students at
selected public schools in eligible communities.
(2) OPTIONAL ACTIVITIES- A local entity that receives funds
under this section may develop a variety of programs to serve
the comprehensive needs of students, including--
(A) homework assistance and after-school programs,
including educational, social, and athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) ELIGIBLE COMMUNITY IDENTIFICATION- The Secretary through
regulation shall define the criteria necessary to qualify as an
eligible community as defined in subsection (l)(3).
(f) GRANT ELIGIBILITY- To be eligible to receive a grant under
this section, a local entity shall--
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes--
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the eligible
community;
(D) public housing resident organization members, where
applicable; and
(E) public and private nonprofit organizations that
provide education, child protective services, or other
human services to low-income, at-risk children and their
families; and
(3) develop a concentrated strategy for implementation of the
community planning process developed under paragraph (2) that
targets clusters of at-risk children in the eligible community.
(g) APPLICATIONS-
(1) APPLICATION REQUIRED- To be eligible to receive a grant
under this section, a local entity shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information, as the Secretary may reasonably require,
and obtain approval of such application.
(2) CONTENTS OF APPLICATION- Each application submitted under
paragraph (1) shall--
(A) contain a comprehensive plan for the program that is
designed to improve the academic and social development of
at-risk children in schools in the eligible community;
(B) provide evidence of support for accomplishing the
objectives of such plan from--
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the local entity
determines to be appropriate;
(C) provide an assurance that the local entity will use
grant funds received under this subsection to implement the
program requirements listed in subsection (d);
(D) include an estimate of the number of children in the
eligible community expected to be served under the program;
(E) provide an assurance that the local entity will
comply with any evaluation requested under subsection (k),
any research effort authorized under Federal law, and any
investigation by the Secretary;
(F) provide an assurance that the local entity shall
prepare and submit to the Secretary an annual report
regarding any program conducted under this section;
(G) provide an assurance that funds made available under
this section shall be used to supplement, not supplant,
other Federal funds that would otherwise be available for
activities funded under this section; and
(H) provide an assurance that the local entity will
maintain separate accounting records for the program.
(3) PRIORITY- In awarding grants to carry out programs under
this section, the Secretary shall give priority to local
entities which submit applications that demonstrate the
greatest effort in generating local support for the programs.
(h) PEER REVIEW PANEL-
(1) ESTABLISHMENT- The Secretary shall establish a peer
review panel not to exceed 8 members that shall be comprised of
individuals with demonstrated experience in designing and
implementing programs to improve the academic and social
development of at-risk children.
(2) FUNCTIONS- Such panel shall make recommendations to the
Secretary regarding--
(A) an illustrative model that effectively achieves the
program requirements indicated in subsection (d) and a
process whereby local entities can request such model; and
(B) a design for the evaluation of programs assisted
under this section.
(i) INVESTIGATIONS AND INSPECTIONS- The Secretary may conduct
such investigations and inspections as may be necessary to ensure
compliance with the provisions of this section.
(j) FEDERAL SHARE-
(1) PAYMENTS- The Secretary shall, subject to the
availability of appropriations, pay to each local entity having
an application approved under subsection (g) the Federal share
of the costs of developing and carrying out programs referred
to in subsection (d).
(2) FEDERAL SHARE- The Federal share of such costs shall be
70 percent.
(3) NON-FEDERAL SHARE-
(A) IN GENERAL- The non-Federal share of such costs may
be in cash or in kind, fairly evaluated, including
personnel, plant, equipment, and services.
(B) SPECIAL RULE- Not less than 15 percent of the
non-Federal share of such costs shall be provided from
private or nonprofit sources.
(k) EVALUATION- The Secretary shall require a thorough evaluation
of the programs assisted under this section, which shall include an
assessment of the academic and social achievement of children
assisted with funds provided under this section.
(l) DEFINITIONS- For purposes of this section--
(1) the term `Secretary' means the Secretary of the
Department of Education;
(2) the term `local entity' means--
(A) a local educational agency, or
(B) a community-based organization as defined in section
1471(3) of the Elementary and Secondary Education Act of
1965;
(3) the term `eligible community' means an area which meets
criteria with respect to significant poverty and significant
violent crime, and such additional criteria, as the Secretary
may by regulation require; and
(4) the term `public school' means an elementary school (as
defined in section 1471(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(8))) and a secondary
school (as defined in section 1471(21) of that Act).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to carry
out this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) PROGRAMS- Of the amounts appropriated under subsection (a)
for any fiscal year--
(1) 70 percent shall be made available to carry out section
30401; and
(2) 30 percent shall be made available to carry out section
30402.
SUBTITLE G--ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH
SEC. 30701. GRANT AUTHORITY.
(a) GRANTS-
(1) IN GENERAL- In order to prevent the commission of crimes
or delinquent acts by juveniles, the Attorney General may make
grants to public or private nonprofit organizations to support
the development and operation of projects to provide
residential services to youth, aged 11 to 19, who--
(A) have dropped out of school;
(B) have come into contact with the juvenile justice
system; or
(C) are at risk of dropping out of school or coming into
contact with the juvenile justice system.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL- The
Attorney General may consult with the Ounce of Prevention
Council in making grants under paragraph (1).
(3) SERVICES- Such services shall include activities designed
to--
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and responsible
choices;
(C) improve the academic performance of such youth
pursuant to a plan jointly developed by the applicant and
the school which each such youth attends or should attend;
and
(D) provide such youth with vocational and life skills.
(b) APPLICATIONS-
(1) IN GENERAL- A public agency or private nonprofit
organization which desires a grant under this section shall
submit an application at such time and in such manner as the
Attorney General may prescribe.
(2) CONTENTS- An application under paragraph (1) shall
include--
(A) a description of the program developed by the
applicant, including the activities to be offered;
(B) a detailed discussion of how such program will
prevent youth from committing crimes or delinquent acts;
(C) evidence that such program--
(i) will be carried out in facilities which meet
applicable State and local laws with regard to safety;
(ii) will include academic instruction, approved by
the State, Indian tribal government, or local
educational agency, which meets or exceeds State,
Indian tribal government, and local standards and
curricular requirements; and
(iii) will include instructors and other personnel
who possess such qualifications as may be required by
applicable State or local laws; and
(D) specific, measurable outcomes for youth served by the
program.
(c) CONSIDERATION OF APPLICATIONS- Not later than 60 days
following the submission of applications, the Attorney General
shall--
(1) approve each application and disburse the funding for
each such application; or
(2) disapprove the application and inform the applicant of
such disapproval and the reasons therefor.
(d) REPORTS- A grantee under this section shall annually submit a
report to the Attorney General that describes the activities and
accomplishments of such program, including the degree to which the
specific youth outcomes are met.
(e) DEFINITIONS- In this subtitle--
`Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section
30701--
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
SUBTITLE H--POLICE RECRUITMENT
SEC. 30801. GRANT AUTHORITY.
(a) GRANTS-
(1) IN GENERAL- The Attorney General may make grants to
qualified community organizations to assist in meeting the
costs of qualified programs which are designed to recruit and
retain applicants to police departments.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL- The
Attorney General may consult with the Ounce of Prevention
Council in making grants under paragraph (1).
(b) QUALIFIED COMMUNITY ORGANIZATIONS- An organization is a
qualified community organization which is eligible to receive a
grant under subsection (a) if the organization--
(1) is a nonprofit organization; and
(2) has training and experience in--
(A) working with a police department and with teachers,
counselors, and similar personnel,
(B) providing services to the community in which the
organization is located,
(C) developing and managing services and techniques to
recruit individuals to become members of a police
department and to assist such individuals in meeting the
membership requirements of police departments,
(D) developing and managing services and techniques to
assist in the retention of applicants to police
departments, and
(E) developing other programs that contribute to the
community.
(c) QUALIFIED PROGRAMS- A program is a qualified program for
which a grant may be made under subsection (a) if the program is
designed to recruit and train individuals from underrepresented
neighborhoods and localities and if--
(1) the overall design of the program is to recruit and
retain applicants to a police department;
(2) the program provides recruiting services which include
tutorial programs to enable individuals to meet police force
academic requirements and to pass entrance examinations;
(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the
application process; and
(4) the program provides retention services to assist in
retaining individuals to stay in the application process of a
police department.
(d) APPLICATIONS- To qualify for a grant under subsection (a), a
qualified organization shall submit an application to the Attorney
General in such form as the Attorney General may prescribe. Such
application shall--
(1) include documentation from the applicant showing--
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to be
served, including age, disability, race, ethnicity, and
languages used; and
(2) contain assurances satisfactory to the Attorney General
that the program for which a grant is made will meet the
applicable requirements of the program guidelines prescribed by
the Attorney General under subsection (i).
(e) ACTION BY THE ATTORNEY GENERAL- Not later than 60 days after
the date that an application for a grant under subsection (a) is
received, the Attorney General shall consult with the police
department which will be involved with the applicant and shall--
(1) approve the application and disburse the grant funds
applied for; or
(2) disapprove the application and inform the applicant that
the application is not approved and provide the applicant with
the reasons for the disapproval.
(f) GRANT DISBURSEMENT- The Attorney General shall disburse funds
under a grant under subsection (a) in accordance with regulations
of the Attorney General which shall ensure--
(1) priority is given to applications for areas and
organizations with the greatest showing of need;
(2) that grant funds are equitably distributed on a
geographic basis; and
(3) the needs of underserved populations are recognized and
addressed.
(g) GRANT PERIOD- A grant under subsection (a) shall be made for
a period not longer than 3 years.
(h) GRANTEE REPORTING- (1) For each year of a grant period for a
grant under subsection (a), the recipient of the grant shall file a
performance report with the Attorney General explaining the
activities carried out with the funds received and assessing the
effectiveness of such activities in meeting the purpose of the
recipient's qualified program.
(2) If there was more than one recipient of a grant, each
recipient shall file such report.
(3) The Attorney General shall suspend the funding of a grant,
pending compliance, if the recipient of the grant does not file the
report required by this subsection or uses the grant for a purpose
not authorized by this section.
(i) GUIDELINES- The Attorney General shall, by regulation,
prescribe guidelines on content and results for programs receiving
a grant under subsection (a). Such guidelines shall be designed to
establish programs which will be effective in training individuals
to enter instructional programs for police departments and shall
include requirements for--
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic
assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and
counseling programs and the means and devices used to publicize
such programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section
30801--
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
SUBTITLE J--LOCAL PARTNERSHIP ACT
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM- Title 31, United States Code, is
amended by inserting after chapter 65 the following new chapter:
[BOLD->] [<-BOLD] [BOLD->] `CHAPTER 67--FEDERAL PAYMENTS [<-BOLD]
`Sec.
`6701. Payments to local governments.
`6702. Local Government Fiscal Assistance Fund.
`6703. Qualification for payment.
`6704. State area allocations; allocations and payments to
territorial governments.
`6705. Local government allocations.
`6706. Income gap multiplier.
`6707. State variation of local government allocations.
`6708. Adjustments of local government allocations.
`6709. Information used in allocation formulas.
`6710. Public participation.
`6711. Prohibited discrimination.
`6712. Discrimination proceedings.
`6713. Suspension and termination of payments in discrimination
proceedings.
`6714. Compliance agreements.
`6715. Enforcement by the Attorney General of prohibitions on
discrimination.
`6716. Civil action by a person adversely affected.
`6717. Judicial review.
`6718. Investigations and reviews.
`6719. Reports.
`6720. Definitions, application, and administration.
`Sec. 6701. Payments to local governments
`(a) PAYMENT AND USE-
`(1) PAYMENT- The Secretary shall pay to each unit of general
local government which qualifies for a payment under this
chapter an amount equal to the sum of any amounts allocated to
the government under this chapter for each payment period. The
Secretary shall pay such amount out of the Local Government
Fiscal Assistance Fund under section 6702.
`(2) USE- Amounts paid to a unit of general local government
under this section shall be used by that unit for carrying out
one or more programs of the unit related to--
`(A) education to prevent crime;
`(B) substance abuse treatment to prevent crime; or
`(C) job programs to prevent crime.
`(3) COORDINATION- Programs funded under this title shall be
coordinated with other existing Federal programs to meet the
overall needs of communities that benefit from funds received
under this section.
`(b) TIMING OF PAYMENTS- The Secretary shall pay each amount
allocated under this chapter to a unit of general local government
for a payment period by the later of 90 days after the date the
amount is available or the first day of the payment period provided
that the unit of general local government has provided the
Secretary with the assurances required by section 6703(d).
`(c) ADJUSTMENTS-
`(1) IN GENERAL- Subject to paragraph (2), the Secretary
shall adjust a payment under this chapter to a unit of general
local government to the extent that a prior payment to the
government was more or less than the amount required to be paid.
`(2) CONSIDERATIONS- The Secretary may increase or decrease
under this subsection a payment to a unit of local government
only if the Secretary determines the need for the increase or
decrease, or the unit requests the increase or decrease, within
one year after the end of the payment period for which the
payment was made.
`(d) RESERVATION FOR ADJUSTMENTS- The Secretary may reserve a
percentage of not more than 2 percent of the amount under this
section for a payment period for all units of general local
government in a State if the Secretary considers the reserve is
necessary to ensure the availability of sufficient amounts to pay
adjustments after the final allocation of amounts among the units
of general local government in the State.
`(e) REPAYMENT OF UNEXPENDED AMOUNTS-
`(1) REPAYMENT REQUIRED- A unit of general local government
shall repay to the Secretary, by not later than 15 months after
receipt from the Secretary, any amount that is--
`(A) paid to the unit from amounts appropriated under the
authority of this section; and
`(B) not expended by the unit within one year after
receipt from the Secretary.
`(2) PENALTY FOR FAILURE TO REPAY- If the amount required to
be repaid is not repaid, the Secretary shall reduce payments in
future payment periods accordingly.
`(3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the
Secretary as repayments under this subsection shall be
deposited in the Local Government Fiscal Assistance Fund for
future payments to units of general local government.
`(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES-
`(1) GENERAL RULE- Of amounts paid to a unit of general local
government under this chapter for a payment period, not less
than 10 percent of the total combined amounts obligated by the
unit for contracts and subcontracts shall be expended with--
`(A) small business concerns controlled by socially and
economically disadvantaged individuals and women; and
`(B) historically Black colleges and universities and
colleges and universities having a student body in which
more than 20 percent of the students are Hispanic Americans
or Native Americans.
`(2) EXCEPTION- Paragraph (1) shall not apply to amounts paid
to a unit of general local government to the extent the unit
determines that the paragraph does not apply through a process
that provides for public participation.
`(3) DEFINITIONS- For purposes of this subsection--
`(A) the term `small business concern' has the meaning
such term has under section 3 of the Small Business Act; and
`(B) the term `socially and economically disadvantaged
individuals' has the meaning such term has under section
8(d) of the Small Business Act and relevant subcontracting
regulations promulgated pursuant to that section.
`(g) NONSUPPLANTING REQUIREMENT-
`(1) IN GENERAL- Funds made available under this chapter to
units of local government shall not be used to supplant State
or local funds, but will be used to increase the amount of
funds that would, in the absence of funds under this chapter,
be made available from State or local sources.
`(2) BASE LEVEL AMOUNT- The total level of funding available
to a unit of local government for accounts serving eligible
purposes under this chapter in the fiscal year immediately
preceding receipt of a grant under this chapter shall be
designated the `base level account' for the fiscal year in
which a grant is received. Grants under this chapter in a given
fiscal year shall be reduced on a dollar for dollar basis to
the extent that a unit of local government reduces its base
level account in that fiscal year.
`Sec. 6702. Local Government Fiscal Assistance Fund
`(a) ADMINISTRATION OF FUND- The Department of the Treasury has a
Local Government Fiscal Assistance Fund, which consists of amounts
appropriated to the Fund.
`(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Fund--
`(1) $270,000,000 for fiscal year 1996;
`(2) $283,500,000 for fiscal year 1997;
`(3) $355,500,000 for fiscal year 1998;
`(4) $355,500,000 for fiscal year 1999; and
`(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
`(c) ADMINISTRATIVE COSTS- Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to
be appropriated for the period fiscal year 1995 through fiscal year
2000 to be available for administrative costs by the Secretary in
furtherance of the purposes of the program. Such sums are to remain
available until expended.
`Sec. 6703. Qualification for payment
`(a) IN GENERAL- The Secretary shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Secretary of the
units' proposed use of assistance under this chapter. Subject to
subsection (c), the assistance provided shall be used, in amounts
determined by the unit, for activities under, or for activities
that are substantially similar to an activity under, 1 or more of
the following programs and the notice shall identify 1 or more of
the following programs for each such use:
`(1) The Drug Abuse Resistance Education Program under
section 5122 of the Elementary and Secondary Education Act of
1965.
`(2) The National Youth Sports Program under section 682 of
the Community Services Block Grant Act (Public Law 97-35) as
amended by section 205, Public Law 103-252.
`(3) The Gang Resistance Education and Training Program under
the Act entitled `An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for
the fiscal year ending September 30, 1991, and for other
purposes', approved November 5, 1990 (Public Law 101-509).
`(4) Programs under title II or IV of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.).
`(5) Programs under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.), as
amended.
`(6) Programs under the School to Work Opportunities Act
(Public Law 103-239).
`(7) Substance Abuse Treatment and Prevention programs
authorized under title V or XIX of the Public Health Services
Act (43 U.S.C. 201 et seq.).
`(8) Programs under the Head Start Act (42 U.S.C. 9831 et
seq.).
`(9) Programs under part A or B of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965.
`(10) The TRIO programs under part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
`(11) Programs under the National Literacy Act of 1991.
`(12) Programs under the Carl Perkins Vocational Educational
and Applied Technology Education Act (20 U.S.C. 2301 et seq.).
`(13) The demonstration partnership programs including the
community initiative targeted to minority youth under section
203 of the Human Services Reauthorization Act of 1994 (Public
Law 103-252).
`(14) The runaway and homeless youth program and the
transitional living program for homeless youth under title III
of the Juvenile Justice and Delinquency Prevention Act (Public
Law 102-586).
`(15) The family support program under subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 1148 et seq.).
`(16) After-school activities for school aged children under
the Child Care and Development Block Grant Act (42 U.S.C. 9858
et seq.).
`(17) The community-based family resource programs under
section 401 of the Human Services Reauthorization Act of 1994
(Public Law 103-252).
`(18) The family violence programs under the Child Abuse
Prevention and Treatment Act Amendments of 1984.
`(19) Job training programs administered by the Department of
Agriculture, the Department of Defense, or the Department of
Housing and Urban Development.
`(b) NOTICE TO AGENCY- Upon receipt of notice under subsection
(a) from an eligible unit of general local government, the
Secretary shall notify the head of the appropriate Federal agency
for each program listed in subsection (a) that is identified in the
notice as a program under which an activity will be conducted with
assistance under this chapter. The notification shall state that
the unit has elected to use some or all of its assistance under
this chapter for activities under that program. The head of a
Federal agency that receives such a notification shall ensure that
such use is in compliance with the laws and regulations applicable
to that program, except that any requirement to provide matching
funds shall not apply to that use.
`(c) ALTERNATIVE USES OF FUNDS-
`(1) ALTERNATIVE USES AUTHORIZED- In lieu of, or in addition
to, use for an activity described in subsection (a) and notice
for that use under subsection (a), an eligible unit of general
local government may use assistance under this chapter, and
shall provide notice of that use to the Secretary under
subsection (a), for any other activity that is consistent with
1 or more of the purposes described in section 6701(a)(2).
`(2) NOTICE DEEMED TO DESCRIBE CONSISTENT USE- Notice by a
unit of general local government that it intends to use
assistance under this chapter for an activity other than an
activity described in subsection (a) is deemed to describe an
activity that is consistent with 1 or more of the purposes
described in section 6701(a)(2) unless the Secretary provides
to the unit, within 30 days after receipt of that notice of
intent from the unit, written notice (including an explanation)
that the use is not consistent with those purposes.
`(d) GENERAL REQUIREMENTS FOR QUALIFICATION- A unit of general
local government qualifies for a payment under this chapter for a
payment period only after establishing to the satisfaction of the
Secretary that--
`(1) the government will establish a trust fund in which the
government will deposit all payments received under this chapter;
`(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
`(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to
the expenditure of revenues of the government;
`(4) if at least 25 percent of the pay of individuals
employed by the government in a public employee occupation is
paid out of the trust fund, individuals in the occupation any
part of whose pay is paid out of the trust fund will receive
pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations by
the government;
`(5) all laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or
construction, including painting and decorating, of any
building or work that is financed in whole or in part by a
grant under this title, shall be paid wages not less than those
determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act); as
amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall
have the authority and functions set forth in Reorganization
Plan No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2
of the Act of June 1, 1934 (commonly known as the Copeland
Anti-Kickback Act), as amended (40 U.S.C. 276c, 48 Stat. 948);
`(6) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed
by the Secretary after consultation with the Comptroller
General of the United States. As applicable, amounts received
under this chapter shall be audited in compliance with the
Single Audit Act of 1984;
`(7) after reasonable notice to the government, the
government will make available to the Secretary and the
Comptroller General of the United States, with the right to
inspect, records the Secretary reasonably requires to review
compliance with this chapter or the Comptroller General of the
United States reasonably requires to review compliance and
operations under section 6718(b);
`(8) the government will make reports the Secretary
reasonably requires, in addition to the annual reports required
under section 6719(b); and
`(9) the government will spend the funds only for the
purposes set forth in section 6701(a)(2).
