Text: H.R.3355 — 103rd Congress (1993-1994)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3355 Enrolled Bill (ENR)]

        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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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:

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

``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
GRANTS.
    ``(a) Grant Authorization.--The Attorney General may make grants to 
States, units of local government, Indian tribal governments, other 
public and private entities, and multi-jurisdictional or regional 
consortia thereof to increase police presence, to expand and improve 
cooperative efforts between law enforcement agencies and members of the 
community to address crime and disorder problems, and otherwise to 
enhance public safety.
    ``(b) Rehiring, Hiring, and Initial Redeployment Grant Projects.--
        ``(1) In general.--Grants made under subsection (a) may be used 
    for programs, projects, and other activities to--
            ``(A) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing;
            ``(B) hire and train new, additional career law enforcement 
        officers for deployment in community-oriented policing across 
        the Nation; and
            ``(C) procure equipment, technology, or support systems, or 
        pay overtime, if the applicant for such a grant demonstrates to 
        the satisfaction of the Attorney General that expenditures for 
        such purposes would result in an increase in the number of 
        officers deployed in community-oriented policing equal to or 
        greater than the increase in the number of officers that would 
        result from a grant for a like amount for the purposes 
        specified in subparagraph (A) or (B).
        ``(2) Grants for equipment, technology, and support systems.--
    Grants pursuant to paragraph (1)(C)--
            ``(A) may not exceed--
                ``(i) 20 percent of the funds available for grants 
            pursuant to this subsection in fiscal year 1995;
                ``(ii) 20 percent of the funds available for grants 
            pursuant to this subsection in fiscal year 1996; or
                ``(iii) 10 percent of the funds available for grants 
            pursuant to this subsection in fiscal years 1997, 1998, 
            1999, and 2000; and
            ``(B) may not be awarded in fiscal years 1998, 1999, or 
        2000 unless the Attorney General has certified that grants 
        awarded in fiscal years 1995, 1996, and 1997 pursuant to 
        subparagraph (1)(C) have resulted in an increase in the number 
        of officers deployed in community-oriented policing equal to or 
        greater than the increase in the number of officers that have 
        resulted from the grants in like amounts awarded in fiscal 
        years 1995, 1996, and 1997 pursuant to paragraph (1) (A) and 
        (B).
    ``(c) Troops-to-Cops Programs.--
        ``(1) In general.--Grants made under subsection (a) may be used 
    to hire former members of the Armed Forces to serve as career law 
    enforcement officers for deployment in community-oriented policing, 
    particularly in communities that are adversely affected by a recent 
    military base closing.
        ``(2) Definition.--In this subsection, `former member of the 
    Armed Forces' means a member of the Armed Forces of the United 
    States who is involuntarily separated from the Armed Forces within 
    the meaning of section 1141 of title 10, United States Code.
    ``(d) Additional Grant Projects.--Grants made under subsection (a) 
may include programs, projects, and other activities to--
        ``(1) increase the number of law enforcement officers involved 
    in activities that are focused on interaction with members of the 
    community on proactive crime control and prevention by redeploying 
    officers to such activities;
        ``(2) provide specialized training to law enforcement officers 
    to enhance their conflict resolution, mediation, problem solving, 
    service, and other skills needed to work in partnership with 
    members of the community;
        ``(3) increase police participation in multidisciplinary early 
    intervention teams;
        ``(4) develop new technologies to assist State and local law 
    enforcement agencies in reorienting the emphasis of their 
    activities from reacting to crime to preventing crime;
        ``(5) develop and implement innovative programs to permit 
    members of the community to assist State and local law enforcement 
    agencies in the prevention of crime in the community, such as a 
    citizens' police academy, including programs designed to increase 
    the level of access to the criminal justice system enjoyed by 
    victims, witnesses, and ordinary citizens by establishing 
    decentralized satellite offices (including video facilities) of 
    principal criminal courts buildings;
        ``(6) establish innovative programs to reduce, and keep to a 
    minimum, the amount of time that law enforcement officers must be 