`(e) REVIEW BY GOVERNORS- A unit of general local government
shall give the chief executive officer of the State in which the
government is located an opportunity for review and comment before
establishing compliance with subsection (d).
`(f) SANCTIONS FOR NONCOMPLIANCE-
`(1) IN GENERAL- If the Secretary decides that a unit of
general local government has not complied substantially with
subsection (d) or regulations prescribed under subsection (d),
the Secretary shall notify the government. The notice shall
state that if the government does not take corrective action by
the 60th day after the date the government receives the notice,
the Secretary will withhold additional payments to the
government for the current payment period and later payment
periods until the Secretary is satisfied that the government--
`(A) has taken the appropriate corrective action; and
`(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
`(2) NOTICE- Before giving notice under paragraph (1), the
Secretary shall give the chief executive officer of the unit of
general local government reasonable notice and an opportunity
for comment.
`(3) PAYMENT CONDITIONS- The Secretary may make a payment to
a unit of general local government notified under paragraph (1)
only if the Secretary is satisfied that the government--
`(A) has taken the appropriate corrective action; and
`(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
`Sec. 6704. State area allocations; allocations and payments to
territorial governments
`(a) FORMULA ALLOCATION BY STATE- For each payment period, the
Secretary shall allocate to each State out of the amount
appropriated for the period under the authority of section 6702(b)
(minus the amounts allocated to territorial governments under
subsection (e) for the payment period) an amount bearing the same
ratio to the amount appropriated (minus such amounts allocated
under subsection (e)) as the amount allocated to the State under
this section bears to the total amount allocated to all States
under this section. The Secretary shall--
`(1) determine the amount allocated to the State under
subsection (b) or (c) of this section and allocate the larger
amount to the State; and
`(2) allocate the amount allocated to the State to units of
general local government in the State under sections 6705 and
6706.
`(b) GENERAL FORMULA-
`(1) IN GENERAL- For the payment period beginning October 1,
1994, the amount allocated to a State under this subsection for
a payment period is the amount bearing the same ratio to
$5,300,000,000 as--
`(A) the population of the State, multiplied by the
general tax effort factor of the State (determined under
paragraph (2)), multiplied by the relative income factor of
the State (determined under paragraph (3)), multiplied by
the relative rate of the labor force unemployed in the
State (determined under paragraph (4)); bears to
`(B) the sum of the products determined under
subparagraph (A) of this paragraph for all States.
`(2) GENERAL TAX EFFORT FACTOR- The general tax effort factor
of a State for a payment period is--
`(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported by the Bureau of
the Census in the publication Government Finances
1990-1991; divided by
`(B) the total income of individuals, as determined by
the Secretary of Commerce for national accounts purposes
for 1992 as reported in the publication Survey of Current
Business (August 1993), attributed to the State for the
same year.
`(3) RELATIVE INCOME FACTOR- The relative income factor of a
State is a fraction in which--
`(A) the numerator is the per capita income of the United
States; and
`(B) the denominator is the per capita income of the State.
`(4) RELATIVE RATE OF LABOR FORCE- The relative rate of the
labor force unemployed in a State is a fraction in which--
`(A) the numerator is the percentage of the labor force
of the State that is unemployed in the calendar year
preceding the payment period (as determined by the
Secretary of Labor for general statistical purposes); and
`(B) the denominator is the percentage of the labor force
of the United States that is unemployed in the calendar
year preceding the payment period (as determined by the
Secretary of Labor for general statistical purposes).
`(c) ALTERNATIVE FORMULA- For the payment period beginning
October 1, 1994, the amount allocated to a State under this
subsection for a payment period is the total amount the State would
receive if--
`(1) $1,166,666,667 were allocated among the States on the
basis of population by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this paragraph as the population of the State bears to
the population of all States;
`(2) $1,166,666,667 were allocated among the States on the
basis of population inversely weighted for per capita income,
by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as--
`(A) the population of the State, multiplied by a
fraction in which--
`(i) the numerator is the per capita income of all
States; and
`(ii) the denominator is the per capita income of the
State; bears to
`(B) the sum of the products determined under
subparagraph (A) for all States;
`(3) $600,000,000 were allocated among the States on the
basis of income tax collections by allocating to each State an
amount bearing the same ratio to the total amount to be
allocated under this paragraph as the income tax amount of the
State (determined under subsection (d)(1)) bears to the sum of
the income tax amounts of all States;
`(4) $600,000,000 were allocated among the States on the
basis of general tax effort by allocating to each State an
amount bearing the same ratio to the total amount to be
allocated under this paragraph as the general tax effort amount
of the State (determined under subsection (d)(2)) bears to the
sum of the general tax effort amounts of all States;
`(5) $600,000,000 were allocated among the States on the
basis of unemployment by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this paragraph as--
`(A) the labor force of the State, multiplied by a
fraction in which--
`(i) the numerator is the percentage of the labor
force of the State that is unemployed in the calendar
year preceding the payment period (as determined by the
Secretary of Labor for general statistical purposes); and
`(ii) the denominator is the percentage of the labor
force of the United States that is unemployed in the
calendar year preceding the payment period (as
determined by the Secretary of Labor for general
statistical purposes)
bears to
`(B) the sum of the products determined under
subparagraph (A) for all States; and
`(6) $1,166,666,667 were allocated among the States on the
basis of urbanized population by allocating to each State an
amount bearing the same ratio to the total amount to be
allocated under this paragraph as the urbanized population of
the State bears to the urbanized population of all States. In
this paragraph, the term `urbanized population' means the
population of an area consisting of a central city or cities of
at least 50,000 inhabitants and the surrounding closely settled
area for the city or cities considered as an urbanized area as
published by the Bureau of the Census for 1990 in the
publication General Population Characteristics for Urbanized
Areas.
`(d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT-
`(1) INCOME TAX AMOUNT- The income tax amount of a State for
a payment period is 15 percent of the net amount collected
during the calendar year ending before the beginning of the
payment period from the tax imposed on the income of
individuals by the State and described as a State income tax
under section 164(a)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 164(a)(3)). The income tax amount for a payment
period shall be at least 1 percent but not more than 6 percent
of the United States Government individual income tax liability
attributed to the State for the taxable year ending during the
last calendar year ending before the beginning of the payment
period. The Secretary shall determine the Government income tax
liability attributed to the State by using the data published
by the Secretary for 1991 in the publication Statistics of
Income Bulletin (Winter 1993-1994).
`(2) GENERAL TAX EFFORT AMOUNT- The general tax effort amount
of a State for a payment period is the amount determined by
multiplying--
`(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported in the Bureau of
Census in the publication Government Finances 1990-1991; and
`(B) the general tax effort factor of the State
determined under subsection (b)(2).
`(e) ALLOCATION FOR PUERTO RICO, GUAM, AMERICAN SAMOA, AND THE
VIRGIN ISLANDS-
`(1) IN GENERAL- (A) For each payment period for which funds
are available for allocation under this chapter, the Secretary
shall allocate to each territorial government an amount equal
to the product of 1 percent of the amount of funds available
for allocation multiplied by the applicable territorial
percentage.
`(B) For the purposes of this paragraph, the applicable
territorial percentage of a territory is equal to the quotient
resulting from the division of the territorial population of
such territory by the sum of the territorial population for all
territories.
`(2) PAYMENTS TO LOCAL GOVERNMENTS- The governments of the
territories shall make payments to local governments within
their jurisdiction from sums received under this subsection as
they consider appropriate.
`(3) DEFINITIONS- For purposes of this subsection--
`(A) the term `territorial government' means the
government of a territory;
`(B) the term `territory' means Puerto Rico, Guam,
American Samoa, and the Virgin Islands; and
`(C) the term `territorial population' means the most
recent population for each territory as determined by the
Bureau of Census.
`Sec. 6705. Local government allocations
`(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES- If there is in a
State an Indian tribe or Alaskan native village having a recognized
governing body carrying out substantial governmental duties and
powers, the Secretary shall allocate to the tribe or village, out
of the amount allocated to the State under section 6704, an amount
bearing the same ratio to the amount allocated to the State as the
population of the tribe or village bears to the population of the
State. The Secretary shall allocate amounts under this subsection
to Indian tribes and Alaskan native villages in a State before
allocating amounts to units of general local government in the
State under subsection (c). For the payment period beginning
October 1, 1994, the Secretary shall use as the population of each
Indian tribe or Alaskan native village the population for 1991 as
reported by the Bureau of Indian Affairs in the publication Indian
Service Population and Labor Force Estimates (January 1991). In
addition to uses authorized under section 6701(a)(2), amounts
allocated under this subsection and paid to an Indian tribe or
Alaskan native village under this chapter may be used for
renovating or building prisons or other correctional facilities.
`(b) NEWLY INCORPORATED LOCAL GOVERNMENTS AND ANNEXED
GOVERNMENTS- If there is in a State a unit of general local
government that has been incorporated since the date of the
collection of the data used by the Secretary in making allocations
pursuant to sections 6704 through 6706 and 6708, the Secretary
shall allocate to this newly incorporated local government, out of
the amount allocated to the State under section 6704, an amount
bearing the same ratio to the amount allocated to the State as the
population of the newly incorporated local government bears to the
population of the State. If there is in the State a unit of general
local government that has been annexed since the date of the
collection of the data used by the Secretary in making allocations
pursuant to sections 6704 through 6706 and 6708, the Secretary
shall pay the amount that would have been allocated to this local
government to the unit of general local government that annexed it.
`(c) OTHER LOCAL GOVERNMENT ALLOCATIONS-
`(1) IN GENERAL- The Secretary shall allocate among the units
of general local government in a State (other than units
receiving allocations under subsection (a)) the amount
allocated to the State under section 6704 (as that amount is
reduced by allocations under subsection (a)). Of the amount to
be allocated, the Secretary shall allocate a portion equal to
1/2 of such amount in accordance with section 6706(1), and
shall allocate a portion equal to 1/2 of such amount in
accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of amounts
allocated to the unit from each portion.
`(2) RATIO- From each portion to be allocated to units of
local government in a State under paragraph (1), the Secretary
shall allocate to a unit an amount bearing the same ratio to
the funds to be allocated as--
`(A) the population of the unit, multiplied by the
general tax effort factor of the unit (determined under
paragraph (3)), multiplied by the income gap of the unit
(determined under paragraph (4)), bears to
`(B) the sum of the products determined under
subparagraph (A) for all units in the State for which the
income gap for that portion under paragraph (4) is greater
than zero.
`(3) GENERAL TAX EFFORT FACTOR- (A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of
general local government for a payment period is--
`(i) the adjusted taxes of the unit; divided by
`(ii) the total income attributed to the unit.
`(B) If the amount determined under subparagraphs (A) (i) and
(ii) for a unit of general local government is less than zero,
the general tax effort factor of the unit is deemed to be zero.
`(C)(i) Except as otherwise provided in this subparagraph,
for the payment period beginning October 1, 1994, the adjusted
taxes of a unit of general local government are the taxes
imposed by the unit for public purposes (except employee and
employer assessments and contributions to finance retirement
and social insurance systems and other special assessments for
capital outlay), as determined by the Bureau of the Census for
the 1987 Census of Governments and adjusted as follows:
`(I) Adjusted taxes equals total taxes times a fraction
in which the numerator is the sum of unrestricted revenues
and revenues dedicated for spending on education minus
total education spending and the denominator is total
unrestricted revenues.
`(II) Total taxes is the sum of property tax; general
sales tax; alcoholic beverage tax; amusement tax; insurance
premium tax; motor fuels tax; parimutuels tax; public
utilities tax; tobacco tax; other selective sales tax;
alcoholic beverage licenses, amusement licenses;
corporation licenses, hunting and fishing licenses; motor
vehicle licenses; motor vehicle operator licenses; public
utility licenses; occupation and business licenses, not
elsewhere classified; other licenses, individual income
tax; corporation net income tax; death and gift tax;
documentary and stock transfer tax; severance tax; and
taxes not elsewhere classified.
`(III) Unrestricted revenues is the sum of total taxes
and intergovernmental revenue from Federal Government,
general revenue sharing; intergovernmental revenue from
Federal Government, other general support;
intergovernmental revenue from Federal Government, other;
intergovernmental revenue from State government, other
general support; intergovernmental revenue from State
government, other; intergovernmental revenue from local
governments, other general support; intergovernmental
revenue from local governments, other; miscellaneous
general revenue, property sale-housing and community
development; miscellaneous general revenue, property
sale-other property; miscellaneous general revenue,
interest earnings on investments; miscellaneous general
revenue, fines and forfeits; miscellaneous general revenue,
rents; miscellaneous general revenues, royalties;
miscellaneous general revenue, donations from private
sources; miscellaneous general revenue, net lottery revenue
(after prizes and administrative expenses); miscellaneous
general revenue, other miscellaneous general revenue; and
all other general charges, not elsewhere classified.
`(IV) Revenues dedicated for spending on education is the
sum of elementary and secondary education, school lunch;
elementary and secondary education, tuition; elementary and
secondary education, other; higher education, auxiliary
enterprises; higher education, other; other education, not
elsewhere classified; intergovernmental revenue from
Federal Government, education; intergovernmental revenue
from State government, education; intergovernmental revenue
from local governments, interschool system revenue;
intergovernmental revenue from local governments,
education; interest earnings, higher education; interest
earnings, elementary and secondary education; miscellaneous
revenues, higher education; and miscellaneous revenues,
elementary and secondary education.
`(V) Total education spending is the sum of elementary
and secondary education, current operations; elementary and
secondary education, construction; elementary and secondary
education, other capital outlays; elementary and secondary
education, to State governments; elementary and secondary
education, to local governments, not elsewhere classified;
elementary and secondary education, to counties; elementary
and secondary education, to municipalities; elementary and
secondary education, to townships; elementary and secondary
education, to school districts; elementary and secondary
education, to special districts; higher education-auxiliary
enterprises, current operations; higher education-auxiliary
enterprises, construction; higher education, auxiliary
enterprises, other capital outlays; other higher education,
current operations; other higher education, construction;
other higher education, other capital outlays; other higher
education, to State government; other higher education, to
local governments, not elsewhere classified; other higher
education, to counties; other higher education, to
municipalities; other higher education, to townships; other
higher education, to school districts; other higher
education, to special districts; education assistance and
subsidies; education, not elsewhere classified, current
operations; education, not elsewhere classified,
construction education, not elsewhere classified, other
capital outlays; education, not elsewhere classified, to
State government; education, not elsewhere classified, to
local governments, not elsewhere classified; education, not
elsewhere classified, to counties; education, not elsewhere
classified, to municipalities; education, not elsewhere
classified, to townships; education, not elsewhere
classified, to school districts; education, not elsewhere
classified, to special districts; and education, not
elsewhere classified, to Federal Government.
`(VI) If the amount of adjusted taxes is less than zero,
the amount of adjusted tax shall be deemed to be zero.
`(VII) If the amount of adjusted taxes exceeds the amount
of total taxes, the amount of adjusted taxes is deemed to
equal the amount of total taxes.
`(ii) The Secretary shall, for purposes of clause (i),
include that part of sales taxes transferred to a unit of
general local government that are imposed by a county
government in the geographic area of which is located the unit
of general local government as taxes imposed by the unit for
public purposes if--
`(I) the county government transfers any part of the
revenue from the taxes to the unit of general local
government without specifying the purpose for which the
unit of general local government may expend the revenue; and
`(II) the chief executive officer of the State notifies
the Secretary that the taxes satisfy the requirements of
this clause.
`(iii) The adjusted taxes of a unit of general local
government shall not exceed the maximum allowable adjusted
taxes for that unit.
`(iv) The maximum allowable adjusted taxes for a unit of
general local government is the allowable adjusted taxes of the
unit minus the excess adjusted taxes of the unit.
`(v) The allowable adjusted taxes of a unit of general
government is the greater of--
`(I) the amount equal to 2.5, multiplied by the per
capita adjusted taxes of all units of general local
government of the same type in the State, multiplied by the
population of the unit; or
`(II) the amount equal to the population of the unit,
multiplied by the sum of the adjusted taxes of all units of
municipal local government in the State, divided by the sum
of the populations of all the units of municipal local
government in the State.
`(vi) The excess adjusted taxes of a unit of general local
government is the amount equal to--
`(I) the adjusted taxes of the unit, minus
`(II) 1.5 multiplied by the allowable adjusted taxes of
the unit;
except that if this amount is less than zero then the excess
adjusted taxes of the unit is deemed to be zero.
`(vii) For purposes of this subparagraph--
`(I) the term `per capita adjusted taxes of all units of
general local government of the same type' means the sum of
the adjusted taxes of all units of general local government
of the same type divided by the sum of the populations of
all units of general local government of the same type; and
`(II) the term `units of general local government of the
same type' means all townships if the unit of general local
government is a township, all municipalities if the unit of
general local government is a municipality, all counties if
the unit of general local government is a county, or all
unified city/county governments if the unit of general
local government is a unified city/county government.
`(4) INCOME GAP- (A) Except as provided in subparagraph (B),
the income gap of a unit of general local government is--
`(i) the number which applies under section 6706,
multiplied by the per capita income of the State in which
the unit is located; minus
`(ii) the per capita income of the geographic area of the
unit.
`(B) If the amount determined under subparagraph (A) for a
unit of general local government is less than zero, then the
relative income factor of the unit is deemed to be zero.
`(d) SMALL GOVERNMENT ALLOCATIONS- If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the
Secretary is inadequate, the Secretary may allocate to the unit, in
lieu of any allocation under subsection (b) for a payment period,
an amount bearing the same ratio to the total amount to be
allocated under subsection (b) for the period for all units of
general local government in the State as the population of the unit
bears to the population of all units in the State.
`Sec. 6706. Income gap multiplier
`For purposes of determining the income gap of a unit of general
local government under section 6705(b)(4)(A), the number which
applies is--
`(1) 1.6, with respect to 1/2 of any amount allocated under
section 6704 to the State in which the unit is located; and
`(2) 1.2, with respect to the remainder of such amount.
`Sec. 6707. State variation of local government allocations
`(a) STATE FORMULA- A State government may provide by law for the
allocation of amounts among units of general local government in
the State on the basis of population multiplied by the general tax
effort factors or income gaps of the units of general local
government determined under sections 6705 (a) and (b) or a
combination of those factors. A State government providing for a
variation of an allocation formula provided under sections 6705 (a)
and (b) shall notify the Secretary of the variation by the 30th day
before the beginning of the first payment period in which the
variation applies. A variation shall--
`(1) provide for allocating the total amount allocated under
sections 6705 (a) and (b); and
`(2) apply uniformly in the State.
`(b) CERTIFICATION- A variation by a State government under this
section may apply only if the Secretary certifies that the
variation complies with this section. The Secretary may certify a
variation only if the Secretary is notified of the variation at
least 30 days before the first payment period in which the
variation applies.
`Sec. 6708. Adjustments of local government allocations
`(a) MAXIMUM AMOUNT- The amount allocated to a unit of general
local government for a payment period may not exceed the adjusted
taxes imposed by the unit of general local government as determined
under section 6705(b)(3). Amounts in excess of adjusted taxes shall
be paid to the Governor of the State in which the unit of local
government is located.
`(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL GOVERNMENT-
If the amount allocated to a unit of general local government
(except an Indian tribe or an Alaskan native village) for a payment
period would be less than $5,000 but for this subsection or is
waived by the governing authority of the unit of general local
government, the Secretary shall pay the amount to the Governor of
the State in which the unit is located.
`(c) USE OF PAYMENTS TO STATES- The Governor of a State shall use
all amounts paid to the Governor under subsections (a) and (b) for
programs described in section 6701(a)(2) in areas of the State
where are located the units of general local government with
respect to which amounts are paid under subsection (b).
`(d) DE MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN NATIVE
VILLAGES-
`(1) AGGREGATION OF DE MINIMIS ALLOCATIONS- If the amount
allocated to an Indian tribe or an Alaskan native village for a
payment period would be less than $5,000 but for this
subsection or is waived by the chief elected official of the
tribe or village, the amount--
`(A) shall not be paid to the tribe or village (except
under paragraph (2)); and
`(B) shall be aggregated with other such amounts and
available for use by the Attorney General under paragraph
(2).
`(2) USE OF AGGREGATED AMOUNTS- Amounts aggregated under
paragraph (1) for a payment period shall be available for use
by the Attorney General to make grants in the payment period on
a competitive basis to Indian Tribes and Alaskan native village
for--
`(A) programs described in section 6701(a)(2); or
`(B) renovating or building prisons or other correctional
facilities.
`Sec. 6709. Information used in allocation formulas
`(a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTOBER 1,
1994- For the payment period beginning October 1, 1994, the
Secretary, in making allocations pursuant to sections 6704 through
6706 and 6708, shall use for the population of the States the
population for 1992 as reported by the Bureau of the Census in the
publication Current Population Reports, Series P-25, No. 1045 (July
1992) and for the population of units of general local government
the Secretary shall use the population for 1990 as reported by the
Bureau of the Census in the publication Summary Social, Economic,
and Housing Characteristics.