    away from the community while awaiting court appearances;
        ``(7) establish and implement innovative programs to increase 
    and enhance proactive crime control and prevention programs 
    involving law enforcement officers and young persons in the 
    community;
        ``(8) develop and establish new administrative and managerial 
    systems to facilitate the adoption of community-oriented policing 
    as an organization-wide philosophy;
        ``(9) establish, implement, and coordinate crime prevention and 
    control programs (involving law enforcement officers working with 
    community members) with other Federal programs that serve the 
    community and community members to better address the comprehensive 
    needs of the community and its members; and
        ``(10) support the purchase by a law enforcement agency of no 
    more than 1 service weapon per officer, upon hiring for deployment 
    in community-oriented policing or, if necessary, upon existing 
    officers' initial redeployment to community-oriented policing.
    ``(e) Preferential Consideration of Applications for Certain 
Grants.--In awarding grants under this part, the Attorney General may 
give preferential consideration, where feasible, to applications for 
hiring and rehiring additional career law enforcement officers that 
involve a non-Federal contribution exceeding the 25 percent minimum 
under subsection (i).
    ``(f) Technical Assistance.--
        ``(1) In general.--The Attorney General may provide technical 
    assistance to States, units of local government, Indian tribal 
    governments, and to other public and private entities, in 
    furtherance of the purposes of the Public Safety Partnership and 
    Community Policing Act of 1994.
        ``(2) Model.--The technical assistance provided by the Attorney 
    General may include the development of a flexible model that will 
    define for State and local governments, and other public and 
    private entities, definitions and strategies associated with 
    community or problem-oriented policing and methodologies for its 
    implementation.
        ``(3) Training centers and facilities.--The technical 
    assistance provided by the Attorney General may include the 
    establishment and operation of training centers or facilities, 
    either directly or by contracting or cooperative arrangements. The 
    functions of the centers or facilities established under this 
    paragraph may include instruction and seminars for police 
    executives, managers, trainers, supervisors, and such others as the 
    Attorney General considers to be appropriate concerning community 
    or problem-oriented policing and improvements in police-community 
    interaction and cooperation that further the purposes of the Public 
    Safety Partnership and Community Policing Act of 1994.
    ``(g) Utilization of Components.--The Attorney General may utilize 
any component or components of the Department of Justice in carrying 
out this part.
    ``(h) Minimum Amount.--Unless all applications submitted by any 
State and grantee within the State pursuant to subsection (a) have been 
funded, each qualifying State, together with grantees within the State, 
shall receive in each fiscal year pursuant to subsection (a) not less 
than 0.5 percent of the total amount appropriated in the fiscal year 
for grants pursuant to that subsection. In this subsection, `qualifying 
State' means any State which has submitted an application for a grant, 
or in which an eligible entity has submitted an application for a 
grant, which meets the requirements prescribed by the Attorney General 
and the conditions set out in this part.
    ``(i) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) may not 
exceed 75 percent, unless the Attorney General waives, wholly or in 
part, the requirement under this subsection of a non-Federal 
contribution to the costs of a program, project, or activity. In 
relation to a grant for a period exceeding 1 year for hiring or 
rehiring career law enforcement officers, the Federal share shall 
decrease from year to year for up to 5 years, looking toward the 
continuation of the increased hiring level using State or local sources 
of funding following the conclusion of Federal support, as provided in 
an approved plan pursuant to section 1702(c)(8).
    ``(j) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1001(a)(11)(B).
    ``(k) Termination of Grants for Hiring Officers.--The authority 
under subsection (a) of this section to make grants for the hiring and 
rehiring of additional career law enforcement officers shall lapse at 
the conclusion of 6 years from the date of enactment of this part. 
Prior to the expiration of this grant authority, the Attorney General 
shall submit a report to Congress concerning the experience with and 
effects of such grants. The report may include any recommendations the 
Attorney General may have for amendments to this part and related 
provisions of law in light of the termination of the authority to make 
grants for the hiring and rehiring of additional career law enforcement 
officers.