`(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER 30, 1995-
For any payment period beginning after September 30, 1995, the
Secretary, in making allocations pursuant to sections 6704 through
6706 and 6708, shall use information more recent than the
information used for the payment period beginning October 1, 1994,
provided the Secretary notifies the Committee on Government
Operations of the House of Representatives at least 90 days prior
to the beginning of the payment period that the Secretary has
determined that the more recent information is more reliable than
the information used for the payment period beginning October 1,
1994.
`Sec. 6710. Public participation
`(a) HEARINGS-
`(1) IN GENERAL- A unit of general local government expending
payments under this chapter shall hold at least one public
hearing on the proposed use of the payment in relation to its
entire budget. At the hearing, persons shall be given an
opportunity to provide written and oral views to the
governmental authority responsible for enacting the budget and
to ask questions about the entire budget and the relation of
the payment to the entire budget. The government shall hold the
hearing at a time and a place that allows and encourages public
attendance and participation.
`(2) SENIOR CITIZENS- A unit of general local government
holding a hearing required under this subsection or by the
budget process of the government shall try to provide senior
citizens and senior citizen organizations with an opportunity
to present views at the hearing before the government makes a
final decision on the use of the payment.
`(b) DISCLOSURE OF INFORMATION-
`(1) IN GENERAL- By the 10th day before a hearing required
under subsection (a)(1) is held, a unit of general local
government shall--
`(A) make available for inspection by the public at the
principal office of the government a statement of the
proposed use of the payment and a summary of the proposed
budget of the government; and
`(B) publish in at least one newspaper of general
circulation the proposed use of the payment with the
summary of the proposed budget and a notice of the time and
place of the hearing.
`(2) AVAILABILITY- By the 30th day after adoption of the
budget under State or local law, the government shall--
`(A) make available for inspection by the public at the
principal office of the government a summary of the adopted
budget, including the proposed use of the payment; and
`(B) publish in at least one newspaper of general
circulation a notice that the information referred to in
subparagraph (A) is available for inspection.
`(c) WAIVERS OF REQUIREMENTS- A requirement--
`(1) under subsection (a)(1) may be waived if the budget
process required under the applicable State or local law or
charter provisions--
`(A) ensures the opportunity for public attendance and
participation contemplated by subsection (a); and
`(B) includes a hearing on the proposed use of a payment
received under this chapter in relation to the entire
budget of the government; and
`(2) under subsection (b)(1)(B) and paragraph (2)(B) may be
waived if the cost of publishing the information would be
unreasonably burdensome in relation to the amount allocated to
the government from amounts available for payment under this
chapter, or if publication is otherwise impracticable.
`(d) EXCEPTION TO 10-DAY LIMITATION- If the Secretary is
satisfied that a unit of general local government will provide
adequate notice of the proposed use of a payment received under
this chapter, the 10-day period under subsection (b)(1) may be
changed to the extent necessary to comply with applicable State or
local law.
`Sec. 6711. Prohibited discrimination
`(a) GENERAL PROHIBITION- No person in the United States shall be
excluded from participating in, be denied the benefits of, or be
subject to discrimination under, a program or activity of a unit of
general local government because of race, color, national origin,
or sex if the government receives a payment under this chapter.
`(b) ADDITIONAL PROHIBITIONS- The following prohibitions and
exemptions also apply to a program or activity of a unit of general
local government if the government receives a payment under this
chapter:
`(1) A prohibition against discrimination because of age
under the Age Discrimination Act of 1975.
`(2) A prohibition against discrimination against an
otherwise qualified handicapped individual under section 504 of
the Rehabilitation Act of 1973.
`(3) A prohibition against discrimination because of
religion, or an exemption from that prohibition, under the
Civil Rights Act of 1964 or title VIII of the Act of April 11,
1968 (popularly known as the Civil Rights Act of 1968).
`(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS- Subsections
(a) and (b) do not apply if the government shows, by clear and
convincing evidence, that a payment received under this chapter is
not used to pay for any part of the program or activity with
respect to which the allegation of discrimination is made.
`(d) INVESTIGATION AGREEMENTS- The Secretary shall try to make
agreements with heads of agencies of the United States Government
and State agencies to investigate noncompliance with this section.
An agreement shall--
`(1) describe the cooperative efforts to be taken (including
sharing civil rights enforcement personnel and resources) to
obtain compliance with this section; and
`(2) provide for notifying immediately the Secretary of
actions brought by the United States Government or State
agencies against a unit of general local government alleging a
violation of a civil rights law or a regulation prescribed
under a civil rights law.
`Sec. 6712. Discrimination proceedings
`(a) NOTICE OF NONCOMPLIANCE- By the 10th day after the Secretary
makes a finding of discrimination or receives a holding of
discrimination about a unit of general local government, the
Secretary shall submit a notice of noncompliance to the government.
The notice shall state the basis of the finding or holding.
`(b) INFORMAL PRESENTATION OF EVIDENCE- A unit of general local
government may present evidence informally to the Secretary within
30 days after the government receives a notice of noncompliance
from the Secretary. Except as provided in subsection (e), the
government may present evidence on whether--
`(1) a person in the United States has been excluded or
denied benefits of, or discriminated against under, the program
or activity of the government, in violation of section 6711(a);
`(2) the program or activity of the government violated a
prohibition described in section 6711(b); and
`(3) any part of that program or activity has been paid for
with a payment received under this chapter.
`(c) TEMPORARY SUSPENSION OF PAYMENTS- By the end of the 30-day
period under subsection (b), the Secretary shall decide whether the
unit of general local government has not complied with section 6711
(a) or (b), unless the government has entered into a compliance
agreement under section 6714. If the Secretary decides that the
government has not complied, the Secretary shall notify the
government of the decision and shall suspend payments to the
government under this chapter unless, within 10 days after the
government receives notice of the decision, the government--
`(1) enters into a compliance agreement under section 6714; or
`(2) requests a proceeding under subsection (d)(1).
`(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS-
`(1) PROCEEDING- A proceeding requested under subsection
(c)(2) shall begin by the 30th day after the Secretary receives
a request for the proceeding. The proceeding shall be before an
administrative law judge appointed under section 3105 of title
5, United States Code. By the 30th day after the beginning of
the proceeding, the judge shall issue a preliminary decision
based on the record at the time on whether the unit of general
local government is likely to prevail in showing compliance
with section 6711 (a) or (b).
`(2) DECISION- If the administrative law judge decides at the
end of a proceeding under paragraph (1) that the unit of
general local government has--
`(A) not complied with section 6711 (a) or (b), the judge
may order payments to the government under this chapter
terminated; or
`(B) complied with section 6711 (a) or (b), a suspension
under section 6713(a)(1)(A) shall be discontinued promptly.
`(3) LIKELIHOOD OF PREVAILING- An administrative law judge
may not issue a preliminary decision that the government is not
likely to prevail if the judge has issued a decision described
in paragraph (2)(A).
`(e) BASIS FOR REVIEW- In a proceeding under subsections (b)
through (d) on a program or activity of a unit of general local
government about which a holding of discrimination has been made,
the Secretary or administrative law judge may consider only whether
a payment under this chapter was used to pay for any part of the
program or activity. The holding of discrimination is conclusive.
If the holding is reversed by an appellate court, the Secretary or
judge shall end the proceeding.
`Sec. 6713. Suspension and termination of payments in
discrimination proceedings
`(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS-
`(1) IN GENERAL- The Secretary shall suspend payment under
this chapter to a unit of general local government--
`(A) if an administrative law judge appointed under
section 3105 of title 5, United States Code, issues a
preliminary decision in a proceeding under section
6712(d)(1) that the government is not likely to prevail in
showing compliance with section 6711 (a) and (b);
`(B) if the administrative law judge decides at the end
of the proceeding that the government has not complied with
section 6711 (a) or (b), unless the government makes a
compliance agreement under section 6714 by the 30th day
after the decision; or
`(C) if required under section 6712(c).
`(2) EFFECTIVENESS- A suspension already ordered under
paragraph (1)(A) continues in effect if the administrative law
judge makes a decision under paragraph (1)(B).
`(b) LIFTING OF SUSPENSIONS AND TERMINATIONS- If a holding of
discrimination is reversed by an appellate court, a suspension or
termination of payments in a proceeding based on the holding shall
be discontinued.
`(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE- The
Secretary may resume payment to a unit of general local government
of payments suspended by the Secretary only--
`(1) as of the time of, and under the conditions stated in--
`(A) the approval by the Secretary of a compliance
agreement under section 6714(a)(1); or
`(B) a compliance agreement entered into by the Secretary
under section 6714(a)(2);
`(2) if the government complies completely with an order of a
United States court, a State court, or administrative law judge
that covers all matters raised in a notice of noncompliance
submitted by the Secretary under section 6712(a);
`(3) if a United States court, a State court, or an
administrative law judge decides (including a judge in a
proceeding under section 6712(d)(1)), that the government has
complied with sections 6711 (a) and (b); or
`(4) if a suspension is discontinued under subsection (b).
`(d) PAYMENT OF DAMAGES AS COMPLIANCE- For purposes of subsection
(c)(2), compliance by a government may consist of the payment of
restitution to a person injured because the government did not
comply with section 6711 (a) or (b).
`(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT- The Secretary
may resume payment to a unit of general local government of
payments terminated under section 6712(d)(2)(A) only if the
decision resulting in the termination is reversed by an appellate
court.
`Sec. 6714. Compliance agreements
`(a) TYPES OF COMPLIANCE AGREEMENTS- A compliance agreement is an
agreement--
`(1) approved by the Secretary, between the governmental
authority responsible for prosecuting a claim or complaint that
is the basis of a holding of discrimination and the chief
executive officer of the unit of general local government that
has not complied with section 6711 (a) or (b); or
`(2) between the Secretary and the chief executive officer.
`(b) CONTENTS OF AGREEMENTS- A compliance agreement--
`(1) shall state the conditions the unit of general local
government has agreed to comply with that would satisfy the
obligations of the government under sections 6711 (a) and (b);
`(2) shall cover each matter that has been found not to
comply, or would not comply, with section 6711 (a) or (b); and
`(3) may be a series of agreements that dispose of those
matters.
`(c) AVAILABILITY OF AGREEMENTS TO PARTIES- The Secretary shall
submit a copy of a compliance agreement to each person who filed a
complaint referred to in section 6716(b), or, if an agreement under
subsection (a)(1), each person who filed a complaint with a
governmental authority, about a failure to comply with section 6711
(a) or (b). The Secretary shall submit the copy by the 15th day
after an agreement is made. However, if the Secretary approves an
agreement under subsection (a)(1) after the agreement is made, the
Secretary may submit the copy by the 15th day after approval of the
agreement.
`Sec. 6715. Enforcement by the Attorney General of prohibitions on
discrimination
`The Attorney General may bring a civil action in an appropriate
district court of the United States against a unit of general local
government that the Attorney General has reason to believe has
engaged or is engaging in a pattern or practice in violation of
section 6711 (a) or (b). The court may grant--
`(1) a temporary restraining order;
`(2) an injunction; or
`(3) an appropriate order to ensure enjoyment of rights under
section 6711 (a) or (b), including an order suspending,
terminating, or requiring repayment of, payments under this
chapter or placing additional payments under this chapter in
escrow pending the outcome of the action.
`Sec. 6716. Civil action by a person adversely affected
`(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT- If a
unit of general local government, or an officer or employee of a
unit of general local government acting in an official capacity,
engages in a practice prohibited by this chapter, a person
adversely affected by the practice may bring a civil action in an
appropriate district court of the United States or a State court of
general jurisdiction. Before bringing an action under this section,
the person must exhaust administrative remedies under subsection (b).
`(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED- A person
adversely affected shall file an administrative complaint with the
Secretary or the head of another agency of the United States
Government or the State agency with which the Secretary has an
agreement under section 6711(d). Administrative remedies are deemed
to be exhausted by the person after the 90th day after the
complaint was filed if the Secretary, the head of the Government
agency, or the State agency--
`(1) issues a decision that the government has not failed to
comply with this chapter; or
`(2) does not issue a decision on the complaint.
`(c) AUTHORITY OF COURT- In an action under this section, the
court--
`(1) may grant--
`(A) a temporary restraining order;
`(B) an injunction; or
`(C) another order, including suspension, termination, or
repayment of, payments under this chapter or placement of
additional payments under this chapter in escrow pending
the outcome of the action; and
`(2) to enforce compliance with section 6711 (a) or (b), may
allow a prevailing party (except the United States Government)
a reasonable attorney's fee.
`(d) INTERVENTION BY ATTORNEY GENERAL- In an action under this
section to enforce compliance with section 6711 (a) or (b), the
Attorney General may intervene in the action if the Attorney
General certifies that the action is of general public importance.
The United States Government is entitled to the same relief as if
the Government had brought the action and is liable for the same
fees and costs as a private person.
`Sec. 6717. Judicial review
`(a) APPEALS IN FEDERAL COURT OF APPEALS- A unit of general local
government which receives notice from the Secretary about
withholding payments under section 6703(f), suspending payments
under section 6713(a)(1)(B), or terminating payments under section
6712(d)(2)(A), may apply for review of the action of the Secretary
by filing a petition for review with the court of appeals of the
United States for the circuit in which the government is located.
The petition shall be filed by the 60th day after the date the
notice is received. The clerk of the court shall immediately send a
copy of the petition to the Secretary.
`(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING- The Secretary
shall file with the court a record of the proceeding on which the
Secretary based the action. The court may consider only objections
to the action of the Secretary that were presented before the
Secretary.
`(c) COURT ACTION- The court may affirm, change, or set aside any
part of the action of the Secretary. The findings of fact by the
Secretary are conclusive if supported by substantial evidence in
the record. If a finding is not supported by substantial evidence
in the record, the court may remand the case to the Secretary to
take additional evidence. Upon such a remand, the Secretary may
make new or modified findings and shall certify additional
proceedings to the court.
`(d) REVIEW ONLY BY SUPREME COURT- A judgment of a court under
this section may be reviewed only by the Supreme Court under
section 1254 of title 28, United States Code.
`Sec. 6718. Investigations and reviews
`(a) INVESTIGATIONS BY SECRETARY-
`(1) IN GENERAL- The Secretary shall within a reasonable time
limit--
`(A) carry out an investigation and make a finding after
receiving a complaint referred to in section 6716(b), a
determination by a State or local administrative agency, or
other information about a possible violation of this chapter;
`(B) carry out audits and reviews (including
investigations of allegations) about possible violations of
this chapter; and
`(C) advise a complainant of the status of an audit,
investigation, or review of an allegation by the
complainant of a violation of section 6711 (a) or (b) or
other provision of this chapter.
`(2) TIME LIMIT- The maximum time limit under paragraph
(1)(A) is 120 days.
`(b) REVIEWS BY COMPTROLLER GENERAL- The Comptroller General of
the United States shall carry out reviews of the activities of the
Secretary, State governments, and units of general local government
necessary for the Congress to evaluate compliance and operations
under this chapter. These reviews shall include a comparison of the
waste and inefficiency of local governments using funds under this
chapter compared to waste and inefficiency with other comparable
Federal programs.
`Sec. 6719. Reports
`(a) REPORTS BY SECRETARY TO CONGRESS- Before June 2 of each year
prior to 2002, the Secretary personally shall report to the
Congress on--
`(1) the status and operation of the Local Government Fiscal
Assistance Fund during the prior fiscal year; and
`(2) the administration of this chapter, including a complete
and detailed analysis of--
`(A) actions taken to comply with sections 6711 through
6715, including a description of the kind and extent of
noncompliance and the status of pending complaints;
`(B) the extent to which units of general local
government receiving payments under this chapter have
complied with the requirements of this chapter;
`(C) the way in which payments under this chapter have
been distributed in the jurisdictions receiving payments; and
`(D) significant problems in carrying out this chapter
and recommendations for legislation to remedy the problems.
`(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO SECRETARY-
`(1) IN GENERAL- At the end of each fiscal year, each unit of
general local government which received a payment under this
chapter for the fiscal year shall submit a report to the
Secretary. The report shall be submitted in the form and at a
time prescribed by the Secretary and shall be available to the
public for inspection. The report shall state--
`(A) the amounts and purposes for which the payment has
been appropriated, expended, or obligated in the fiscal year;
`(B) the relationship of the payment to the relevant
functional items in the budget of the government; and
`(C) the differences between the actual and proposed use
of the payment.
`(2) AVAILABILITY OF REPORT- The Secretary shall provide a
copy of a report submitted under paragraph (1) by a unit of
general local government to the chief executive officer of the
State in which the government is located. The Secretary shall
provide the report in the manner and form prescribed by the
Secretary.
`Sec. 6720. Definitions, application, and administration
`(a) DEFINITIONS- In this chapter--
`(1) `unit of general local government' means--
`(A) a county, township, city, or political subdivision
of a county, township, or city, that is a unit of general
local government as determined by the Secretary of Commerce
for general statistical purposes; and
`(B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native village
that carries out substantial governmental duties and powers;
`(2) `payment period' means each 1-year period beginning on
October 1 of the years 1994 through 2000;
`(3) `State and local taxes' means taxes imposed by a State
government or unit of general local government or other
political subdivision of a State government for public purposes
(except employee and employer assessments and contributions to
finance retirement and social insurance systems and other
special assessments for capital outlay) as determined by the
Secretary of Commerce for general statistical purposes;
`(4) `State' means any of the several States and the District
of Columbia;
`(5) `income' means the total money income received from all
sources as determined by the Secretary of Commerce for general
statistical purposes, which for units of general local
government is reported by the Bureau of the Census for 1990 in
the publication Summary Social, Economic, and Housing
Characteristics;
`(6) `per capita income' means--
`(A) in the case of the United States, the income of the
United States divided by the population of the United States;
`(B) in the case of a State, the income of that State,
divided by the population of that State; and
`(C) in the case of a unit of general local government,
the income of that unit of general local government divided
by the population of the unit of general local government;
`(7) `finding of discrimination' means a decision by the
Secretary about a complaint described in section 6716(b), a
decision by a State or local administrative agency, or other
information (under regulations prescribed by the Secretary)
that it is more likely than not that a unit of general local
government has not complied with section 6711 (a) or (b);
`(8) `holding of discrimination' means a holding by a United
States court, a State court, or an administrative law judge
appointed under section 3105 of title 5, United States Code,
that a unit of general local government expending amounts
received under this chapter has--
`(A) excluded a person in the United States from
participating in, denied the person the benefits of, or
subjected the person to discrimination under, a program or
activity because of race, color, national origin, or sex; or
`(B) violated a prohibition against discrimination
described in section 6711(b); and
`(9) `Secretary' means the Secretary of Housing and Urban
Development.
`(b) DELEGATION OF ADMINISTRATION- The Secretary may enter into
agreements with other executive branch departments and agencies to
delegate to that department or agency all or part of the
Secretary's responsibility for administering this chapter.
`(c) TREATMENT OF SUBSUMED AREAS- If the entire geographic area
of a unit of general local government is located in a larger
entity, the unit of general local government is deemed to be
located in the larger entity. If only part of the geographic area
of a unit is located in a larger entity, each part is deemed to be
located in the larger entity and to be a separate unit of general
local government in determining allocations under this chapter.
Except as provided in regulations prescribed by the Secretary, the
Secretary shall make all data computations based on the ratio of
the estimated population of the part to the population of the
entire unit of general local government.
`(d) BOUNDARY AND OTHER CHANGES- If a boundary line change, a
State statutory or constitutional change, annexation, a
governmental reorganization, or other circumstance results in the
application of sections 6704 through 6708 in a way that does not
carry out the purposes of sections 6701 through 6708, the Secretary
shall apply sections 6701 through 6708 under regulations of the
Secretary in a way that is consistent with those purposes.'.
(b) ISSUANCE OF REGULATIONS- Within 90 days of the date of
enactment of this Act the Secretary shall issue regulations, which
may be interim regulations, to implement subsection (a), modifying
the regulations for carrying into effect the Revenue Sharing Act
that were in effect as of July 1, 1987, and that were published in
31 C.F.R. part 51. The Secretary need not hold a public hearing
before issuing these regulations.
(c) DEFICIT NEUTRALITY- Any appropriation to carry out the
amendment made by this subtitle to title 31, United States Code,
for fiscal year 1995 or 1996 shall be offset by cuts elsewhere in
appropriations for that fiscal year.
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of title 31,
United States Code, is amended by adding after the item relating to
chapter 65 the following:
6701'.
SUBTITLE K--NATIONAL COMMUNITY ECONOMIC PARTNERSHIP
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the `National Community Economic
Partnership Act of 1994'.
[BOLD->] CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT
FUNDS [<-BOLD]
SEC. 31111. PURPOSE.
It is the purpose of this chapter to increase private investment
in distressed local communities and to build and expand the
capacity of local institutions to better serve the economic needs
of local residents through the provision of financial and technical
assistance to community development corporations.
SEC. 31112. PROVISION OF ASSISTANCE.
(a) AUTHORITY- The Secretary of Health and Human Services
(referred to in this subtitle as the `Secretary') may, in
accordance with this chapter, provide nonrefundable lines of credit
to community development corporations for the establishment,
maintenance or expansion of revolving loan funds to be utilized to
finance projects intended to provide business and employment
opportunities for low-income, unemployed, or underemployed
individuals and to improve the quality of life in urban and rural
areas.
(b) REVOLVING LOAN FUNDS-
(1) COMPETITIVE ASSESSMENT OF APPLICATIONS- In providing
assistance under subsection (a), the Secretary shall establish
and implement a competitive process for the solicitation and
consideration of applications from eligible entities for lines
of credit for the capitalization of revolving funds.
(2) ELIGIBLE ENTITIES- To be eligible to receive a line of
credit under this chapter an applicant shall--
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary
that shall include a strategic investment plan that
identifies and describes the economic characteristics of
the target area to be served, the types of business to be
assisted and the impact of such assistance on low-income,
underemployed, and unemployed individuals in the target area;
(C) demonstrate previous experience in the development of
low-income housing or community or business development
projects in a low-income community and provide a record of
achievement with respect to such projects; and
(D) have secured one or more commitments from local
sources for contributions (either in cash or in kind,
letters of credit or letters of commitment) in an amount
that is at least equal to the amount requested in the
application submitted under subparagraph (B).
(3) EXCEPTION- Notwithstanding the provisions of paragraph
(2)(D), the Secretary may reduce local contributions to not
less than 25 percent of the amount of the line of credit
requested by the community development corporation if the
Secretary determines such to be appropriate in accordance with
section 31116.
SEC. 31113. APPROVAL OF APPLICATIONS.
(a) IN GENERAL- In evaluating applications submitted under
section 31112(b)(2)(B), the Secretary shall ensure that--
(1) the residents of the target area to be served (as
identified under the strategic development plan) would have an
income that is less than the median income for the area (as
determined by the Secretary);
(2) the applicant community development corporation possesses
the technical and managerial capability necessary to administer
a revolving loan fund and has past experience in the
development and management of housing, community and economic
development programs;
(3) the applicant community development corporation has
provided sufficient evidence of the existence of good working
relationships with--
(A) local businesses and financial institutions, as well
as with the community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will
target job opportunities that arise from revolving loan fund
investments under this chapter so that 75 percent of the jobs
retained or created under such investments are provided to--
(A) individuals with--
(i) incomes that do not exceed the Federal poverty
line; or
(ii) incomes that do not exceed 80 percent of the
median income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have
participated in job training programs authorized under the
Job Training Partnership Act (29 U.S.C. 1501 et seq.) or
the Family Support Act of 1988 (Public Law 100-485);
(D) individuals whose jobs may be retained as a result of
the provision of financing available under this chapter; or
(E) individuals who have historically been
underrepresented in the local economy; and
(5) a representative cross section of applicants are
approved, including large and small community development
corporations, urban and rural community development
corporations and community development corporations
representing diverse populations.
(b) PRIORITY- In determining which application to approve under
this chapter the Secretary shall give priority to those applicants
proposing to serve a target area--
(1) with a median income that does not exceed 80 percent of
the median for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the
Secretary or in which the population loss is at least 7 percent
from April 1, 1980, to April 1, 1990, as reported by the Bureau
of the Census.
SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) APPROVAL OF APPLICATION- The Secretary shall provide a
community development corporation that has an application approved
under section 31113 with a line of credit in an amount determined
appropriate by the Secretary, subject to the limitations contained
in subsection (b).
(b) LIMITATIONS ON AVAILABILITY OF AMOUNTS-
(1) MAXIMUM AMOUNT- The Secretary shall not provide in excess
of $2,000,000 in lines of credit under this chapter to a single
applicant.
(2) PERIOD OF AVAILABILITY- A line of credit provided under
this chapter shall remain available over a period of time
established by the Secretary, but in no event shall any such
period of time be in excess of 3 years from the date on which
such line of credit is made available.
(3) EXCEPTION- Notwithstanding paragraphs (1) and (2), if a
recipient of a line of credit under this chapter has made full
and productive use of such line of credit, can demonstrate the
need and demand for additional assistance, and can meet the
requirements of section 31112(b)(2), the amount of such line of
credit may be increased by not more than $1,500,000.
(c) AMOUNTS DRAWN FROM LINE OF CREDIT- Amounts drawn from each
line of credit under this chapter shall be used solely for the
purposes described in section 31111 and shall only be drawn down as
needed to provide loans, investments, or to defray administrative
costs related to the establishment of a revolving loan fund.
(d) USE OF REVOLVING LOAN FUNDS- Revolving loan funds established
with lines of credit provided under this chapter may be used to
provide technical assistance to private business enterprises and to
provide financial assistance in the form of loans, loan guarantees,
interest reduction assistance, equity shares, and other such forms
of assistance to business enterprises in target areas and who are
in compliance with section 31113(a)(4).
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
(a) MATCHING REQUIREMENT- Not to exceed 50 percent of the total
amount to be invested by an entity under this chapter may be
derived from funds made available from a line of credit under this
chapter.
(b) TECHNICAL ASSISTANCE AND ADMINISTRATION- Not to exceed 10
percent of the amounts available from a line of credit under this
chapter shall be used for the provision of training or technical
assistance and for the planning, development, and management of
economic development projects. Community development corporations
shall be encouraged by the Secretary to seek technical assistance
from other community development corporations, with expertise in
the planning, development and management of economic development
projects. The Secretary shall assist in the identification and
facilitation of such technical assistance.
(c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS- To receive funds
available under a line of credit provided under this chapter, an
entity, using procedures established by the Secretary, shall
demonstrate to the community development corporation that such
entity agrees to provide local and private sector contributions in
accordance with section 31112(b)(2)(D), will participate with such
community development corporation in a loan, guarantee or
investment program for a designated business enterprise, and that
the total financial commitment to be provided by such entity is at
least equal to the amount to be drawn from the line of credit.
(d) USE OF PROCEEDS FROM INVESTMENTS- Proceeds derived from
investments made using funds made available under this chapter may
be used only for the purposes described in section 31111 and shall
be reinvested in the community in which they were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) IN GENERAL- The Secretary shall give priority in providing
lines of credit under this chapter to community development
corporations that propose to undertake economic development
activities in distressed communities that target women, Native
Americans, at risk youth, farmworkers, population-losing
communities, very low-income communities, single mothers, veterans,
and refugees; or that expand employee ownership of private
enterprises and small businesses, and to programs providing loans
of not more than $35,000 to very small business enterprises.
(b) RESERVATION OF FUNDS- Not less than 5 percent of the amounts
made available under section 31112(a)(2)(A) may be reserved to
carry out the activities described in subsection (a).
[BOLD->] CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
[<-BOLD]
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) PURPOSE- It is the purpose of this section to provide
assistance to community development corporations to upgrade the
management and operating capacity of such corporations and to
enhance the resources available to enable such corporations to
increase their community economic development activities.
(b) SKILL ENHANCEMENT GRANTS-
(1) IN GENERAL- The Secretary shall award grants to community
development corporations to enable such corporations to attain
or enhance the business management and development skills of
the individuals that manage such corporations to enable such
corporations to seek the public and private resources necessary
to develop community economic development projects.
(2) USE OF FUNDS- A recipient of a grant under paragraph (1)
may use amounts received under such grant--
(A) to acquire training and technical assistance from
agencies or institutions that have extensive experience in
the development and management of low-income community
economic development projects; or
(B) to acquire such assistance from other highly
successful community development corporations.
(c) OPERATING GRANTS-
(1) IN GENERAL- The Secretary shall award grants to community
development corporations to enable such corporations to support
an administrative capacity for the planning, development, and
management of low-income community economic development projects.
(2) USE OF FUNDS- A recipient of a grant under paragraph (1)
may use amounts received under such grant--
(A) to conduct evaluations of the feasibility of
potential low-income community economic development
projects that address identified needs in the low-income
community and that conform to those projects and activities
permitted under subtitle A;
(B) to develop a business plan related to such a
potential project; or
(C) to mobilize resources to be contributed to a planned
low-income community economic development project or
strategy.
(d) APPLICATIONS- A community development corporation that
desires to receive a grant under this section shall prepare and
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require.
(e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT CORPORATION-
Amounts provided under this section to a community development
corporation shall not exceed $75,000 per year. Such corporations
may apply for grants under this section for up to 3 consecutive
years, except that such corporations shall be required to submit a
new application for each grant for which such corporation desires
to receive and compete on the basis of such applications in the
selection process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING
LOAN FUNDS.
(a) AUTHORITY- The Secretary may award grants to emerging
community development corporations to enable such corporations to
establish, maintain or expand revolving loan funds, to make or
guarantee loans, or to make capital investments in new or expanding
local businesses.
(b) ELIGIBILITY- To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a community development corporation;
(2) have completed not less than one nor more than two
community economic development projects or related projects
that improve or provide job and employment opportunities to
low-income individuals;
(3) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a strategic investment
plan that identifies and describes the economic characteristics
of the target area to be served, the types of business to be
assisted using amounts received under the grant and the impact
of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources
for contributions (either in cash or in kind, letters of
credit, or letters of commitment) in an amount that is equal to
at least 10 percent of the amounts requested in the application
submitted under paragraph (2).
(c) USE OF THE REVOLVING LOAN FUND-
(1) IN GENERAL- A revolving loan fund established or
maintained with amounts received under this section may be
utilized to provide financial and technical assistance, loans,
loan guarantees or investments to private business enterprises
to--
(A) finance projects intended to provide business and
employment opportunities for low-income individuals and to
improve the quality of life in urban and rural areas; and
(B) build and expand the capacity of emerging community
development corporations and serve the economic needs of
local residents.
(2) TECHNICAL ASSISTANCE- The Secretary shall encourage
emerging community development corporations that receive grants
under this section to seek technical assistance from
established community development corporations, with expertise
in the planning, development and management of economic
development projects and shall facilitate the receipt of such
assistance.
(3) LIMITATION- Not to exceed 10 percent of the amounts
received under this section by a grantee shall be used for
training, technical assistance and administrative purposes.
(d) USE OF PROCEEDS FROM INVESTMENTS- Proceeds derived from
investments made with amounts provided under this section may be
utilized only for the purposes described in this subtitle and shall
be reinvested in the community in which they were generated.
(e) AMOUNTS AVAILABLE- Amounts provided under this section to a
community development corporation shall not exceed $500,000 per year.
[BOLD->] CHAPTER 3--MISCELLANEOUS PROVISIONS [<-BOLD]
SEC. 31131. DEFINITIONS.
As used in this subtitle:
(1) COMMUNITY DEVELOPMENT CORPORATION- The term `community
development corporation' means a private, nonprofit corporation
whose board of directors is comprised of business, civic and
community leaders, and whose principal purpose includes the
provision of low-income housing or community economic
development projects that primarily benefit low-income
individuals and communities.
(2) LOCAL AND PRIVATE SECTOR CONTRIBUTION- The term `local
and private sector contribution' means the funds available at
the local level (by private financial institutions, State and
local governments) or by any private philanthropic organization
and private, nonprofit organizations that will be committed and
used solely for the purpose of financing private business
enterprises in conjunction with amounts provided under this
subtitle.
(3) POPULATION-LOSING COMMUNITY- The term `population-losing
community' means any county in which the net population loss is
at least 7 percent from April 1, 1980 to April 1, 1990, as
reported by the Bureau of the Census.
(4) PRIVATE BUSINESS ENTERPRISE- The term `private business
enterprise' means any business enterprise that is engaged in
the manufacture of a product, provision of a service,
construction or development of a facility, or that is involved
in some other commercial, manufacturing or industrial activity,
and that agrees to target job opportunities stemming from
investments authorized under this subtitle to certain
individuals.
(5) TARGET AREA- The term `target area' means any area
defined in an application for assistance under this subtitle
that has a population whose income does not exceed the median
for the area within which the target area is located.
(6) VERY LOW-INCOME COMMUNITY- The term `very low-income
community' means a community in which the median income of the
residents of such community does not exceed 50 percent of the
median income of the area.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to carry
out chapters 1 and 2--
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) EARMARKS- Of the aggregate amount appropriated under
subsection (a) for each fiscal year--
(1) 60 percent shall be available to carry out chapter 1; and
(2) 40 percent shall be available to carry out chapter 2.
(c) AMOUNTS- Amounts appropriated under subsection (a) shall
remain available for expenditure without fiscal year limitation.
SEC. 31133. PROHIBITION.
None of the funds authorized under this subtitle shall be used to
finance the construction of housing.
SUBTITLE O--URBAN RECREATION AND AT-RISK YOUTH
SEC. 31501. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act of
1978 is amended by adding the following at the end: `It is further
the purpose of this title to improve recreation facilities and
expand recreation services in urban areas with a high incidence of
crime and to help deter crime through the expansion of recreation
opportunities for at-risk youth. It is the further purpose of this
section to increase the security of urban parks and to promote
collaboration between local agencies involved in parks and
recreation, law enforcement, youth social services, and juvenile
justice system.'.
SEC. 31502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act of
1978 is amended by inserting the following new subsection after
subsection (c) and by redesignating subsections (d) through (j) as
(e) through (k), respectively:
`(d) `at-risk youth recreation grants' means--
`(1) rehabilitation grants,
`(2) innovation grants, or
`(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including grants for operating, or
coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of crime,
particularly violent crime or crime committed by youthful
offenders; in addition to the purposes specified in subsection (b),
rehabilitation grants referred to in paragraph (1) of this
subsection may be used for the provision of lighting, emergency
phones or other capital improvements which will improve the
security of urban parks;'.
SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act of
1978 is amended by striking `and' at the end of paragraph (6), by
striking the period at the end of paragraph (7) and inserting `;
and' and by adding the following at the end:
`(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
`(A) Programs which are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
`(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and
self-esteem.
`(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities.
`(D) Programs which offer services during late night or
other nonschool hours.
`(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law
enforcement, and youth social service agencies and
nongovernmental entities, including the private sector and
community and nonprofit organizations.
`(F) Programs which leverage public or private recreation
investments in the form of services, materials, or cash.
`(G) Programs which show the greatest potential of being
continued with non-Federal funds or which can serve as
models for other communities.'.
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery Act of
1978 is amended by adding the following at the end: `In order to be
eligible to receive `at-risk youth recreation grants' a local
government shall amend its 5-year action program to incorporate the
goal of reducing crime and juvenile delinquency and to provide a
description of the implementation strategies to achieve this goal.
The plan shall also address how the local government is
coordinating its recreation programs with crime prevention efforts
of law enforcement, juvenile corrections, and youth social service
agencies.'.
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) PROGRAM SUPPORT- Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting `(a) IN
GENERAL- ' after `1013' and by adding the following new subsection
at the end:
`(b) PROGRAM SUPPORT- Not more than 25 percent of the amounts
made available under this title to any local government may be used
for program support.'.
(b) EXTENSION- Section 1003 of the Urban Park and Recreation
Recovery Act of 1978 is amended by striking `for a period of five
years' and by striking `short-term'.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subtitle--
(1) $2,700,000 for fiscal year 1996;
(2) $450,000 for fiscal year 1997;
(3) $450,000 for fiscal year 1998;
(4) $450,000 for fiscal year 1999; and
(5) $450,000 for fiscal year 2000.
SUBTITLE Q--COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS
SEC. 31701. GRANT AUTHORIZATION.
(a) IN GENERAL- The Attorney General may make grants to State,
Indian tribal, or local prosecutors for the purpose of supporting
the creation or expansion of community-based justice programs.
(b) CONSULTATION- The Attorney General may consult with the Ounce
of Prevention Council in making grants under subsection (a).
SEC. 31702. USE OF FUNDS.
Grants made by the Attorney General under this section shall be
used--
(1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police,
probation officers, youth and social service professionals, and
community members in the effort to reduce the incidence of, and
increase the successful identification and speed of prosecution
of, young violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose
individualized sanctions, designed to deter that offender from
further antisocial conduct, and impose increasingly serious
sanctions on a young offender who continues to commit offenses;
(3) to fund programs that coordinate criminal justice
resources with educational, social service, and community
resources to develop and deliver violence prevention programs,
including mediation and other conflict resolution methods,
treatment, counseling, educational, and recreational programs
that create alternatives to criminal activity; and
(4) in rural States (as defined in section 1501(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796bb(B)), to fund cooperative efforts between State
and local prosecutors, victim advocacy and assistance groups,
social and community service providers, and law enforcement
agencies to investigate and prosecute child abuse cases, treat
youthful victims of child abuse, and work in cooperation with
the community to develop education and prevention strategies
directed toward the issues with which such entities are
concerned.
SEC. 31703. APPLICATIONS.
(a) ELIGIBILITY- In order to be eligible to receive a grant under
this part for any fiscal year, a State, Indian tribal, or local
prosecutor, in conjunction with the chief executive officer of the
jurisdiction in which the program will be placed, shall submit an
application to the Attorney General in such form and containing
such information as the Attorney General may reasonably require.
(b) REQUIREMENTS- Each applicant shall include--
(1) a request for funds for the purposes described in section
31702;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime, youth violence,
and child abuse problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing such
information that the Attorney General may require.
(c) COMPREHENSIVE PLAN- Each applicant shall include a
comprehensive plan that shall contain--
(1) a description of the youth violence or child abuse crime
problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 31702;
(3) a description of the resources available in the community
to implement the plan together with a description of the gaps
in the plan that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to
fill gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) ADMINISTRATIVE COST LIMITATION- The Attorney General shall
use not more than 5 percent of the funds available under this
program for the purposes of administration and technical assistance.
(b) RENEWAL OF GRANTS- A grant under this part may be renewed for
up to 2 additional years after the first fiscal year during which
the recipient receives its initial grant under this part, subject
to the availability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous years were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional grant
is necessary to implement the community prosecution program
described in the comprehensive plan required by section 31703.
SEC. 31705. AWARD OF GRANTS.
The Attorney General shall consider the following facts in
awarding grants:
(1) Demonstrated need and evidence of the ability to provide
the services described in the plan required under section 31703.
(2) The Attorney General shall attempt, to the extent
practicable, to achieve an equitable geographic distribution of
grant awards.
SEC. 31706. REPORTS.
(a) REPORT TO ATTORNEY GENERAL- State and local prosecutors that
receive funds under this subtitle shall submit to the Attorney
General a report not later than March 1 of each year that describes
progress achieved in carrying out the plan described under section
31703(c).
(b) REPORT TO CONGRESS- The Attorney General shall submit to the
Congress a report by October 1 of each year in which grants are
made available under this subtitle which shall contain a detailed
statement regarding grant awards, activities of grant recipients, a
compilation of statistical information submitted by applicants, and
an evaluation of programs established under this subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $7,000,000 for fiscal year 1996;
(2) $10,000,000 for fiscal year 1997;
(3) $10,000,000 for fiscal year 1998;
(4) $11,000,000 for fiscal year 1999; and
(5) $12,000,000 for fiscal year 2000.
SEC. 31708. DEFINITIONS.
In this subtitle--
`Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
`young violent offenders' means individuals, ages 7 through
22, who have committed crimes of violence, weapons offenses,
drug distribution, hate crimes and civil rights violations, and
offenses against personal property of another.
SUBTITLE S--FAMILY UNITY DEMONSTRATION PROJECT
SEC. 31901. SHORT TITLE.
This subtitle may be cited as the `Family Unity Demonstration
Project Act'.
SEC. 31902. PURPOSE.
The purpose of this subtitle is to evaluate the effectiveness of
certain demonstration projects in helping to--
(1) alleviate the harm to children and primary caretaker
parents caused by separation due to the incarceration of the
parents;
(2) reduce recidivism rates of prisoners by encouraging
strong and supportive family relationships; and
(3) explore the cost effectiveness of community correctional
facilities.
SEC. 31903. DEFINITIONS.
In this subtitle--
`child' means a person who is less than 7 years of age.
`community correctional facility' means a residential
facility that--
(A) is used only for eligible offenders and their
children under 7 years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to their
children; and
(D) provides to inmates and their children--
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent with
medical standards for correctional facilities;
(iii) programs to improve the stability of the
parent-child relationship, including educating parents
regarding--
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for
prisoners; and
(v) programs and support services to help inmates--
(I) to improve and maintain mental and physical health, including
access to counseling;
(II) to obtain adequate housing upon release from State
incarceration;
(III) to obtain suitable education, employment, or training for
employment; and
(IV) to obtain suitable child care.
`eligible offender' means a primary caretaker parent who--
(A) has been sentenced to a term of imprisonment of not
more than 7 years or is awaiting sentencing for a
conviction punishable by such a term of imprisonment; and
(B) has not engaged in conduct that--
(i) knowingly resulted in death or serious bodily
injury;
(ii) is a felony for a crime of violence against a
person; or
(iii) constitutes child neglect or mental, physical,
or sexual abuse of a child.
`primary caretaker parent' means--
(A) a parent who has consistently assumed responsibility
for the housing, health, and safety of a child prior to
incarceration; or
(B) a woman who has given birth to a child after or while
awaiting her sentencing hearing and who expresses a
willingness to assume responsibility for the housing,
health, and safety of that child,
a parent who, in the best interest of a child, has arranged for
the temporary care of the child in the home of a relative or
other responsible adult shall not for that reason be excluded
from the category `primary caretaker'.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION- There are authorized to be appropriated to
carry out this subtitle--
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) AVAILABILITY OF APPROPRIATIONS- Of the amount appropriated
under subsection (a) for any fiscal year--
(1) 90 percent shall be available to carry out chapter 1; and
(2) 10 percent shall be available to carry out chapter 2.