``SEC. 1702. APPLICATIONS.

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

            ``PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS

``SEC. 1801. GRANT AUTHORIZATION.

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

``SEC. 1802. STATE APPLICATIONS.

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

``SEC. 1803. REVIEW OF STATE APPLICATIONS.

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

``SEC. 1804. LOCAL APPLICATIONS.

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

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

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

``SEC. 1806. EVALUATION.

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

            ``Part R--Certain Punishments for Young Offenders

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

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

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

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

                    Subtitle C--Alien Incarceration

SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

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

                  Subtitle D--Miscellaneous Provisions

SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.

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

SEC. 20402. PRISON IMPACT ASSESSMENTS.

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

``Sec. 4047. Prison impact assessments

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

``4047. Prison impact assessments.''.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF 
IMPRISONMENT, RELEASE, AND PROBATION.
    (a) Imposition of Sentence.--Section 3572(a) of title 18, United 
States Code, is amended--
        (1) by redesignating paragraphs (6) and (7) as paragraphs (7) 
    and (8), respectively; and
        (2) by inserting after paragraph (5) the following new 
    paragraph:
        ``(6) the expected costs to the government of any imprisonment, 
    supervised release, or probation component of the sentence;''.
    (b) Duties of the Sentencing Commission.--Section 994 of title 28, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(y) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1), may include, as a component of a fine, the expected 
costs to the Government of any imprisonment, supervised release, or 
probation sentence that is ordered.''.
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
    In the case of a prisoner convicted of an offense committed prior 
to November 1, 1987, the reference to supervised release in section 
4042(b) of title 18, United States Code, shall be deemed to be a 
reference to probation or parole.

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

    Section 3624 of title 18, United States Code, is amended--
        (1) by striking ``he'' each place it appears and inserting 
    ``the prisoner'';
        (2) by striking ``his'' each place it appears and inserting 
    ``the prisoner's'';
        (3) in subsection (d) by striking ``him'' and inserting ``the 
    prisoner''; and
        (4) in subsection (b)--
            (A) in the first sentence by inserting ``(other than a 
        prisoner serving a sentence for a crime of violence)'' after 
        ``A prisoner''; and
            (B) by inserting after the first sentence the following: 
        ``A prisoner who is serving a term of imprisonment of more than 
        1 year for a crime of violence, other than a term of 
        imprisonment for the duration of the prisoner's life, may 
        receive credit toward the service of the prisoner's sentence, 
        beyond the time served, of up to 54 days at the end of each 
        year of the prisoner's term of imprisonment, beginning at the 
        end of the first year of the term, subject to determination by 
        the Bureau of Prisons that, during that year, the prisoner has 
        displayed exemplary compliance with such institutional 
        disciplinary regulations.''.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND 
TECHNIQUES.
    (a) Task Force.--The Director of the National Institute of 
Corrections shall, subject to availability of appropriations, establish 
a task force composed of Federal, State, and local officials expert in 
prison construction, and of at least an equal number of engineers, 
architects, and construction experts from the private sector with 
expertise in prison design and construction, including the use of cost-
cutting construction standardization techniques and cost-cutting new 
building materials and technologies.
    (b) Cooperation.--The task force shall work in close cooperation 
and communication with other State and local officials responsible for 
prison construction in their localities.
    (c) Performance Requirements.--The task force shall work to--
        (1) establish and recommend standardized construction plans and 
    techniques for prison and prison component construction; and
        (2) evaluate and recommend new construction technologies, 
    techniques, and materials,
to reduce prison construction costs at the Federal, State, and local 
levels and make such construction more efficient.
    (d) Dissemination.--The task force shall disseminate information 
described in subsection (c) to State and local officials involved in 
prison construction, through written reports and meetings.
    (e) Promotion and Evaluation.--The task force shall--
        (1) work to promote the implementation of cost-saving efforts 
    at the Federal, State, and local levels;
        (2) evaluate and advise on the results and effectiveness of 
    such cost-saving efforts as adopted, broadly disseminating 
    information on the results; and
        (3) to the extent feasible, certify the effectiveness of the 
    cost-savings efforts.

SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.

    (a) In General.--In the administration of each grant program funded 
by appropriations authorized by this Act or by an amendment made by 
this Act, the Attorney General shall encourage--
        (1) innovative methods for the low-cost construction of 
    facilities to be constructed, converted, or expanded and the low-
    cost operation of such facilities and the reduction of 
    administrative costs and overhead expenses; and
        (2) the use of surplus Federal property.
    (b) Assessment of Construction Components and Designs.--The 
Attorney General may make an assessment of the cost efficiency and 
utility of using modular, prefabricated, precast, and pre-engineered 
construction components and designs for housing nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT 
AND THE NATIONAL LITERACY ACT OF 1991.
    (a) Technical Amendment.--The matter preceding paragraph (1) of 
section 214(d) of the Department of Education Organization Act (20 
U.S.C. 3423a(d)) is amended by striking ``under subsection (a)'' and 
inserting ``under subsection (c)''.
    (b) Establishment of a Panel and Use of Funds.--Section 601 of the 
National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended--
        (1) by redesignating subsection (g) as subsection (i); and
        (2) by inserting after subsection (f) the following new 
    subsections:
    ``(g) Panel.--The Secretary is authorized to consult with and 
convene a panel of experts in correctional education, including program 
administrators and field-based professionals in adult corrections, 
juvenile services, jails, and community corrections programs, to--
        ``(1) develop measures for evaluating the effectiveness of the 
    programs funded under this section; and
        ``(2) evaluate the effectiveness of such programs.
    ``(h) Use of Funds.--Notwithstanding any other provision of law, 
the Secretary may use not more than five percent of funds appropriated 
under subsection (i) in any fiscal year to carry out grant-related 
activities such as monitoring, technical assistance, and replication 
and dissemination.''.

SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.

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

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

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

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

    (d) Sunset Provision.--This section and the amendments made by this 
section are repealed effective as of the date that is 5 years after the 
date of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND 
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
    (a) Congressional Approval.--Notwithstanding any other provision of 
law, the existing prison facilities and complex at the District of 
Columbia Corrections Facility at Lorton, Virginia, shall not be 
expanded unless such expansion has been approved by the Congress under 
the authority provided to Congress in section 446 of the District of 
Columbia Self-Government and Governmental Reorganization Act.
    (b) Senate Hearings.--The Senate directs the Subcommittee on the 
District of Columbia of the Committee on Appropriations of the Senate 
to conduct hearings regarding expansion of the prison complex in 
Lorton, Virginia, prior to any approval granted pursuant to subsection 
(a). The subcommittee shall permit interested parties, including 
appropriate officials from the County of Fairfax, Virginia, to testify 
at such hearings.
    (c) Definition.--For purposes of this section, the terms 
``expanded'' and ``expansion'' mean any alteration of the physical 
structure of the prison complex that is made to increase the number of 
inmates incarcerated at the prison.

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

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

SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.

    Section 3624(b) of title 18, United States Code, is amended--
        (1) by inserting ``(1)'' after ``behavior.--'';
        (2) by striking ``Such credit toward service of sentence vests 
    at the time that it is received. Credit that has vested may not 
    later be withdrawn, and credit that has not been earned may not 
    later be granted.'' and inserting ``Credit that has not been earned 
    may not later be granted.''; and
        (3) by adding at the end the following:
    ``(2) Credit toward a prisoner's service of sentence shall not be 
vested unless the prisoner has earned or is making satisfactory 
progress toward a high school diploma or an equivalent degree.
    ``(3) The Attorney General shall ensure that the Bureau of Prisons 
has in effect an optional General Educational Development program for 
inmates who have not earned a high school diploma or its equivalent.
    ``(4) Exemptions to the General Educational Development requirement 
may be made as deemed appropriate by the Director of the Federal Bureau 
of Prisons.''.
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL 
PRISON FACILITIES.
    (a) Study of Suitable Bases.--The Secretary of Defense and the 
Attorney General shall jointly conduct a study of all military 
installations selected before the date of enactment of this Act to be 
closed pursuant to a base closure law for the purpose of evaluating the 
suitability of any of these installations, or portions of these 
installations, for conversion into Federal prison facilities. As part 
of the study, the Secretary and the Attorney General shall identify the 
military installations so evaluated that are most suitable for 
conversion into Federal prison facilities.
    (b) Suitability for Conversion.--In evaluating the suitability of a 
military installation for conversion into a Federal prison facility, 
the Secretary of Defense and the Attorney General shall consider the 
estimated cost to convert the installation into a prison facility and 
such other factors as the Secretary and the Attorney General consider 
to be appropriate.
    (c) Time for Study.--The study required by subsection (a) shall be 
completed not later than the date that is 180 days after the date of 
enactment of this Act.
    (d) Construction of Federal Prisons.--
        (1) In general.--In determining where to locate any new Federal 
    prison facility, and in accordance with the Department of Justice's 
    duty to review and identify a use for any portion of an 
    installation closed pursuant to title II of the Defense 
    Authorization Amendments and Base Closure and Realignment Act 
    (Public Law 100-526) and the Defense Base Closure and Realignment 
    Act of 1990 (part A of title XXIX of Public Law 101-510), the 
    Attorney General shall--
            (A) consider whether using any portion of a military 
        installation closed or scheduled to be closed in the region 
        pursuant to a base closure law provides a cost-effective 
        alternative to the purchase of real property or construction of 
        new prison facilities;
            (B) consider whether such use is consistent with a 
        reutilization and redevelopment plan; and
            (C) give consideration to any installation located in a 
        rural area the closure of which will have a substantial adverse 
        impact on the economy of the local communities and on the 
        ability of the communities to sustain an economic recovery from 
        such closure.
        (2) Consent.--With regard to paragraph (1)(B), consent must be 
    obtained from the local re-use authority for the military 
    installation, recognized and funded by the Secretary of Defense, 
    before the Attorney General may proceed with plans for the design 
    or construction of a prison at the installation.
        (3) Report on basis of decision.--Before proceeding with plans 
    for the design or construction of a Federal prison, the Attorney 
    General shall submit to Congress a report explaining the basis of 
    the decision on where to locate the new prison facility.
        (4) Report on cost-effectiveness.--If the Attorney General 
    decides not to utilize any portion of a closed military 
    installation or an installation scheduled to be closed for locating 
    a prison, the report shall include an analysis of why installations 
    in the region, the use of which as a prison would be consistent 
    with a reutilization and redevelopment plan, does not provide a 
    cost-effective alternative to the purchase of real property or 
    construction of new prison facilities.
    (e) Definition.--In this section, ``base closure law'' means--
        (1) the Defense Base Closure and Realignment Act of 1990 (part 
    A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
        (2) title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
    note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.
    (a) Drug Testing Program.--
        (1) In general.--Subchapter A of chapter 229 of title 18, 
    United States Code, is amended by adding at the end the following 
    new section:

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

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

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

    (b) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
        (1) in paragraph (2) by striking ``and'' after the semicolon;
        (2) in paragraph (3) by striking the period and inserting ``; 
    and'';
        (3) by adding at the end the following new paragraph:
        ``(4) for a felony, a misdemeanor, or an infraction, that the 
    defendant refrain from any unlawful use of a controlled substance 
    and submit to one drug test within 15 days of release on probation 
    and at least 2 periodic drug tests thereafter (as determined by the 
    court) for use of a controlled substance, but the condition stated 
    in this paragraph may be ameliorated or suspended by the court for 
    any individual defendant if the defendant's presentence report or 
    other reliable sentencing information indicates a low risk of 
    future substance abuse by the defendant.''; and
        (4) by adding at the end the following: ``The results of a drug 
    test administered in accordance with paragraph (4) shall be subject 
    to confirmation only if the results are positive, the defendant is 
    subject to possible imprisonment for such failure, and either the 
    defendant denies the accuracy of such test or there is some other 
    reason to question the results of the test. A defendant who tests 
    positive may be detained pending verification of a positive drug 
    test result. A drug test confirmation shall be a urine drug test 
    confirmed using gas chromatography/mass spectrometry techniques or 
    such test as the Director of the Administrative Office of the 
    United States Courts after consultation with the Secretary of 
    Health and Human Services may determine to be of equivalent 
    accuracy. The court shall consider whether the availability of 
    appropriate substance abuse treatment programs, or an individual's 
    current or past participation in such programs, warrants an 
    exception in accordance with United States Sentencing Commission 
    guidelines from the rule of section 3565(b), when considering any 
    action against a defendant who fails a drug test administered in 
    accordance with paragraph (4).''.
    (c) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting after the first sentence 
the following: ``The court shall also order, as an explicit condition 
of supervised release, that the defendant refrain from any unlawful use 
of a controlled substance and submit to a drug test within 15 days of 
release on supervised release and at least 2 periodic drug tests 
thereafter (as determined by the court) for use of a controlled 
substance. The condition stated in the preceding sentence may be 
ameliorated or suspended by the court as provided in section 
3563(a)(4). The results of a drug test administered in accordance with 
the preceding subsection shall be subject to confirmation only if the 
results are positive, the defendant is subject to possible imprisonment 
for such failure, and either the defendant denies the accuracy of such 
test or there is some other reason to question the results of the test. 
A drug test confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the 
Director of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. The court shall consider 
whether the availability of appropriate substance abuse treatment 
programs, or an individual's current or past participation in such 
programs, warrants an exception in accordance with United States 
Sentencing Commission guidelines from the rule of section 3583(g) when 
considering any action against a defendant who fails a drug test.''.
    (d) Conditions of Parole.--Section 4209(a) of title 18, United 
States Code, is amended by inserting after the first sentence the 
following: ``In every case, the Commission shall also impose as a 
condition of parole that the parolee pass a drug test prior to release 
and refrain from any unlawful use of a controlled substance and submit 
to at least 2 periodic drug tests (as determined by the Commission) for 
use of a controlled substance. The condition stated in the preceding 
sentence may be ameliorated or suspended by the Commission for any 
individual parolee if it determines that there is good cause for doing 
so. The results of a drug test administered in accordance with the 
provisions of the preceding sentence shall be subject to confirmation 
only if the results are positive, the defendant is subject to possible 
imprisonment for such failure, and either the defendant denies the 
accuracy of such test or there is some other reason to question the 
results of the test. A drug test confirmation shall be a urine drug 
test confirmed using gas chromatography/mass spectrometry techniques or 
such test as the Director of the Administrative Office of the United 
States Courts after consultation with the Secretary of Health and Human 
Services may determine to be of equivalent accuracy. The Commission 
shall consider whether the availability of appropriate substance abuse 
treatment programs, or an individual's current or past participation in 
such programs, warrants an exception in accordance with United States 
Sentencing Commission guidelines from the rule of section 4214(f) when 
considering any action against a defendant who fails a drug test.''.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
    (a) In General.--Section 6050I of the Internal Revenue Code of 1986 
(relating to returns relating to cash received in trade or business) is 
amended by adding at the end the following new subsection:
    ``(g) Cash Received by Criminal Court Clerks.--
        ``(1) In general.--Every clerk of a Federal or State criminal 
    court who receives more than $10,000 in cash as bail for any 
    individual charged with a specified criminal offense shall make a 
    return described in paragraph (2) (at such time as the Secretary 
    may by regulations prescribe) with respect to the receipt of such 
    bail.
        ``(2) Return.--A return is described in this paragraph if such 
    return--
            ``(A) is in such form as the Secretary may prescribe, and
            ``(B) contains--
                ``(i) the name, address, and TIN of--