[BOLD->] CHAPTER 1--GRANTS TO STATES [<-BOLD]
SEC. 31911. AUTHORITY TO MAKE GRANTS.
(a) GENERAL AUTHORITY- The Attorney General may make grants, on a
competitive basis, to States to carry out in accordance with this
subtitle family unity demonstration projects that enable eligible
offenders to live in community correctional facilities with their
children.
(b) PREFERENCES- For the purpose of making grants under
subsection (a), the Attorney General shall give preference to a
State that includes in the application required by section 31912
assurances that if the State receives a grant--
(1) both the State corrections agency and the State health
and human services agency will participate substantially in,
and cooperate closely in all aspects of, the development and
operation of the family unity demonstration project for which
such a grant is requested;
(2) boards made up of community members, including residents,
local businesses, corrections officials, former prisoners,
child development professionals, educators, and maternal and
child health professionals will be established to advise the
State regarding the operation of such project;
(3) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in correctional
facilities for which they qualify that are located closest to
their respective family homes;
(4) unless the Attorney General determines that a longer
timeline is appropriate in a particular case, the State will
implement the project not later than 180 days after receiving a
grant under subsection (a) and will expend all of the grant
during a 1-year period;
(5) the State has the capacity to continue implementing a
community correctional facility beyond the funding period to
ensure the continuity of the work;
(6) unless the Attorney General determines that a different
process for selecting participants in a project is desirable,
the State will--
(A) give written notice to a prisoner, not later than 30
days after the State first receives a grant under
subsection (a) or 30 days after the prisoner is sentenced
to a term of imprisonment of not more than 7 years
(whichever is later), of the proposed or current operation
of the project;
(B) accept at any time at which the project is in
operation an application by a prisoner to participate in
the project if, at the time of application, the remainder
of the prisoner's sentence exceeds 180 days;
(C) review applications by prisoners in the sequence in
which the State receives such applications; and
(D) not more than 50 days after reviewing such
applications approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to
participate in such project, the State has authorized State
courts to sentence an eligible offender directly to a community
correctional facility, provided that the court gives assurances
that the offender would have otherwise served a term of
imprisonment.
(c) SELECTION OF GRANTEES- The Attorney General shall make grants
under subsection (a) on a competitive basis, based on such criteria
as the Attorney General shall issue by rule and taking into account
the preferences described in subsection (b).
SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 31911, a State
shall submit to the Attorney General an application at such time,
in such form, and containing such information as the Attorney
General reasonably may require by rule.
SEC. 31913. REPORT.
(a) IN GENERAL- A State that receives a grant under this title
shall, not later than 90 days after the 1-year period in which the
grant is required to be expended, submit a report to the Attorney
General regarding the family unity demonstration project for which
the grant was expended.
(b) CONTENTS- A report under subsection (a) shall--
(1) state the number of prisoners who submitted applications
to participate in the project and the number of prisoners who
were placed in community correctional facilities;
(2) state, with respect to prisoners placed in the project,
the number of prisoners who are returned to that jurisdiction
and custody and the reasons for such return;
(3) describe the nature and scope of educational and training
activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts
made with public and nonprofit private community-based
organizations to carry out such project; and
(5) evaluate the effectiveness of the project in
accomplishing the purposes described in section 31902.
[BOLD->] CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL
PRISONERS [<-BOLD]
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) IN GENERAL- With the funds available to carry out this
subtitle for the benefit of Federal prisoners, the Attorney
General, acting through the Director of the Bureau of Prisons,
shall select eligible prisoners to live in community correctional
facilities with their children.
(b) GENERAL CONTRACTING AUTHORITY- In implementing this title,
the Attorney General may enter into contracts with appropriate
public or private agencies to provide housing, sustenance,
services, and supervision of inmates eligible for placement in
community correctional facilities under this title.
(c) USE OF STATE FACILITIES- At the discretion of the Attorney
General, Federal participants may be placed in State projects as
defined in chapter 1. For such participants, the Attorney General
shall, with funds available under section 31904(b)(2), reimburse
the State for all project costs related to the Federal
participant's placement, including administrative costs.
SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 31921, the Attorney General
shall consult with the Secretary of Health and Human Services
regarding the development and operation of the project.
SUBTITLE T--SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended--
(1) in the last sentence of subsection (b), by striking `, to
the extent practicable,'; and
(2) by adding at the end the following new subsection:
`(e) Substance Abuse Treatment-
`(1) PHASE-IN- In order to carry out the requirement of the
last sentence of subsection (b) of this section, that every
prisoner with a substance abuse problem have the opportunity to
participate in appropriate substance abuse treatment, the
Bureau of Prisons shall, subject to the availability of
appropriations, provide residential substance abuse treatment
(and make arrangements for appropriate aftercare)--
`(A) for not less than 50 percent of eligible prisoners
by the end of fiscal year 1995, with priority for such
treatment accorded based on an eligible prisoner's
proximity to release date;
`(B) for not less than 75 percent of eligible prisoners
by the end of fiscal year 1996, with priority for such
treatment accorded based on an eligible prisoner's
proximity to release date; and
`(C) for all eligible prisoners by the end of fiscal year
1997 and thereafter, with priority for such treatment
accorded based on an eligible prisoner's proximity to
release date.
`(2) Incentive for prisoners' successful completion of
treatment program-
`(A) GENERALLY- Any prisoner who, in the judgment of the
Director of the Bureau of Prisons, has successfully
completed a program of residential substance abuse
treatment provided under paragraph (1) of this subsection,
shall remain in the custody of the Bureau under such
conditions as the Bureau deems appropriate. If the
conditions of confinement are different from those the
prisoner would have experienced absent the successful
completion of the treatment, the Bureau shall periodically
test the prisoner for substance abuse and discontinue such
conditions on determining that substance abuse has recurred.
`(B) PERIOD OF CUSTODY- The period a prisoner convicted
of a nonviolent offense remains in custody after
successfully completing a treatment program may be reduced
by the Bureau of Prisons, but such reduction may not be
more than one year from the term the prisoner must
otherwise serve.
`(3) REPORT- The Bureau of Prisons shall transmit to the
Committees on the Judiciary of the Senate and the House of
Representatives on January 1, 1995, and on January 1 of each
year thereafter, a report. Such report shall contain--
`(A) a detailed quantitative and qualitative description
of each substance abuse treatment program, residential or
not, operated by the Bureau;
`(B) a full explanation of how eligibility for such
programs is determined, with complete information on what
proportion of prisoners with substance abuse problems are
eligible; and
`(C) a complete statement of to what extent the Bureau
has achieved compliance with the requirements of this title.
`(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this subsection--
`(A) $13,500,000 for fiscal year 1996;
`(B) $18,900,000 for fiscal year 1997;
`(C) $25,200,000 for fiscal year 1998;
`(D) $27,000,000 for fiscal year 1999; and
`(E) $27,900,000 for fiscal year 2000.
`(5) DEFINITIONS- As used in this subsection--
`(A) the term `residential substance abuse treatment'
means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment
facilities set apart from the general prison population--
`(i) directed at the substance abuse problems of the
prisoner; and
`(ii) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as
to solve the prisoner's substance abuse and related
problems;
`(B) the term `eligible prisoner' means a prisoner who is--
`(i) determined by the Bureau of Prisons to have a
substance abuse problem; and
`(ii) willing to participate in a residential
substance abuse treatment program; and
`(C) the term `aftercare' means placement, case
management and monitoring of the participant in a
community-based substance abuse treatment program when the
participant leaves the custody of the Bureau of Prisons.
`(6) COORDINATION OF FEDERAL ASSISTANCE- The Bureau of
Prisons shall consult with the Department of Health and Human
Services concerning substance abuse treatment and related
services and the incorporation of applicable components of
existing comprehensive approaches including relapse prevention
and aftercare services.'.
SUBTITLE U--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS.
(a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS- Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 20201(a), is amended--
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:
[BOLD->] `PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS [<-BOLD]
`SEC. 1901. GRANT AUTHORIZATION.
`(a) The Attorney General may make grants under this part to
States, for use by States and units of local government for the
purpose of developing and implementing residential substance abuse
treatment programs within State correctional facilities, as well as
within local correctional and detention facilities in which inmates
are incarcerated for a period of time sufficient to permit
substance abuse treatment.
`(b) CONSULTATION- The Attorney General shall consult with the
Secretary of Health and Human Services to ensure that projects of
substance abuse treatment and related services for State prisoners
incorporate applicable components of existing comprehensive
approaches including relapse prevention and aftercare services.
`SEC. 1902. STATE APPLICATIONS.
`(a) IN GENERAL- (1) To request a grant under this part the chief
executive of a State shall submit an application to the Attorney
General in such form and containing such information as the
Attorney General may reasonably require.
`(2) Such application shall include assurances that Federal funds
received under this part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for activities
funded under this part.
`(3) Such application shall coordinate the design and
implementation of treatment programs between State correctional
representatives and the State Alcohol and Drug Abuse agency (and,
if appropriate, between representatives of local correctional
agencies and representatives of either the State alcohol and drug
abuse agency or any appropriate local alcohol and drug abuse agency).
`(b) SUBSTANCE ABUSE TESTING REQUIREMENT- To be eligible to
receive funds under this part, a State must agree to implement or
continue to require urinalysis or other proven reliable forms of
testing of individuals in correctional residential substance abuse
treatment programs. Such testing shall include individuals released
from residential substance abuse treatment programs who remain in
the custody of the State.
`(c) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT-
`(1) To be eligible for a preference under this part, a State
must ensure that individuals who participate in the substance
abuse treatment program established or implemented with
assistance provided under this part will be provided with
aftercare services.
`(2) State aftercare services must involve the coordination
of the correctional facility treatment program with other human
service and rehabilitation programs, such as educational and
job training programs, parole supervision programs, half-way
house programs, and participation in self-help and peer group
programs, that may aid in the rehabilitation of individuals in
the substance abuse treatment program.
`(3) To qualify as an aftercare program, the head of the
substance abuse treatment program, in conjunction with State
and local authorities and organizations involved in substance
abuse treatment, shall assist in placement of substance abuse
treatment program participants with appropriate community
substance abuse treatment facilities when such individuals
leave the correctional facility at the end of a sentence or on
parole.
`(d) COORDINATION OF FEDERAL ASSISTANCE- Each application
submitted for a grant under this section shall include a
description of how the funds made available under this section will
be coordinated with Federal assistance for substance abuse
treatment and aftercare services currently provided by the
Department of Health and Human Services' Substance Abuse and Mental
Health Services Administration.
`(e) STATE OFFICE- The Office designated under section 507--
`(1) shall prepare the application as required under this
section; and
`(2) shall administer grant funds received under this part,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
`SEC. 1903. REVIEW OF STATE APPLICATIONS.
`(a) IN GENERAL- The Attorney General shall make a grant under
section 1901 to carry out the projects described in the application
submitted under section 1902 upon determining that--
`(1) the application is consistent with the requirements of
this part; and
`(2) before the approval of the application the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this part.
`(b) APPROVAL- Each application submitted under section 1902
shall be considered approved, in whole or in part, by the Attorney
General not later than 90 days after first received unless the
Attorney General informs the applicant of specific reasons for
disapproval.
`(c) RESTRICTION- Grant funds received under this part shall not
be used for land acquisition or construction projects.
`(d) DISAPPROVAL NOTICE AND RECONSIDERATION- The Attorney General
shall not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.
`SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
`(a) ALLOCATION- Of the total amount appropriated under this part
in any fiscal year--
`(1) 0.4 percent shall be allocated to each of the
participating States; and
`(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the State prison population of such State bears to the total
prison population of all the participating States.
`(b) FEDERAL SHARE- The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 1902 for the
fiscal year for which the projects receive assistance under this
part.
`SEC. 1905. EVALUATION.
`Each State that receives a grant under this part shall submit to
the Attorney General an evaluation not later than March 1 of each
year in such form and containing such information as the Attorney
General may reasonably require.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 20201(b), is amended by inserting
after the matter relating to part R the following new part:
`PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
`Sec. 1901. Grant authorization.
`Sec. 1902. State applications.
`Sec. 1903. Review of State applications.
`Sec. 1904. Allocation and distribution of funds.
`Sec. 1905. Evaluation.
`PART T--TRANSITION-EFFECTIVE DATE-REPEALER
`Sec. 2001. Confirmation of rules, authorities, and proceedings.'.
(c) DEFINITIONS- Section 901(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section
20201(c), is amended--
(1) by striking `and' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(25) the term `residential substance abuse treatment
program' means a course of individual and group activities,
lasting between 6 and 12 months, in residential treatment
facilities set apart from the general prison population--
`(A) directed at the substance abuse problems of the
prisoner; and
`(B) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as to
solve the prisoner's substance abuse and related problems.'.
(d) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 20201(d), is amended--
(1) in paragraph (3) by striking `and R' and inserting `R, or
S'; and
(2) by adding at the end the following new paragraph:
`(17) There are authorized to be appropriated to carry out the
projects under part S--
`(A) $27,000,000 for fiscal year 1996;
`(B) $36,000,000 for fiscal year 1997;
`(C) $63,000,000 for fiscal year 1998;
`(D) $72,000,000 for fiscal year 1999; and
`(E) $72,000,000 for fiscal year 2000.'.
SUBTITLE V--PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) GUIDELINES- The Attorney General, in consultation with the
Secretary of Health and Human Services and the Director of the
National Institute of Corrections, shall develop and disseminate to
appropriate entities, including State, Indian tribal, and local
correctional institutions and the Immigration and Naturalization
Service, guidelines for the prevention, diagnosis, treatment, and
followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or
under contract with the Immigration and Naturalization Service.
(b) COMPLIANCE- The Attorney General shall ensure that prisons in
the Federal prison system and holding facilities operated by or
under contract with the Immigration and Naturalization Service
comply with the guidelines described in subsection (a).
(c) GRANTS-
(1) IN GENERAL- The Attorney General shall make grants to
State, Indian tribal, and local correction authorities and
public health authorities to assist in establishing and
operating programs for the prevention, diagnosis, treatment,
and followup care of tuberculosis among inmates of correctional
institutions.
(2) FEDERAL SHARE- The Federal share of funding of a program
funded with a grant under paragraph (1) shall not exceed 50
percent.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this section--
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(d) DEFINITIONS- In this section--
`Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
SUBTITLE X--GANG RESISTANCE EDUCATION AND TRAINING
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) ESTABLISHMENT OF PROJECTS-
(1) IN GENERAL- The Secretary of the Treasury shall establish
not less than 50 Gang Resistance Education and Training (GREAT)
projects, to be located in communities across the country, in
addition to the number of projects currently funded.
(2) SELECTION OF COMMUNITIES- Communities identified for such
GREAT projects shall be selected by the Secretary of the
Treasury on the basis of gang-related activity in that
particular community.
(3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION- The
Secretary of the Treasury shall make available not less than
$800,000 per project, subject to the availability of
appropriations, and such funds shall be allocated--
(A) 50 percent to the affected State and local law
enforcement and prevention organizations participating in
such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and
Firearms for salaries, expenses, and associated
administrative costs for operating and overseeing such
projects.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section--
(1) $9,000,000 for fiscal year 1995;
(2) $7,200,000 for fiscal year 1996;
(3) $7,200,000 for fiscal year 1997;
(4) $7,200,000 for fiscal year 1998;
(5) $7,200,000 for fiscal year 1999; and
(6) $7,720,000 for fiscal year 2000.
TITLE IV--VIOLENCE AGAINST WOMEN
SEC. 40001. SHORT TITLE.
This title may be cited as the `Violence Against Women Act of
1994'.
SUBTITLE A--SAFE STREETS FOR WOMEN
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the `Safe Streets for Women Act of
1994'.
[BOLD->] CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES [<-BOLD]
SEC. 40111. REPEAT OFFENDERS.
(a) IN GENERAL- Chapter 109A of title 18, United States Code, is
amended by adding at the end the following new section:
`Sec. 2247. Repeat offenders
`Any person who violates a provision of this chapter, after one
or more prior convictions for an offense punishable under this
chapter, or after one or more prior convictions under the laws of
any State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual contact have become final, is punishable by a term
of imprisonment up to twice that otherwise authorized.'.
(b) AMENDMENT OF SENTENCING GUIDELINES- The Sentencing Commission
shall implement the amendment made by subsection (a) by
promulgating amendments, if appropriate, in the sentencing
guidelines applicable to chapter 109A offenses.
(c) CHAPTER ANALYSIS- The chapter analysis for chapter 109A of
title 18, United States Code, is amended by adding at the end the
following new item:
`2247. Repeat offenders.'.
SEC. 40112. FEDERAL PENALTIES.
(a) AMENDMENT OF SENTENCING GUIDELINES- Pursuant to its authority
under section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall review and amend, where
necessary, its sentencing guidelines on aggravated sexual abuse
under section 2241 of title 18, United States Code, or sexual abuse
under section 2242 of title 18, United States Code, as follows:
(1) The Commission shall review and promulgate amendments to
the guidelines, if appropriate, to enhance penalties if more
than 1 offender is involved in the offense.
(2) The Commission shall review and promulgate amendments to
the guidelines, if appropriate, to reduce unwarranted
disparities between the sentences for sex offenders who are
known to the victim and sentences for sex offenders who are not
known to the victim.
(3) The Commission shall review and promulgate amendments to
the guidelines to enhance penalties, if appropriate, to render
Federal penalties on Federal territory commensurate with
penalties for similar offenses in the States.
(4) The Commission shall review and promulgate amendments to
the guidelines, if appropriate, to account for the general
problem of recidivism in cases of sex offenses, the severity of
the offense, and its devastating effects on survivors.
(b) REPORT- Not later than 180 days after the date of enactment
of this Act, the United States Sentencing Commission shall review
and submit to Congress a report containing an analysis of Federal
rape sentencing, accompanied by comment from independent experts in
the field, describing--
(1) comparative Federal sentences for cases in which the rape
victim is known to the defendant and cases in which the rape
victim is not known to the defendant;
(2) comparative Federal sentences for cases on Federal
territory and sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on
populations residing primarily on Federal territory relative to
the impact of other Federal offenses in which the existence of
Federal jurisdiction depends upon the offense's being committed
on Federal territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) SEXUAL ABUSE-
(1) IN GENERAL- Chapter 109A of title 18, United States Code,
is amended by adding at the end the following new section:
`Sec. 2248. Mandatory restitution
`(a) IN GENERAL- Notwithstanding section 3663, and in addition to
any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
`(b) SCOPE AND NATURE OF ORDER-
`(1) DIRECTIONS- The order of restitution under this section
shall direct that--
`(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the
victim's losses as determined by the court, pursuant to
paragraph (3); and
`(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
`(2) ENFORCEMENT BY VICTIM- An order of restitution also may
be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
`(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs
incurred by the victim for--
`(A) medical services relating to physical, psychiatric,
or psychological care;
`(B) physical and occupational therapy or rehabilitation;
`(C) necessary transportation, temporary housing, and
child care expenses;
`(D) lost income;
`(E) attorneys' fees, plus any costs incurred in
obtaining a civil protection order; and
`(F) any other losses suffered by the victim as a
proximate result of the offense.
`(4) ORDER MANDATORY- (A) The issuance of a restitution order
under this section is mandatory.
`(B) A court may not decline to issue an order under this
section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
`(C)(i) Notwithstanding subparagraph (A), the court may take
into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to
which the restitution is to be paid.
`(ii) For purposes of this subparagraph, the term `economic
circumstances' includes--
`(I) the financial resources and other assets of the
defendant;
`(II) projected earnings, earning capacity, and other
income of the defendant; and
`(III) any financial obligations of the defendant,
including obligations to dependents.
`(D) Subparagraph (A) does not apply if--
`(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
`(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
`(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
`(6) MORE THAN 1 VICTIM- When the court finds that more than
1 victim has sustained a loss requiring restitution by an
offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect the
economic circumstances of each victim.
`(7) PAYMENT SCHEDULE- An order under this section may direct
the defendant to make a single lump-sum payment or partial
payments at specified intervals.
`(8) SETOFF- Any amount paid to a victim under this section
shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided
by the law of the State.
`(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance of
a restitution order shall not affect the entitlement of a
victim to receive compensation with respect to a loss from
insurance or any other source until the payments actually
received by the victim under the restitution order fully
compensate the victim for the loss.
`(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release of
a defendant. If an offender fails to comply with a restitution
order, the court may, after a hearing, revoke probation or a
term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the
defendant in contempt pursuant to section 3583(e). In
determining whether to revoke probation or a term of supervised
release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of
supervised release in contempt, the court shall consider the
defendant's employment status, earning ability and financial
resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on
the defendant's ability to comply.
`(c) PROOF OF CLAIM-
`(1) AFFIDAVIT- Within 60 days after conviction and, in any
event, not later than 10 days prior to sentencing, the United
States Attorney (or the United States Attorney's delegee),
after consulting with the victim, shall prepare and file an
affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed
by the United States Attorney (or the United States Attorney's
delegee) and the victim. Should the victim object to any of the
information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise
the victim that the victim may file a separate affidavit and
shall provide the victim with an affidavit form which may be
used to do so.
`(2) OBJECTION- If, after the defendant has been notified of
the affidavit, no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to
paragraph (1) shall be entered in the court's restitution
order. If objection is raised, the court may require the victim
or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting
documents, demonstrating the victim's losses.
`(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity of
the records submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in
camera.
`(4) FINAL DETERMINATION OF LOSSES- If the victim's losses
are not ascertainable by the date that is 10 days prior to
sentencing as provided in paragraph (1), the United States
Attorney (or the United States Attorney's delegee) shall so
inform the court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those
losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in
the initial claim for restitutionary relief.
`(d) MODIFICATION OF ORDER- A victim or the offender may petition
the court at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the offender.
`(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may
refer any issue arising in connection with a proposed order of
restitution to a magistrate or special master for proposed findings
of fact and recommendations as to disposition, subject to a de novo
determination of the issue by the court.
`(f) DEFINITION- For purposes of this section, the term `victim'
means the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is under
18 years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by
the court, but in no event shall the defendant be named as such
representative or guardian.'.
(2) TECHNICAL AMENDMENT- The chapter analysis for chapter
109A of title 18, United States Code, is amended by adding at
the end the following new item:
`2248. Mandatory restitution.'.
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN-
(1) IN GENERAL- Chapter 110 of title 18, United States Code,
is amended by adding at the end the following new section:
`Sec. 2259. Mandatory restitution
`(a) IN GENERAL- Notwithstanding section 3663, and in addition to
any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
`(b) SCOPE AND NATURE OF ORDER-
`(1) DIRECTIONS- The order of restitution under this section
shall direct that--
`(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the
victim's losses as determined by the court, pursuant to
paragraph (3); and
`(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
`(2) ENFORCEMENT BY VICTIM- An order of restitution may also
be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
`(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs
incurred by the victim for--
`(A) medical services relating to physical, psychiatric,
or psychological care;
`(B) physical and occupational therapy or rehabilitation;
`(C) necessary transportation, temporary housing, and
child care expenses;
`(D) lost income;
`(E) attorneys' fees, as well as other costs incurred; and
`(F) any other losses suffered by the victim as a
proximate result of the offense.
`(4) ORDER MANDATORY- (A) The issuance of a restitution order
under this section is mandatory.
`(B) A court may not decline to issue an order under this
section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
`(C)(i) Notwithstanding subparagraph (A), the court may take
into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to
which the restitution is to be paid.
`(ii) For purposes of this subparagraph, the term `economic
circumstances' includes--
`(I) the financial resources and other assets of the
defendant;
`(II) projected earnings, earning capacity, and other
income of the defendant; and
`(III) any financial obligations of the defendant,
including obligations to dependents.
`(D) Subparagraph (A) does not apply if--
`(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
`(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
`(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
`(6) MORE THAN 1 VICTIM- When the court finds that more than
1 victim has sustained a loss requiring restitution by an
offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect the
economic circumstances of each victim.
`(7) PAYMENT SCHEDULE- An order under this section may direct
the defendant to make a single lump-sum payment or partial
payments at specified intervals.
`(8) SETOFF- Any amount paid to a victim under this section
shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided
by the law of the State.
`(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance of
a restitution order shall not affect the entitlement of a
victim to receive compensation with respect to a loss from
insurance or any other source until the payments actually
received by the victim under the restitution order fully
compensate the victim for the loss.
`(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release of
a defendant. If an offender fails to comply with a restitution
order, the court may, after a hearing, revoke probation or a
term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the
defendant in contempt pursuant to section 3583(e). In
determining whether to revoke probation or a term of supervised
release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of
supervised release in contempt, the court shall consider the
defendant's employment status, earning ability and financial
resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on
the defendant's ability to comply.
`(c) PROOF OF CLAIM-
`(1) AFFIDAVIT- Within 60 days after conviction and, in any
event, not later than 10 days prior to sentencing, the United
States Attorney (or the United States Attorney's delegee),
after consulting with the victim, shall prepare and file an
affidavit with the court listing the amounts subject to
restitution under this section. The affidavit shall be signed
by the United States Attorney (or the United States Attorney's
delegee) and the victim. Should the victim object to any of the
information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise
the victim that the victim may file a separate affidavit and
shall provide the victim with an affidavit form which may be
used to do so.
`(2) OBJECTION- If, after the defendant has been notified of
the affidavit, no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to
paragraph (1) shall be entered in the court's restitution
order. If objection is raised, the court may require the victim
or the United States Attorney (or the United States Attorney's
delegee) to submit further affidavits or other supporting
documents, demonstrating the victim's losses.
`(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a
substantial reason for doubting the authenticity or veracity of
the records submitted, the court may require additional
documentation or hear testimony on those questions. The
privacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent
possible, and such records may be filed or testimony heard in
camera.
`(4) FINAL DETERMINATION OF LOSSES- If the victim's losses
are not ascertainable by the date that is 10 days prior to
sentencing as provided in paragraph (1), the United States
Attorney (or the United States Attorney's delegee) shall so
inform the court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those
losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in
the initial claim for restitutionary relief.
`(d) MODIFICATION OF ORDER- A victim or the offender may petition
the court at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the offender.
`(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may
refer any issue arising in connection with a proposed order of
restitution to a magistrate or special master for proposed findings
of fact and recommendations as to disposition, subject to a de novo
determination of the issue by the court.
`(f) DEFINITION- For purposes of this section, the term `victim'
means the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is under
18 years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by
the court, but in no event shall the defendant be named as such
representative or guardian.'.
(2) TECHNICAL AMENDMENT- The chapter analysis for chapter 110
of title 18, United States Code, is amended by adding at the
end the following new item:
`2259. Mandatory restitution.'.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There are authorized to be appropriated for the United States
Attorneys for the purpose of appointing Victim/Witness Counselors
for the prosecution of sex crimes and domestic violence crimes
where applicable (such as the District of Columbia)--
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
[BOLD->] CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO
REDUCE VIOLENT CRIMES AGAINST WOMEN [<-BOLD]
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
32101(a), is amended--
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
`PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
`(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to
assist States, Indian tribal governments, and units of local
government to develop and strengthen effective law enforcement and
prosecution strategies to combat violent crimes against women, and
to develop and strengthen victim services in cases involving
violent crimes against women.
`(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this
part shall provide personnel, training, technical assistance, data
collection and other equipment for the more widespread
apprehension, prosecution, and adjudication of persons committing
violent crimes against women, and specifically, for the purposes of--
`(1) training law enforcement officers and prosecutors to
more effectively identify and respond to violent crimes against
women, including the crimes of sexual assault and domestic
violence;
`(2) developing, training, or expanding units of law
enforcement officers and prosecutors specifically targeting
violent crimes against women, including the crimes of sexual
assault and domestic violence;
`(3) developing and implementing more effective police and
prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and responding
to violent crimes against women, including the crimes of sexual
assault and domestic violence;
`(4) developing, installing, or expanding data collection and
communication systems, including computerized systems, linking
police, prosecutors, and courts or for the purpose of
identifying and tracking arrests, protection orders, violations
of protection orders, prosecutions, and convictions for violent
crimes against women, including the crimes of sexual assault
and domestic violence;
`(5) developing, enlarging, or strengthening victim services
programs, including sexual assault and domestic violence
programs, developing or improving delivery of victim services
to racial, cultural, ethnic, and language minorities, providing
specialized domestic violence court advocates in courts where a
significant number of protection orders are granted, and
increasing reporting and reducing attrition rates for cases
involving violent crimes against women, including crimes of
sexual assault and domestic violence;
`(6) developing, enlarging, or strengthening programs
addressing stalking; and
`(7) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes in
dealing with violent crimes against women, including the crimes
of sexual assault and domestic violence.
`SEC. 2002. STATE GRANTS.
`(a) GENERAL GRANTS- The Attorney General may make grants to
States, for use by States, units of local government, nonprofit
nongovernmental victim services programs, and Indian tribal
governments for the purposes described in section 2001(b).
`(b) AMOUNTS- Of the amounts appropriated for the purposes of
this part--
`(1) 4 percent shall be available for grants to Indian tribal
governments;
`(2) $500,000 shall be available for grants to applicants in
each State; and
`(3) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same ratio
to the amount of remaining funds as the population of the State
bears to the population of all of the States that results from
a distribution among the States on the basis of each State's
population in relation to the population of all States (not
including populations of Indian tribes).
`(c) QUALIFICATION- Upon satisfying the terms of subsection (d),
any State shall be qualified for funds provided under this part
upon certification that--
`(1) the funds shall be used for any of the purposes
described in section 2001(b);
`(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with nonprofit,
nongovernmental victim services programs, including sexual
assault and domestic violence victim services programs;
`(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following 3
areas: prosecution, law enforcement, and victim services; and
`(4) any Federal funds received under this part shall be used
to supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this subtitle.
`(d) APPLICATION REQUIREMENTS- The application requirements
provided in section 513 shall apply to grants made under this part.
In addition, each application shall include the certifications of
qualification required by subsection (c), including documentation
from nonprofit, nongovernmental victim services programs,
describing their participation in developing the plan required by
subsection (c)(2). An application shall include--
`(1) documentation from the prosecution, law enforcement,
and victim services programs to be assisted, demonstrating--
`(A) need for the grant funds;
`(B) intended use of the grant funds;
`(C) expected results from the use of grant funds; and
`(D) demographic characteristics of the populations to be
served, including age, marital status, disability, race,
ethnicity and language background;
`(2) proof of compliance with the requirements for the
payment of forensic medical exams provided in section 2005; and
`(3) proof of compliance with the requirements for paying
filing and service fees for domestic violence cases provided in
section 2006.
`(e) DISBURSEMENT-
`(1) IN GENERAL- Not later than 60 days after the receipt of
an application under this part, the Attorney General shall--
`(A) disburse the appropriate sums provided for under
this part; or
`(B) inform the applicant why the application does not
conform to the terms of section 513 or to the requirements
of this section.
`(2) REGULATIONS- In disbursing monies under this part, the
Attorney General shall issue regulations to ensure that States
will--
`(A) give priority to areas of varying geographic size
with the greatest showing of need based on the availability
of existing domestic violence and sexual assault programs
in the population and geographic area to be served in
relation to the availability of such programs in other such
populations and geographic areas;
`(B) determine the amount of subgrants based on the
population and geographic area to be served;
`(C) equitably distribute monies on a geographic basis
including nonurban and rural areas of various geographic
sizes; and
`(D) recognize and address the needs of underserved
populations.
`(f) FEDERAL SHARE- The Federal share of a grant made under this
subtitle may not exceed 75 percent of the total costs of the
projects described in the application submitted.
`(g) INDIAN TRIBES- Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or of the
Bureau of Indian Affairs performing law enforcement functions on
any Indian lands may be used to provide the non-Federal share of
the cost of programs or projects funded under this part.
`(h) GRANTEE REPORTING-
`(1) IN GENERAL- Upon completion of the grant period under
this part, a State or Indian tribal grantee shall file a
performance report with the Attorney General explaining the
activities carried out, which report shall include an
assessment of the effectiveness of those activities in
achieving the purposes of this part.
`(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES- A section of
the performance report shall be completed by each grantee and
subgrantee that performed the direct services contemplated in
the application, certifying performance of direct services
under the grant.
`(3) SUSPENSION OF FUNDING- The Attorney General shall
suspend funding for an approved application if--
`(A) an applicant fails to submit an annual performance
report;
`(B) funds are expended for purposes other than those
described in this part; or
`(C) a report under paragraph (1) or accompanying
assessments demonstrate to the Attorney General that the
program is ineffective or financially unsound.
`SEC. 2003. DEFINITIONS.
`In this part--
`(1) the term `domestic violence' includes felony or
misdemeanor crimes of violence committed by a current or former
spouse of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, by a person similarly
situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by
any other adult person against a victim who is protected from
that person's acts under the domestic or family violence laws
of the jurisdiction receiving grant monies;
`(2) the term `Indian country' has the meaning stated in
section 1151 of title 18, United States Code;
`(3) the term `Indian tribe' means a tribe, band, pueblo,
nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village
corporation (as defined in, or established pursuant to, the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians;
`(4) the term `law enforcement' means a public agency charged
with policing functions, including any of its component bureaus
(such as governmental victim services programs);
`(5) the term `prosecution' means any public agency charged
with direct responsibility for prosecuting criminal offenders,
including such agency's component bureaus (such as
governmental victim services programs);
`(6) the term `sexual assault' means any conduct proscribed
by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal prison and
includes both assaults committed by offenders who are strangers
to the victim and assaults committed by offenders who are known
or related by blood or marriage to the victim;
`(7) the term `underserved populations' includes populations
underserved because of geographic location (such as rural
isolation), underserved racial or ethnic populations, and
populations underserved because of special needs, such as
language barriers or physical disabilities; and
`(8) the term `victim services' means a nonprofit,
nongovernmental organization that assists domestic violence or
sexual assault victims, including rape crisis centers, battered
women's shelters, and other sexual assault or domestic
violence programs, including nonprofit, nongovernmental
organizations assisting domestic violence or sexual assault
victims through the legal process.
`SEC. 2004. GENERAL TERMS AND CONDITIONS.
`(a) NONMONETARY ASSISTANCE- In addition to the assistance
provided under this part, the Attorney General may request any
Federal agency to use its authorities and the resources granted to
it under Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in
support of State, tribal, and local assistance efforts.
`(b) REPORTING- Not later than 180 days after the end of each
fiscal year for which grants are made under this part, the Attorney
General shall submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the Senate
a report that includes, for each State and for each grantee Indian
tribe--
`(1) the number of grants made and funds distributed under
this part;
`(2) a summary of the purposes for which those grants were
provided and an evaluation of their progress;
`(3) a statistical summary of persons served, detailing the
nature of victimization, and providing data on age, sex,
relationship of victim to offender, geographic distribution,
race, ethnicity, language, and disability; and
`(4) an evaluation of the effectiveness of programs funded
under this part.
`(c) REGULATIONS OR GUIDELINES- Not later than 120 days after the
date of enactment of this part, the Attorney General shall publish
proposed regulations or guidelines implementing this part. Not
later than 180 days after the date of enactment, the Attorney
General shall publish final regulations or guidelines implementing
this part.
`SEC. 2005. RAPE EXAM PAYMENTS.
`(a) RESTRICTION OF FUNDS-
`(1) IN GENERAL- A State, Indian tribal government, or unit
of local government, shall not be entitled to funds under this
part unless the State, Indian tribal government, unit of local
government, or another governmental entity incurs the full
out-of-pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.
`(2) REDISTRIBUTION- Funds withheld from a State or unit of
local government under paragraph (1) shall be distributed to
other States or units of local government pro rata. Funds
withheld from an Indian tribal government under paragraph (1)
shall be distributed to other Indian tribal governments pro rata.
`(b) MEDICAL COSTS- A State, Indian tribal government, or unit of
local government shall be deemed to incur the full out-of-pocket
cost of forensic medical exams for victims of sexual assault if any
government entity--
`(1) provides such exams to victims free of charge to the
victim;
`(2) arranges for victims to obtain such exams free of charge
to the victims; or
`(3) reimburses victims for the cost of such exams if--
`(A) the reimbursement covers the full cost of such
exams, without any deductible requirement or limit on the
amount of a reimbursement;
`(B) the reimbursing governmental entity permits victims
to apply for reimbursement for not less than one year from
the date of the exam;
`(C) the reimbursing governmental entity provides
reimbursement not later than 90 days after written
notification of the victim's expense; and
`(D) the State, Indian tribal government, unit of local
government, or reimbursing governmental entity provides
information at the time of the exam to all victims,
including victims with limited or no English proficiency,
regarding how to obtain reimbursement.
`SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
`(a) IN GENERAL- A State, Indian tribal government, or unit of
local government, shall not be entitled to funds under this part
unless the State, Indian tribal government, or unit of local
government--
`(1) certifies that its laws, policies, and practices do not
require, in connection with the prosecution of any misdemeanor
or felony domestic violence offense, that the abused bear the
costs associated with the filing of criminal charges against
the domestic violence offender, or the costs associated with
the issuance or service of a warrant, protection order, or
witness subpoena; or
`(2) gives the Attorney General assurances that its laws,
policies and practices will be in compliance with the
requirements of paragraph (1) within the later of--
`(A) the period ending on the date on which the next
session of the State legislature ends; or
`(B) 2 years.
`(b) REDISTRIBUTION- Funds withheld from a State, unit of local
government, or Indian tribal government under subsection (a) shall
be distributed to other States, units of local government, and
Indian tribal government, respectively, pro rata.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 32101(b), is amended by striking
the matter relating to part T and inserting the following:
`PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`Sec. 2001. Purpose of the program and grants.
`Sec. 2002. State grants.
`Sec. 2003. General definitions.
`Sec. 2004. General terms and conditions.
`Sec. 2005. Rape exam payments.
`Sec. 2006. Filing costs for criminal charges.
`PART U--TRANSITION--EFFECTIVE DATE--REPEALER
`Sec. 2101. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 32101(d), is amended--
(1) in paragraph (3) by striking `and S' and inserting `S,
and T'; and
(2) by adding at the end the following new paragraph:
`(18) There are authorized to be appropriated to carry out part T--
`(A) $26,000,000 for fiscal year 1995;
`(B) $130,000,000 for fiscal year 1996;
`(C) $145,000,000 for fiscal year 1997;
`(D) $160,000,000 for fiscal year 1998;
`(E) $165,000,000 for fiscal year 1999; and
`(F) $174,000,000 for fiscal year 2000.'.
[BOLD->] CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
PARKS [<-BOLD]
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN
PUBLIC TRANSPORTATION.
(a) GENERAL PURPOSE- There is authorized to be appropriated not
to exceed $10,000,000, for the Secretary of Transportation
(referred to in this section as the `Secretary') to make capital
grants for the prevention of crime and to increase security in
existing and future public transportation systems. None of the
provisions of this Act may be construed to prohibit the financing
of projects under this section where law enforcement
responsibilities are vested in a local public body other than the
grant applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES-
(1) From the sums authorized for expenditure under this
section for crime prevention, the Secretary is authorized to
make grants and loans to States and local public bodies or
agencies for the purpose of increasing the safety of public
transportation by--
(A) increasing lighting within or adjacent to public
transportation systems, including bus stops, subway
stations, parking lots, or garages;
(B) increasing camera surveillance of areas within and
adjacent to public transportation systems, including bus
stops, subway stations, parking lots, or garages;
(C) providing emergency phone lines to contact law
enforcement or security personnel in areas within or
adjacent to public transportation systems, including bus
stops, subway stations, parking lots, or garages; or
(D) any other project intended to increase the security
and safety of existing or planned public transportation
systems.
(2) From the sums authorized under this section, at least 75
percent shall be expended on projects of the type described in
subsection (b)(1) (A) and (B).
(c) REPORTING- All grants under this section are contingent upon
the filing of a report with the Secretary and the Department of
Justice, Office of Victims of Crime, showing crime rates in or
adjacent to public transportation before, and for a 1-year period
after, the capital improvement. Statistics shall be compiled on the
basis of the type of crime, sex, race, ethnicity, language, and
relationship of victim to the offender.
(d) INCREASED FEDERAL SHARE- Notwithstanding any other provision
of law, the Federal share under this section for each capital
improvement project that enhances the safety and security of public
transportation systems and that is not required by law (including
any other provision of this Act) shall be 90 percent of the net
project cost of the project.
(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR
WOMEN- From the sums authorized under this section, the Secretary
shall provide grants and loans for the purpose of studying ways to
reduce violent crimes against women in public transit through
better design or operation of public transit systems.
(f) GENERAL REQUIREMENTS- All grants or loans provided under this
section shall be subject to the same terms, conditions,
requirements, and provisions applicable to grants and loans as
specified in section 5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN
NATIONAL PARKS.
Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding
at the end the following new section:
`SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
`(a) AVAILABILITY OF FUNDS- There are authorized to be
appropriated out of the Violent Crime Reduction Trust Fund, not to
exceed $10,000,000, for the Secretary of the Interior to take all
necessary actions to seek to reduce the incidence of violent crime
in the National Park System.
`(b) RECOMMENDATIONS FOR IMPROVEMENT- The Secretary shall direct
the chief official responsible for law enforcement within the
National Park Service to--
`(1) compile a list of areas within the National Park System
with the highest rates of violent crime;
`(2) make recommendations concerning capital improvements,
and other measures, needed within the National Park System to
reduce the rates of violent crime, including the rate of sexual
assault; and
`(3) publish the information required by paragraphs (1) and
(2) in the Federal Register.
`(c) DISTRIBUTION OF FUNDS- Based on the recommendations and list
issued pursuant to subsection (b), the Secretary shall distribute
the funds authorized by subsection (a) throughout the National Park
System. Priority shall be given to those areas with the highest
rates of sexual assault.
`(d) USE OF FUNDS- Funds provided under this section may be used--
`(1) to increase lighting within or adjacent to National Park
System units;
`(2) to provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent
to National Park System units;
`(3) to increase security or law enforcement personnel within
or adjacent to National Park System units; or
`(4) for any other project intended to increase the security
and safety of National Park System units.'.