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

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

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

SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

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

SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.

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

SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.

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

                      TITLE III--CRIME PREVENTION
                Subtitle A--Ounce of Prevention Council

SEC. 30101. OUNCE OF PREVENTION COUNCIL.

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

SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.

    (a) In General.--The Council may make grants for--
        (1) summer and after-school (including weekend and holiday) 
    education and recreation programs;
        (2) mentoring, tutoring, and other programs involving 
    participation by adult role models (such as D.A.R.E. America);
        (3) programs assisting and promoting employability and job 
    placement; and
        (4) prevention and treatment programs to reduce substance 
    abuse, child abuse, and adolescent pregnancy, including outreach 
    programs for at-risk families.
    (b) Applicants.--Applicants may be Indian tribal governments, 
cities, counties, or other municipalities, school boards, colleges and 
universities, private nonprofit entities, or consortia of eligible 
applicants. Applicants must show that a planning process has occurred 
that has involved organizations, institutions, and residents of target 
areas, including young people, and that there has been cooperation 
between neighborhood-based entities, municipality-wide bodies, and 
local private-sector representatives. Applicants must demonstrate the 
substantial involvement of neighborhood-based entities in the carrying 
out of the proposed activities. Proposals must demonstrate that a broad 
base of collaboration and coordination will occur in the implementation 
of the proposed activities, involving cooperation among youth-serving 
organizations, schools, health and social service providers, employers, 
law enforcement professionals, local government, and residents of 
target areas, including young people. Applications shall be 
geographically based in particular 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:

                     ``CHAPTER 67--FEDERAL PAYMENTS

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

``Sec. 6701. Payments to local governments

    ``(a) Payment and Use.--
        ``(1) Payment.--The Secretary shall pay to each unit of general 
    local government which qualifies for a payment under this chapter 
    an amount equal to the sum of any amounts allocated to the 
    government under this chapter for each payment period. The 
    Secretary shall pay such amount out of the Local Government Fiscal 
    Assistance Fund under section 6702.
        ``(2) Use.--Amounts paid to a unit of general local government 
    under this section shall be used by that unit for carrying out one 
    or more programs of the unit related to--
            ``(A) education to prevent crime;
            ``(B) substance abuse treatment to prevent crime; or
            ``(C) job programs to prevent crime.
        ``(3) Coordination.--Programs funded under this title shall be 
    coordinated with other existing Federal programs to meet the 
    overall needs of communities that benefit from funds received under 
    this section.
    ``(b) Timing of Payments.--The Secretary shall pay each amount 
allocated under this chapter to a unit of general local government for 
a payment period by the later of 90 days after the date the amount is 
available or the first day of the payment period provided that the unit 
of general local government has provided the Secretary with the 
assurances required by section 6703(d).
    ``(c) Adjustments.--
        ``(1) In general.--Subject to paragraph (2), the Secretary 
    shall adjust a payment under this chapter to a unit of general 
    local government to the extent that a prior payment to the 
    government was more or less than the amount required to be paid.
        ``(2) Considerations.--The Secretary may increase or decrease 
    under this subsection a payment to a unit of local government only 
    if the Secretary determines the need for the increase or decrease, 
    or the unit requests the increase or decrease, within one year 
    after the end of the payment period for which the payment was made.
    ``(d) Reservation for Adjustments.--The Secretary may reserve a 
percentage of not more than 2 percent of the amount under this section 
for a payment period for all units of general local government in a 
State if the Secretary considers the reserve is necessary to ensure the 
availability of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of general local government in 
the State.
    ``(e) Repayment of Unexpended Amounts.--
        ``(1) Repayment required.--A unit of general local government 
    shall repay to the Secretary, by not later than 15 months after 
    receipt from the Secretary, any amount that is--
            ``(A) paid to the unit from amounts appropriated under the 
        authority of this section; and
            ``(B) not expended by the unit within one year after 
        receipt from the Secretary.
        ``(2) Penalty for failure to repay.--If the amount required to 
    be repaid is not repaid, the Secretary shall reduce payments in 
    future payment periods accordingly.
        ``(3) Deposit of amounts repaid.--Amounts received by the 
    Secretary as repayments under this subsection shall be deposited in 
    the Local Government Fiscal Assistance Fund for future payments to 
    units of general local government.
    ``(f) Expenditure With Disadvantaged Business Enterprises.--
        ``(1) General rule.--Of amounts paid to a unit of general local 
    government under this chapter for a payment period, not less than 
    10 percent of the total combined amounts obligated by the unit for 
    contracts and subcontracts shall be expended with--
            ``(A) small business concerns controlled by socially and 
        economically disadvantaged individuals and women; and
            ``(B) historically Black colleges and universities and 
        colleges and universities having a student body in which more 
        than 20 percent of the students are Hispanic Americans or 
        Native Americans.
        ``(2) Exception.--Paragraph (1) shall not apply to amounts paid 
    to a unit of general local government to the extent the unit 
    determines that the paragraph does not apply through a process that 
    provides for public participation.
        ``(3) Definitions.--For purposes of this subsection--
            ``(A) the term `small business concern' has the meaning 
        such term has under section 3 of the Small Business Act; and
            ``(B) the term `socially and economically disadvantaged 
        individuals' has the meaning such term has under section 8(d) 
        of the Small Business Act and relevant subcontracting 
        regulations promulgated pursuant to that section.
    ``(g) Nonsupplanting Requirement.--
        ``(1) In general.--Funds made available under this chapter to 
    units of local government shall not be used to supplant State or 
    local funds, but will be used to increase the amount of funds that 
    would, in the absence of funds under this chapter, be made 
    available from State or local sources.
        ``(2) Base level amount.--The total level of funding available 
    to a unit of local government for accounts serving eligible 
    purposes under this chapter in the fiscal year immediately 
    preceding receipt of a grant under this chapter shall be designated 
    the `base level account' for the fiscal year in which 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 
        Pgeneral 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 Pparagraph (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 POctober 1, 1994.

``Sec. 6710. Public participation

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

``Sec. 6711. Prohibited discrimination

    ``(a) General Prohibition.--No person in the United States shall be 
excluded from participating in, be denied the benefits of, or be 
subject to discrimination under, a program or activity of a unit of 
general local government because of race, color, national origin, or 
sex if the government receives a payment under this chapter.
    ``(b) Additional Prohibitions.--The following prohibitions and 
exemptions also apply to a program or activity of a unit of general 
local government if the government receives a payment under this 
chapter:
        ``(1) A prohibition against discrimination because of age under 
    the Age Discrimination Act of 1975.
        ``(2) A prohibition against discrimination against an otherwise 
    qualified handicapped individual under section 504 of the 
    Rehabilitation Act of 1973.
        ``(3) A prohibition against discrimination because of religion, 
    or an exemption from that prohibition, under the Civil Rights Act 
    of 1964 or title VIII of the Act of April 11, 1968 (popularly known 
    as the Civil Rights Act of 1968).
    ``(c) Limitations on Applicability of Prohibitions.--Subsections 
(a) and (b) do not apply if the government shows, by clear and 
convincing evidence, that a payment received under this chapter is not 
used to pay for any part of the program or activity with respect to 
which the allegation of discrimination is made.
    ``(d) Investigation Agreements.--The Secretary shall try to make 
agreements with heads of agencies of the United States Government and 
State agencies to investigate noncompliance with this section. An 
agreement shall--
        ``(1) describe the cooperative efforts to be taken (including 
    sharing civil rights enforcement personnel and resources) to obtain 
    compliance with this section; and
        ``(2) provide for notifying immediately the Secretary of 
    actions brought by the United States Government or State agencies 
    against a unit of general local government alleging a violation of 
    a civil rights law or a regulation prescribed under a civil rights 
    law.