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN
PUBLIC PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460 [Italic->] l [<-Italic] -8) is amended by adding at the
end the following new subsection:
`(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME-
`(1) AVAILABILITY OF FUNDS- In addition to assistance for
planning projects, and in addition to the projects identified
in subsection (e), and from amounts appropriated out of the
Violent Crime Reduction Trust Fund, the Secretary may provide
financial assistance to the States, not to exceed $15,000,000,
for projects or combinations thereof for the purpose of making
capital improvements and other measures to increase safety in
urban parks and recreation areas, including funds to--
`(A) increase lighting within or adjacent to public parks
and recreation areas;
`(B) provide emergency phone lines to contact law
enforcement or security personnel in areas within or
adjacent to public parks and recreation areas;
`(C) increase security personnel within or adjacent to
public parks and recreation areas; and
`(D) fund any other project intended to increase the
security and safety of public parks and recreation areas.
`(2) ELIGIBILITY- In addition to the requirements for project
approval imposed by this section, eligibility for assistance
under this subsection shall be dependent upon a showing of
need. In providing funds under this subsection, the Secretary
shall give priority to projects proposed for urban parks and
recreation areas with the highest rates of crime and, in
particular, to urban parks and recreation areas with the
highest rates of sexual assault.
`(3) FEDERAL SHARE- Notwithstanding subsection (c), the
Secretary may provide 70 percent improvement grants for
projects undertaken by any State for the purposes described in
this subsection, and the remaining share of the cost shall be
borne by the State.'.
[BOLD->] CHAPTER 4--NEW EVIDENTIARY RULES [<-BOLD]
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) MODIFICATION OF PROPOSED AMENDMENT- The proposed amendments
to the Federal Rules of Evidence that are embraced by an order
entered by the Supreme Court of the United States on April 29,
1994, shall take effect on December 1, 1994, as otherwise provided
by law, but with the amendment made by subsection (b).
(b) RULE- Rule 412 of the Federal Rules of Evidence is amended
to read as follows:
`Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past
Sexual Behavior or Alleged Sexual Predisposition
`(a) EVIDENCE GENERALLY INADMISSIBLE- The following evidence is
not admissible in any civil or criminal proceeding involving
alleged sexual misconduct except as provided in subdivisions (b)
and (c):
`(1) Evidence offered to prove that any alleged victim
engaged in other sexual behavior.
`(2) Evidence offered to prove any alleged victim's sexual
predisposition.
`(b) EXCEPTIONS-
`(1) In a criminal case, the following evidence is
admissible, if otherwise admissible under these rules:
`(A) evidence of specific instances of sexual behavior by
the alleged victim offered to prove that a person other
than the accused was the source of semen, injury or other
physical evidence;
`(B) evidence of specific instances of sexual behavior by
the alleged victim with respect to the person accused of
the sexual misconduct offered by the accused to prove
consent or by the prosecution; and
`(C) evidence the exclusion of which would violate the
constitutional rights of the defendant.
`(2) In a civil case, evidence offered to prove the sexual
behavior or sexual predisposition of any alleged victim is
admissible if it is otherwise admissible under these rules and
its probative value substantially outweighs the danger of harm
to any victim and of unfair prejudice to any party. Evidence
of an alleged victim's reputation is admissible only if it has
been placed in controversy by the alleged victim.
`(c) PROCEDURE TO DETERMINE ADMISSIBILITY-
`(1) A party intending to offer evidence under subdivision
(b) must--
`(A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the
purpose for which it is offered unless the court, for good
cause requires a different time for filing or permits
filing during trial; and
`(B) serve the motion on all parties and notify the
alleged victim or, when appropriate, the alleged victim's
guardian or representative.
`(2) Before admitting evidence under this rule the court must
conduct a hearing in camera and afford the victim and parties a
right to attend and be heard. The motion, related papers, and
the record of the hearing must be sealed and remain under seal
unless the court orders otherwise.'.
(c) TECHNICAL AMENDMENT- The table of contents for the Federal
Rules of Evidence is amended by amending the item relating to rule
412 to read as follows:
`412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition:
`(a) Evidence generally inadmissible.
`(b) Exceptions.
`(c) Procedure to determine admissibility.'.
[BOLD->] CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
[<-BOLD]
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL
ASSAULTS AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services Act
(42 U.S.C. 300w et seq.) is amended by adding at the end the
following new section:
`SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
`(a) PERMITTED USE- Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for
rape prevention and education programs conducted by rape crisis
centers or similar nongovernmental nonprofit entities for--
`(1) educational seminars;
`(2) the operation of hotlines;
`(3) training programs for professionals;
`(4) the preparation of informational materials; and
`(5) other efforts to increase awareness of the facts about,
or to help prevent, sexual assault, including efforts to
increase awareness in underserved racial, ethnic, and language
minority communities.
`(b) TARGETING OF EDUCATION PROGRAMS- States providing grant
monies must ensure that at least 25 percent of the monies are
devoted to education programs targeted for middle school, junior
high school, and high school students.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $35,000,000 for fiscal year 1996;
`(2) $35,000,000 for fiscal year 1997;
`(3) $45,000,000 for fiscal year 1998;
`(4) $45,000,000 for fiscal year 1999; and
`(5) $45,000,000 for fiscal year 2000.
`(d) LIMITATION- Funds authorized under this section may only be
used for providing rape prevention and education programs.
`(e) DEFINITION- For purposes of this section, the term `rape
prevention and education' includes education and prevention efforts
directed at offenses committed by offenders who are not known to
the victim as well as offenders who are known to the victim.
`(f) TERMS- The Secretary shall make allotments to each State on
the basis of the population of the State, and subject to the
conditions provided in this section and sections 1904 through 1909.'.
SEC. 40152. TRAINING PROGRAMS.
(a) IN GENERAL- The Attorney General, after consultation with
victim advocates and individuals who have expertise in treating sex
offenders, shall establish criteria and develop training programs
to assist probation and parole officers and other personnel who
work with released sex offenders in the areas of--
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS- The Attorney General shall ensure, to the
extent practicable, that training programs developed under
subsection (a) are available in geographically diverse locations
throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL
ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
(a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION- The Attorney
General shall--
(1) study and evaluate the manner in which the States have
taken measures to protect the confidentiality of communications
between sexual assault or domestic violence victims and their
therapists or trained counselors;
(2) develop model legislation that will provide the maximum
protection possible for the confidentiality of such
communications, within any applicable constitutional limits,
taking into account the following factors:
(A) the danger that counseling programs for victims of
sexual assault and domestic violence will be unable to
achieve their goal of helping victims recover from the
trauma associated with these crimes if there is no
assurance that the records of the counseling sessions will
be kept confidential;
(B) consideration of the appropriateness of an absolute
privilege for communications between victims of sexual
assault or domestic violence and their therapists or
trained counselors, in light of the likelihood that such an
absolute privilege will provide the maximum guarantee of
confidentiality but also in light of the possibility that
such an absolute privilege may be held to violate the
rights of criminal defendants under the Federal or State
constitutions by denying them the opportunity to obtain
exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure
of confidential communications between victims of these
crimes and their counselors, short of an absolute
privilege, are most likely to ensure that the counseling
programs will not be undermined, and specifically whether
no such disclosure should be allowed unless, at a minimum,
there has been a particularized showing by a criminal
defendant of a compelling need for records of such
communications, and adequate procedural safeguards are in
place to prevent unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the findings
made and model legislation developed as a result of the study
and evaluation.
(b) REPORT AND RECOMMENDATIONS- Not later than the date that is 1
year after the date of enactment of this Act, the Attorney General
shall report to the Congress--
(1) the findings of the study and the model legislation
required by this section; and
(2) recommendations based on the findings on the need for and
appropriateness of further action by the Federal Government.
(c) REVIEW OF FEDERAL EVIDENTIARY RULES- The Judicial Conference
of the United States shall evaluate and report to Congress its
views on whether the Federal Rules of Evidence should be amended,
and if so, how they should be amended, to guarantee that the
confidentiality of communications between sexual assault victims
and their therapists or trained counselors will be adequately
protected in Federal court proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex
offender treatment programs and ensure that information regarding
community treatment programs in the community into which a
convicted sex offender is released is made available to each person
serving a sentence of imprisonment in a Federal penal or
correctional institution for a commission of an offense under
chapter 109A of title 18, United States Code, or for the commission
of a similar offense, including halfway houses and psychiatric
institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE
OF RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et
seq.) is amended--
(1) by redesignating sections 316 and 317 as sections 317 and
318, respectively; and
(2) by inserting after section 315 the following new section:
`GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
`SEC. 316. (a) IN GENERAL- The Secretary shall make grants under
this section to private, nonprofit agencies for street-based
outreach and education, including treatment, counseling, provision
of information, and referral for runaway, homeless, and street
youth who have been subjected to or are at risk of being subjected
to sexual abuse.
`(b) PRIORITY- In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that
have experience in providing services to runaway, homeless, and
street youth.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $7,000,000 for fiscal year 1996;
`(2) $8,000,000 for fiscal year 1997; and
`(3) $15,000,000 for fiscal year 1998.
`(d) DEFINITIONS- For the purposes of this section--
`(1) the term `street-based outreach and education' includes
education and prevention efforts directed at offenses committed
by offenders who are not known to the victim as well as
offenders who are known to the victim; and
`(2) the term `street youth' means a juvenile who spends a
significant amount of time on the street or in other areas of
exposure to encounters that may lead to sexual abuse.'.
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM-
(1) REAUTHORIZATION- Section 218(a) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to read as
follows:
`(a) AUTHORIZATION- There are authorized to be appropriated to
carry out this subtitle--
`(1) $6,000,000 for fiscal year 1996;
`(2) $6,000,000 for fiscal year 1997;
`(3) $7,000,000 for fiscal year 1998;
`(4) $9,000,000 for fiscal year 1999; and
`(5) $10,000,000 for fiscal year 2000.'.
(2) TECHNICAL AMENDMENT- Section 216 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13012) is amended by striking
`this chapter' and inserting `this subtitle'.
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS-
(1) REAUTHORIZATION- Section 224(a) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to read as
follows:
`(a) AUTHORIZATION- There are authorized to be appropriated to
carry out this subtitle--
`(1) $750,000 for fiscal year 1996;
`(2) $1,000,000 for fiscal year 1997;
`(3) $2,000,000 for fiscal year 1998;
`(4) $2,000,000 for fiscal year 1999; and
`(5) $2,300,000 for fiscal year 2000.'.
(2) TECHNICAL AMENDMENT- Section 221(b) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by
striking `this chapter' and inserting `this subtitle'.
(c) GRANTS FOR TELEVISED TESTIMONY- Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to
read as follows:
`(7) There are authorized to be appropriated to carry out part N--
`(A) $250,000 for fiscal year 1996;
`(B) $1,000,000 for fiscal year 1997;
`(C) $1,000,000 for fiscal year 1998;
`(D) $1,000,000 for fiscal year 1999; and
`(E) $1,000,000 for fiscal year 2000.';
(2) in section 1402 (42 U.S.C. 3796aa-1) by striking `to
States, for the use of States and units of local government in
the States';
(3) in section 1403 (42 U.S.C. 3796aa-2)--
(A) by inserting `or unit of local government' after `of
a State';
(B) by inserting `and' after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the end
and inserting a period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)--
(A) in subsection (a)--
(i) by striking `The Bureau' and all that follows
through `determining that' and inserting `An applicant
is eligible to receive a grant under this part if--';
(ii) in paragraph (1) by striking `there is in effect
in such State' and inserting `the applicant certifies
and the Director determines that there is in effect in
the State';
(iii) in paragraph (2) by striking `such State law
shall meet' and inserting `the applicant certifies and
the Director determines that State law meets';
(iv) by inserting `and' after subparagraph (E);
(v) in paragraph (3)--
(I) by inserting `the Director determines that' before `the
application'; and
(II) by striking `; and' and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking `Each application' and inserting
the following:
`(b) Each application'; and
(viii) by striking `the Bureau' each place it appears
and inserting `the Director'; and
(B) by redesignating subsection (b) as subsection (c) and
by striking `The Bureau' and inserting `The Director';
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)--
(A) in subsection (a)--
(i) by striking `State which' and inserting `State or
unit of local government that';
(ii) by striking `title' and inserting `part'; and
(iii) in paragraph (1) by striking `State'; and
(B) in subsection (b)(1) by striking `such State' and
inserting `the State and units of local government in the
State';
(7) in section 1407 (42 U.S.C. 3796aa-6)--
(A) in subsection (c)--
(i) by striking `Each State' and all that follows
through `effective audit' and inserting `Grant
recipients (or private organizations with which grant
recipients have contracted to provide equipment or
training using grant funds) shall keep such records as
the Director may require by rule to facilitate such an
audit.'; and
(ii) in paragraph (2) by striking `States which
receive grants, and of units of local government which
receive any part of a grant made under this part' and
inserting `grant recipients (or private organizations
with which grant recipients have contracted to provide
equipment or training using grant funds)'; and
(B) by adding at the end the following new subsection:
`(d) UTILIZATION OF PRIVATE SECTOR- Nothing in this part shall
prohibit the utilization of any grant funds to contract with a
private organization to provide equipment or training for the
televising of testimony as contemplated by the application
submitted by an applicant.';
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents--
(A) in the item relating to section 1405 by striking
`Allocation and distribution of funds under formula grants'
and inserting `(Repealed)'; and
(B) in the item relating to section 1408 by striking
`State office' and inserting `(Repealed)'.
SUBTITLE B--SAFE HOMES FOR WOMEN
SEC. 40201. SHORT TITLE.
This title may be cited as the `Safe Homes for Women Act of 1994'.
[BOLD->] CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE [<-BOLD]
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401
et seq.) is amended by adding at the end the following new section:
`SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
`(a) IN GENERAL- The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national,
toll-free telephone hotline to provide information and assistance
to victims of domestic violence.
`(b) DURATION- A grant under this section may extend over a
period of not more than 5 years.
`(c) ANNUAL APPROVAL- The provision of payments under a grant
under this section shall be subject to annual approval by the
Secretary and subject to the availability of appropriations for
each fiscal year to make the payments.
`(d) ACTIVITIES- Funds received by an entity under this section
shall be used to establish and operate a national, toll-free
telephone hotline to provide information and assistance to victims
of domestic violence. In establishing and operating the hotline, a
private, nonprofit entity shall--
`(1) contract with a carrier for the use of a toll-free
telephone line;
`(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to
callers on a 24-hour-a-day basis;
`(3) assemble and maintain a current database of information
relating to services for victims of domestic violence to which
callers may be referred throughout the United States, including
information on the availability of shelters that serve battered
women; and
`(4) publicize the hotline to potential users throughout the
United States.
`(e) APPLICATION- A grant may not be made under this section
unless an application for such grant has been approved by the
Secretary. To be approved by the Secretary under this subsection an
application shall--
`(1) contain such agreements, assurances, and information, be
in such form and be submitted in such manner as the Secretary
shall prescribe through notice in the Federal Register;
`(2) include a complete description of the applicant's plan
for the operation of a national domestic violence hotline,
including descriptions of--
`(A) the training program for hotline personnel;
`(B) the hiring criteria for hotline personnel;
`(C) the methods for the creation, maintenance and
updating of a resource database;
`(D) a plan for publicizing the availability of the
hotline;
`(E) a plan for providing service to non-English speaking
callers, including hotline personnel who speak Spanish; and
`(F) a plan for facilitating access to the hotline by
persons with hearing impairments;
`(3) demonstrate that the applicant has nationally recognized
expertise in the area of domestic violence and a record of high
quality service to victims of domestic violence, including a
demonstration of support from advocacy groups, such as domestic
violence State coalitions or recognized national domestic
violence groups;
`(4) demonstrates that the applicant has a commitment to
diversity, and to the provision of services to ethnic, racial,
and non-English speaking minorities, in addition to older
individuals and individuals with disabilities; and
`(5) contain such other information as the Secretary may
require.
`(f) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to
carry out this section--
`(A) $1,000,000 for fiscal year 1995;
`(B) $400,000 for fiscal year 1996;
`(C) $400,000 for fiscal year 1997;
`(D) $400,000 for fiscal year 1998;
`(E) $400,000 for fiscal year 1999; and
`(F) $400,000 for fiscal year 2000.
`(2) AVAILABILITY- Funds authorized to be appropriated under
paragraph (1) shall remain available until expended.'.
[BOLD->] CHAPTER 2--INTERSTATE ENFORCEMENT [<-BOLD]
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) IN GENERAL- Part 1 of title 18, United States Code, is
amended by inserting after chapter 110 the following new chapter:
[BOLD->] `CHAPTER 110A--DOMESTIC VIOLENCE [<-BOLD]
`Sec. 2261. Interstate domestic violence.
`Sec. 2262. Interstate violation of protection order.
`Sec. 2263. Pretrial release of defendant.
`Sec. 2264. Restitution.
`Sec. 2265. Full faith and credit given to protection orders.
`Sec. 2266. Definitions.
`Sec. 2261. Interstate domestic violence
`(a) OFFENSES-
`(1) CROSSING A STATE LINE- A person who travels across a
State line or enters or leaves Indian country with the intent
to injure, harass, or intimidate that person's spouse or
intimate partner, and who, in the course of or as a result of
such travel, intentionally commits a crime of violence and
thereby causes bodily injury to such spouse or intimate
partner, shall be punished as provided in subsection (b).
`(2) CAUSING THE CROSSING OF A STATE LINE- A person who
causes a spouse or intimate partner to cross a State line or to
enter or leave Indian country by force, coercion, duress, or
fraud and, in the course or as a result of that conduct,
intentionally commits a crime of violence and thereby causes
bodily injury to the person's spouse or intimate partner, shall
be punished as provided in subsection (b).
`(b) PENALTIES- A person who violates this section shall be fined
under this title, imprisoned--
`(1) for life or any term of years, if death of the
offender's spouse or intimate partner results;
`(2) for not more than 20 years if permanent disfigurement or
life threatening bodily injury to the offender's spouse or
intimate partner results;
`(3) for not more than 10 years, if serious bodily injury to
the offender's spouse or intimate partner results or if the
offender uses a dangerous weapon during the offense;
`(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter
109A (without regard to whether the offense was committed in
the special maritime and territorial jurisdiction of the United
States or in a Federal prison); and
`(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
`Sec. 2262. Interstate violation of protection order
`(a) OFFENSES-
`(1) CROSSING A STATE LINE- A person who travels across a
State line or enters or leaves Indian country with the intent
to engage in conduct that--
`(A)(i) violates the portion of a protection order that
involves protection against credible threats of violence,
repeated harassment, or bodily injury to the person or
persons for whom the protection order was issued; or
`(ii) would violate subparagraph (A) if the conduct
occurred in the jurisdiction in which the order was issued;
and
`(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
`(2) CAUSING THE CROSSING OF A STATE LINE- A person who
causes a spouse or intimate partner to cross a State line or to
enter or leave Indian country by force, coercion, duress, or
fraud, and, in the course or as a result of that conduct,
intentionally commits an act that injures the person's spouse
or intimate partner in violation of a valid protection order
issued by a State shall be punished as provided in subsection
(b).
`(b) PENALTIES- A person who violates this section shall be fined
under this title, imprisoned--
`(1) for life or any term of years, if death of the
offender's spouse or intimate partner results;
`(2) for not more than 20 years if permanent disfigurement or
life threatening bodily injury to the offender's spouse or
intimate partner results;
`(3) for not more than 10 years, if serious bodily injury to
the offender's spouse or intimate partner results or if the
offender uses a dangerous weapon during the offense;
`(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter
109A (without regard to whether the offense was committed in
the special maritime and territorial jurisdiction of the United
States or in a Federal prison); and
`(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
`Sec. 2263. Pretrial release of defendant
`In any proceeding pursuant to section 3142 for the purpose of
determining whether a defendant charged under this chapter shall be
released pending trial, or for the purpose of determining
conditions of such release, the alleged victim shall be given an
opportunity to be heard regarding the danger posed by the defendant.
`Sec. 2264. Restitution
`(a) IN GENERAL- Notwithstanding section 3663, and in addition to
any other civil or criminal penalty authorized by law, the court
shall order restitution for any offense under this chapter.
`(b) SCOPE AND NATURE OF ORDER-
`(1) DIRECTIONS- The order of restitution under this section
shall direct that--
`(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the
victim's losses as determined by the court, pursuant to
paragraph (3); and
`(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
`(2) ENFORCEMENT BY VICTIM- An order of restitution also may
be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
`(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs
incurred by the victim for--
`(A) medical services relating to physical, psychiatric,
or psychological care;
`(B) physical and occupational therapy or rehabilitation;
`(C) necessary transportation, temporary housing, and
child care expenses;
`(D) lost income;
`(E) attorneys' fees, plus any costs incurred in
obtaining a civil protection order; and
`(F) any other losses suffered by the victim as a
proximate result of the offense.
`(4) ORDER MANDATORY- (A) The issuance of a restitution order
under this section is mandatory.
`(B) A court may not decline to issue an order under this
section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
`(C)(i) Notwithstanding subparagraph (A), the court may take
into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to
which the restitution is to be paid.
`(ii) For purposes of this subparagraph, the term `economic
circumstances' includes--
`(I) the financial resources and other assets of the
defendant;
`(II) projected earnings, earning capacity, and other
income of the defendant; and
`(III) any financial obligations of the defendant,
including obligations to dependents.
`(D) Subparagraph (A) does not apply if--
`(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a
restitution order in the foreseeable future (under any
reasonable schedule of payments); and
`(ii) the court enters in its order the amount of the
victim's losses, and provides a nominal restitution award.
`(5) MORE THAN 1 OFFENDER- When the court finds that more
than 1 offender has contributed to the loss of a victim, the
court may make each offender liable for payment of the full
amount of restitution or may apportion liability among the
offenders to reflect the level of contribution and economic
circumstances of each offender.
`(6) MORE THAN 1 VICTIM- When the court finds that more than
1 victim has sustained a loss requiring restitution by an
offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect the
economic circumstances of each victim.
`(7) PAYMENT SCHEDULE- An order under this section may direct
the defendant to make a single lump-sum payment or partial
payments at specified intervals.
`(8) SETOFF- Any amount paid to a victim under this section
shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in--
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided
by the law of the State.
`(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance of
a restitution order shall not affect the entitlement of a
victim to receive compensation with respect to a loss from
insurance or any other source until the payments actually
received by the victim under the restitution order fully
compensate the victim for the loss.
`(10) CONDITION OF PROBATION OR SUPERVISED RELEASE-
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release of
a defendant. If an offender fails to comply with a restitution
order, the court may, after a hearing, revoke probation or a
term of supervised release, modify the terms or conditions of
probation or a term of supervised release, or hold the
defendant in contempt pursuant to section 3583(e). In
determining whether to revoke probation or a term of supervised
release, modify the terms or conditions of probation or
supervised release or hold a defendant serving a term of
supervised release in contempt, the court shall consider the
defendant's employment status, earning ability and financial
resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on
the defendant's ability to comply.
`(c) AFFIDAVIT- Within 60 days after conviction and, in any
event, not later than 10 days before sentencing, the United States
Attorney (or such Attorney's delegate), after consulting with the
victim, shall prepare and file an affidavit with the court listing
the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the
delegate) and the victim. Should the victim object to any of the
information included in the affidavit, the United States Attorney
(or the delegate) shall advise the victim that the victim may file
a separate affidavit and assist the victim in the preparation of
the affidavit.
`(d) OBJECTION- If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to subsection (a) shall
be entered in the court's restitution order. If objection is
raised, the court may require the victim or the United States
Attorney (or the United States Attorney's delegate) to submit
further affidavits or other supporting documents, demonstrating the
victim's losses.
`(e) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court
concludes, after reviewing the supporting documentation and
considering the defendant's objections, that there is a substantial
reason for doubting the authenticity or veracity of the records
submitted, the court may require additional documentation or hear
testimony on those questions. The privacy of any records filed, or
testimony heard, pursuant to this section, shall be maintained to
the greatest extent possible, and such records may be filed or
testimony heard in camera.
`(f) FINAL DETERMINATION OF LOSSES- If the victim's losses are
not ascertainable 10 days before sentencing as provided in
subsection (c), the United States Attorney (or the United States
Attorney's delegate) shall so inform the court, and the court shall
set a date for the final determination of the victim's losses, not
to exceed 90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 90 days after
discovery of those losses in which to petition the court for an
amended restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses in the
initial claim for restitutionary relief.
`(g) RESTITUTION IN ADDITION TO PUNISHMENT- An award of
restitution to the victim of an offense under this chapter is not a
substitute for imposition of punishment under this chapter.
`Sec. 2265. Full faith and credit given to protection orders
`(a) FULL FAITH AND CREDIT- Any protection order issued that is
consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be
accorded full faith and credit by the court of another State or
Indian tribe (the enforcing State or Indian tribe) and enforced as
if it were the order of the enforcing State or tribe.
`(b) PROTECTION ORDER- A protection order issued by a State or
tribal court is consistent with this subsection if--
`(1) such court has jurisdiction over the parties and matter
under the law of such State or Indian tribe; and
`(2) reasonable notice and opportunity to be heard is given
to the person against whom the order is sought sufficient to
protect that person's right to due process. In the case of ex
parte orders, notice and opportunity to be heard must be
provided within the time required by State or tribal law, and
in any event within a reasonable time after the order is
issued, sufficient to protect the respondent's due process
rights.
`(c) CROSS OR COUNTER PETITION- A protection order issued by a
State or tribal court against one who has petitioned, filed a
complaint, or otherwise filed a written pleading for protection
against abuse by a spouse or intimate partner is not entitled to
full faith and credit if--
`(1) no cross or counter petition, complaint, or other
written pleading was filed seeking such a protection order; or
`(2) a cross or counter petition has been filed and the court
did not make specific findings that each party was entitled to
such an order.
`Sec. 2266. Definitions
`In this chapter--
`bodily injury' means any act, except one done in
self-defense, that results in physical injury or sexual abuse.
`Indian country' has the meaning stated in section 1151.
`protection order' includes any injunction or other order
issued for the purpose of preventing violent or threatening
acts or harassment against, or contact or communication with or
physical proximity to, another person, including temporary and
final orders issued by civil and criminal courts (other than
support or child custody orders) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to
a complaint, petition or motion filed by or on behalf of a
person seeking protection.
`spouse or intimate partner' includes--
`(A) a spouse, a former spouse, a person who shares a
child in common with the abuser, and a person who cohabits
or has cohabited with the abuser as a spouse; and
`(B) any other person similarly situated to a spouse who
is protected by the domestic or family violence laws of the
State in which the injury occurred or where the victim
resides.
`State' includes a State of the United States, the District
of Columbia, a commonwealth, territory, or possession of the
United States.
`travel across State lines' does not include travel across
State lines by an individual who is a member of an Indian tribe
when such individual remains at all times in the territory of
the Indian tribe of which the individual is a member.'.
(b) TECHNICAL AMENDMENT- The part analysis for part I of title
18, United States Code, is amended by inserting after the item for
chapter 110 the following new item:
[Bold->] 2261. [<-Bold] '.
[BOLD->] CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
[<-BOLD]
SEC. 40231. ENCOURAGING ARREST POLICIES.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
40121(a), is amended--
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
[BOLD->] [<-BOLD] [BOLD->] `PART U--GRANTS TO ENCOURAGE ARREST
POLICIES [<-BOLD]
`SEC. 2101. GRANTS.
`(a) PURPOSE- The purpose of this part is to encourage States,
Indian tribal governments, and units of local government to treat
domestic violence as a serious violation of criminal law.
`(b) GRANT AUTHORITY- The Attorney General may make grants to
eligible States, Indian tribal governments, or units of local
government for the following purposes:
`(1) To implement mandatory arrest or proarrest programs and
policies in police departments, including mandatory arrest
programs and policies for protection order violations.
`(2) To develop policies and training in police departments
to improve tracking of cases involving domestic violence.
`(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic violence
cases in groups or units of police officers, prosecutors, or
judges.
`(4) To coordinate computer tracking systems to ensure
communication between police, prosecutors, and both criminal
and family courts.
`(5) To strengthen legal advocacy service programs for
victims of domestic violence.
`(6) To educate judges in criminal and other courts about
domestic violence and to improve judicial handling of such cases.
`(c) ELIGIBILITY- Eligible grantees are States, Indian tribal
governments, or units of local government that--
`(1) certify that their laws or official policies--
`(A) encourage or mandate arrests of domestic violence
offenders based on probable cause that an offense has been
committed; and
`(B) encourage or mandate arrest of domestic violence
offenders who violate the terms of a valid and outstanding
protection order;
`(2) demonstrate that their laws, policies, or practices and
their training programs discourage dual arrests of offender and
victim;
`(3) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of protection
except in cases where both spouses file a claim and the court
makes detailed findings of fact indicating that both spouses
acted primarily as aggressors and that neither spouse acted
primarily in self-defense; and
`(4) certify that their laws, policies, or practices do not
require, in connection with the prosecution of any misdemeanor
or felony domestic violence offense, that the abused bear the
costs associated with the filing of criminal charges or the
service of such charges on an abuser, or that the abused bear
the costs associated with the issuance or service of a warrant,
protection order, or witness subpoena.
`SEC. 2102. APPLICATIONS.
`(a) APPLICATION- An eligible grantee shall submit an application
to the Attorney General that--
`(1) contains a certification by the chief executive officer
of the State, Indian tribal government, or local government
entity that the conditions of section 2101(c) are met or will
be met within the later of--
`(A) the period ending on the date on which the next
session of the State or Indian tribal legislature ends; or
`(B) 2 years of the date of enactment of this part;
`(2) describes plans to further the purposes stated in
section 2101(a);
`(3) identifies the agency or office or groups of agencies or
offices responsible for carrying out the program; and
`(4) includes documentation from nonprofit, private sexual
assault and domestic violence programs demonstrating their
participation in developing the application, and identifying
such programs in which such groups will be consulted for
development and implementation.
`(b) PRIORITY- In awarding grants under this part, the Attorney
General shall give priority to applicants that--
`(1) do not currently provide for centralized handling of
cases involving domestic violence by police, prosecutors, and
courts; and
`(2) demonstrate a commitment to strong enforcement of laws,
and prosecution of cases, involving domestic violence.
`SEC. 2103. REPORTS.
`Each grantee receiving funds under this part shall submit a
report to the Attorney General evaluating the effectiveness of
projects developed with funds provided under this part and
containing such additional information as the Attorney General may
prescribe.
`SEC. 2104. REGULATIONS OR GUIDELINES.
`Not later than 120 days after the date of enactment of this
part, the Attorney General shall publish proposed regulations or
guidelines implementing this part. Not later than 180 days after
the date of enactment of this part, the Attorney General shall
publish final regulations or guidelines implementing this part.
`SEC. 2105. DEFINITIONS.
`For purposes of this part--
`(1) the term `domestic violence' includes felony or
misdemeanor crimes of violence committed by a current or former
spouse of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, by a person similarly
situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or by
any other adult person against a victim who is protected from
that person's acts under the domestic or family violence laws
of the eligible State, Indian tribal government, or unit of
local government that receives a grant under this part; and
`(2) the term `protection order' includes any injunction
issued for the purpose of preventing violent or threatening
acts of domestic violence, including temporary and final orders
issued by civil or criminal courts (other than support or child
custody orders or provisions) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 40121(b), is amended by striking
the matter relating to part U and inserting the following:
`PART U--GRANTS TO ENCOURAGE ARREST POLICIES
`Sec. 2101. Grants.
`Sec. 2102. Applications.
`Sec. 2103. Reports.
`Sec. 2104. Regulations or guidelines.
`Sec. 2105. Definitions.
`PART V--TRANSITION--EFFECTIVE DATE--REPEALER
`Sec. 2201. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 40121(c), is amended--
(1) in paragraph (3) by striking `and T' and inserting `T,
and U'; and
(2) by adding at the end the following new paragraph:
`(19) There are authorized to be appropriated to carry out part U--
`(A) $28,000,000 for fiscal year 1996;
`(B) $33,000,000 for fiscal year 1997; and
`(C) $59,000,000 for fiscal year 1998.
(d) ADMINISTRATIVE PROVISIONS-
(1) REGULATIONS- Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)),
is amended by striking `and O' and inserting `O, and U'.
(2) DENIAL OF APPLICATION- Section 802(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3783 (b)) is amended in the first sentence by striking `or O'
and inserting `O, or U'.
[BOLD->] CHAPTER 4--SHELTER GRANTS [<-BOLD]
SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.
Section 310(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10409(a)) is amended to read as follows:
`(a) IN GENERAL- There are authorized to be appropriated to carry
out this title--
`(1) $50,000,000 for fiscal year 1996;
`(2) $60,000,000 for fiscal year 1997;
`(3) $70,000,000 for fiscal year 1998;
`(4) $72,500,000 for fiscal year 1999; and
`(5) $72,500,000 for fiscal year 2000.'.
[BOLD->] CHAPTER 5--YOUTH EDUCATION [<-BOLD]
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401
et seq.), as amended by section 40211, is amended by adding at the
end the following new section:
`SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
`(a) GENERAL PURPOSE- For purposes of this section, the Secretary
may, in consultation with the Secretary of Education, select,
implement and evaluate 4 model programs for education of young
people about domestic violence and violence among intimate partners.
`(b) NATURE OF PROGRAM- The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: primary
schools, middle schools, secondary schools, and institutions of
higher education. The model programs shall be selected,
implemented, and evaluated in consultation with educational
experts, legal and psychological experts on battering, and victim
advocate organizations such as battered women's shelters, State
coalitions and resource centers.
`(c) REVIEW AND DISSEMINATION- Not later than 2 years after the
date of enactment of this section, the Secretary shall transmit the
design and evaluation of the model programs, along with a plan and
cost estimate for nationwide distribution, to the relevant
committees of Congress for review.
`(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $400,000 for fiscal year
1996.'.
[BOLD->] CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
[<-BOLD]
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC
VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401
et seq.), as amended by section 40251, is amended by adding at the
end the following new section:
`SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
`(a) IN GENERAL- The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention
and prevention of domestic violence.
`(b) ELIGIBILITY- To be eligible for a grant under this section,
an entity--
`(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the intervention
in and prevention of domestic violence; and
`(2) shall include representatives of pertinent sectors of
the local community, which may include--
`(A) health care providers;
`(B) the education community;
`(C) the religious community;
`(D) the justice system;
`(E) domestic violence program advocates;
`(F) human service entities such as State child services
divisions;
`(G) business and civic leaders; and
`(H) other pertinent sectors.
`(c) APPLICATIONS- An organization that desires to receive a
grant under this section shall submit to the Secretary an
application, in such form and in such manner as the Secretary shall
prescribe through notice in the Federal Register, that--
`(1) demonstrates that the applicant will serve a community
leadership function, bringing together opinion leaders from
each sector of the community to develop a coordinated community
consensus opposing domestic violence;
`(2) demonstrates a community action component to improve and
expand current intervention and prevention strategies through
increased communication and coordination among all affected
sectors;
`(3) includes a complete description of the applicant's plan
for the establishment and operation of the community project,
including a description of--
`(A) the method for identification and selection of an
administrative committee made up of persons knowledgeable
in domestic violence to oversee the project, hire staff,
assure compliance with the project outline, and secure
annual evaluation of the project;
`(B) the method for identification and selection of
project staff and a project evaluator;
`(C) the method for identification and selection of a
project council consisting of representatives of the
community sectors listed in subsection (b)(2);
`(D) the method for identification and selection of a
steering committee consisting of representatives of the
various community sectors who will chair subcommittees of
the project council focusing on each of the sectors; and
`(E) a plan for developing outreach and public education
campaigns regarding domestic violence; and
`(4) contains such other information, agreements, and
assurances as the Secretary may require.
`(d) TERM- A grant provided under this section may extend over a
period of not more than 3 fiscal years.
`(e) CONDITIONS ON PAYMENT- Payments under a grant under this
section shall be subject to--
`(1) annual approval by the Secretary; and
`(2) availability of appropriations.
`(f) GEOGRAPHICAL DISPERSION- The Secretary shall award grants
under this section to organizations in communities geographically
dispersed throughout the country.
`(g) USE OF GRANT MONIES-
`(1) IN GENERAL- A grant made under subsection (a) shall be
used to establish and operate a community project to coordinate
intervention and prevention of domestic violence.
`(2) REQUIREMENTS- In establishing and operating a project, a
nonprofit private organization shall--
`(A) establish protocols to improve and expand domestic
violence intervention and prevention strategies among all
affected sectors;
`(B) develop action plans to direct responses within each
community sector that are in conjunction with development
in all other sectors; and
`(C) provide for periodic evaluation of the project with
a written report and analysis to assist application of this
concept in other communities.
`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $4,000,000 for fiscal year 1996; and
`(2) $6,000,000 for fiscal year 1997.
`(i) REGULATIONS- Not later than 60 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days
after the date of enactment, the Secretary shall publish final
regulations implementing this section.'.
[BOLD->] CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
AMENDMENTS [<-BOLD]
SEC. 40271. GRANTEE REPORTING.
(a) SUBMISSION OF APPLICATION- Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by inserting `and a plan to address the needs of
underserved populations, including populations underserved because
of ethnic, racial, cultural, language diversity or geographic
isolation' after `such State'.
(b) APPROVAL OF APPLICATION- Section 303(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)) is
amended by adding at the end the following new paragraph:
`(4) Upon completion of the activities funded by a grant
under this subpart, the State grantee shall file a performance
report with the Director explaining the activities carried out
together with an assessment of the effectiveness of those
activities in achieving the purposes of this subpart. A section
of this performance report shall be completed by each grantee
or subgrantee that performed the direct services contemplated
in the application certifying performance of direct services
under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes
other than those set forth under this subpart, after following
the procedures set forth in paragraph (3). Federal funds may be
used only to supplement, not supplant, State funds.'.
SEC. 40272. TECHNICAL AMENDMENTS.
(a) DEFINITIONS- Section 309(5)(B) of the Family Violence
Prevention and Services Act (42 U.S.C. 10408(5)(B)) is amended by
inserting `or other supportive services' before `by peers
individually or in groups,'.
(b) SPECIAL ISSUE RESOURCE CENTERS-
(1) GRANTS- Section 308(a)(2) of the Family Violence
Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended
by striking `six' and inserting `seven'.
(2) FUNCTIONS- Section 308(c) of the Family Violence
Prevention and Services Act (42 U.S.C. 10407(c)) is amended--
(A) by striking the period at the end of paragraph (6)
and inserting `, including the issuance and enforcement of
protection orders.'; and
(B) by adding at the end the following new paragraph:
`(7) Providing technical assistance and training to State
domestic violence coalitions.'.
(c) STATE DOMESTIC VIOLENCE COALITIONS- Section 311(a) of the
Family Violence Prevention and Services Act (42 U.S.C. 10410(a)) is
amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following new paragraph:
`(1) working with local domestic violence programs and
providers of direct services to encourage appropriate responses
to domestic violence within the State, including--
`(A) training and technical assistance for local programs
and professionals working with victims of domestic violence;
`(B) planning and conducting State needs assessments and
planning for comprehensive services;
`(C) serving as an information clearinghouse and resource
center for the State; and
`(D) collaborating with other governmental systems which
affect battered women;';
(3) in paragraph (2)(K), as redesignated by paragraph (1), by
striking `and court officials and other professionals' and
inserting `, judges, court officers and other criminal justice
professionals,';
(4) in paragraph (3), as redesignated by paragraph (1)--
(A) by inserting `, criminal court judges,' after `family
law judges,' each place it appears;
(B) in subparagraph (F), by inserting `custody' after
`temporary'; and
(C) in subparagraph (H), by striking `supervised
visitations that do not endanger victims and their
children,' and inserting `supervised visitations or denial
of visitation to protect against danger to victims or their
children'; and
(5) in paragraph (4), as redesignated by paragraph (1), by
inserting `, including information aimed at underserved racial,
ethnic or language-minority populations' before the semicolon.
[BOLD->] CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS [<-BOLD]
SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
(a) REGULATIONS- Not later than 90 days after the date of
enactment of this Act, the United States Postal Service shall
promulgate regulations to secure the confidentiality of domestic
violence shelters and abused persons' addresses.
(b) REQUIREMENTS- The regulations under subsection (a) shall
require--
(1) in the case of an individual, the presentation to an
appropriate postal official of a valid, outstanding protection
order; and
(2) in the case of a domestic violence shelter, the
presentation to an appropriate postal authority of proof from a
State domestic violence coalition that meets the requirements
of section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410)) verifying that the organization is a
domestic violence shelter.
(c) DISCLOSURE FOR CERTAIN PURPOSES- The regulations under
subsection (a) shall not prohibit the disclosure of addresses to
State or Federal agencies for legitimate law enforcement or other
governmental purposes.
(d) EXISTING COMPILATIONS- Compilations of addresses existing at
the time at which order is presented to an appropriate postal
official shall be excluded from the scope of the regulations under
subsection (a).
[BOLD->] CHAPTER 9--DATA AND RESEARCH [<-BOLD]
SEC. 40291. RESEARCH AGENDA.
(a) REQUEST FOR CONTRACT- The Attorney General shall request the
National Academy of Sciences, through its National Research
Council, to enter into a contract to develop a research agenda to
increase the understanding and control of violence against women,
including rape and domestic violence. In furtherance of the
contract, the National Academy shall convene a panel of nationally
recognized experts on violence against women, in the fields of law,
medicine, criminal justice, and direct services to victims and
experts on domestic violence in diverse, ethnic, social, and
language minority communities and the social sciences. In setting
the agenda, the Academy shall focus primarily on preventive,
educative, social, and legal strategies, including addressing the
needs of underserved populations.
(b) DECLINATION OF REQUEST- If the National Academy of Sciences
declines to conduct the study and develop a research agenda, it
shall recommend a nonprofit private entity that is qualified to
conduct such a study. In that case, the Attorney General shall
carry out subsection (a) through the nonprofit private entity
recommended by the Academy. In either case, whether the study is
conducted by the National Academy of Sciences or by the nonprofit
group it recommends, the funds for the contract shall be made
available from sums appropriated for the conduct of research by the
National Institute of Justice.
(c) REPORT- The Attorney General shall ensure that no later than
1 year after the date of enactment of this Act, the study required
under subsection (a) is completed and a report describing the
findings made is submitted to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
SEC. 40292. STATE DATABASES.
(a) IN GENERAL- The Attorney General shall study and report to
the States and to Congress on how the States may collect
centralized databases on the incidence of sexual and domestic
violence offenses within a State.
(b) CONSULTATION- In conducting its study, the Attorney