``Sec. 6712. Discrimination proceedings

    ``(a) Notice of Noncompliance.--By the 10th day after the Secretary 
makes a finding of discrimination or receives a holding of 
discrimination about a unit of general local government, the Secretary 
shall submit a notice of noncompliance to the government. The notice 
shall state the basis of the finding or holding.
    ``(b) Informal Presentation of Evidence.--A unit of general local 
government may present evidence informally to the Secretary within 30 
days after the government receives a notice of noncompliance from the 
Secretary. Except as provided in subsection (e), the government may 
present evidence on whether--
        ``(1) a person in the United States has been excluded or denied 
    benefits of, or discriminated against under, the program or 
    activity of the government, in violation of section 6711(a);
        ``(2) the program or activity of the government violated a 
    prohibition described in section 6711(b); and
        ``(3) any part of that program or activity has been paid for 
    with a payment received under this chapter.
    ``(c) Temporary Suspension of Payments.--By the end of the 30-day 
period under subsection (b), the Secretary shall decide whether the 
unit of general local government has not complied with section 6711 (a) 
or (b), unless the government has entered into a compliance agreement 
under section 6714. If the Secretary decides that the government has 
not complied, the Secretary shall notify the government of the decision 
and shall suspend payments to the government under this chapter unless, 
within 10 days after the government receives notice of the decision, 
the government--
        ``(1) enters into a compliance agreement under section 6714; or
        ``(2) requests a proceeding under subsection (d)(1).
    ``(d) Administrative Review of Suspensions.--
        ``(1) Proceeding.--A proceeding requested under subsection 
    (c)(2) shall begin by the 30th day after the Secretary receives a 
    request for the proceeding. The proceeding shall be before an 
    administrative law judge appointed under section 3105 of title 5, 
    United States Code. By the 30th day after the beginning of the 
    proceeding, the judge shall issue a preliminary decision based on 
    the record at the time on whether the unit of general local 
    government is likely to prevail in showing compliance with section 
    6711 (a) or (b).
        ``(2) Decision.--If the administrative law judge decides at the 
    end of a proceeding under paragraph (1) that the unit of general 
    local government has--
            ``(A) not complied with section 6711 (a) or (b), the judge 
        may order payments to the government under this chapter 
        terminated; or
            ``(B) complied with section 6711 (a) or (b), a suspension 
        under section 6713(a)(1)(A) shall be discontinued promptly.
        ``(3) Likelihood of prevailing.--An administrative law judge 
    may not issue a preliminary decision that the government is not 
    likely to prevail if the judge has issued a decision described in 
    paragraph (2)(A).
    ``(e) Basis for Review.--In a proceeding under subsections (b) 
through (d) on a program or activity of a unit of general local 
government about which a holding of discrimination has been made, the 
Secretary or administrative law judge may consider only whether a 
payment under this chapter was used to pay for any part of the program 
or activity. The holding of discrimination is conclusive. If the 
holding is reversed by an appellate court, the Secretary or judge shall 
end the proceeding.

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

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

``Sec. 6714. Compliance agreements

    ``(a) Types of Compliance Agreements.--A compliance agreement is an 
agreement--
        ``(1) approved by the Secretary, between the governmental 
    authority responsible for prosecuting a claim or complaint that is 
    the basis of a holding of discrimination and the chief executive 
    officer of the unit of general local government that has not 
    complied with section 6711 (a) or (b); or
        ``(2) between the Secretary and the chief executive officer.
    ``(b) Contents of Agreements.--A compliance agreement--
        ``(1) shall state the conditions the unit of general local 
    government has agreed to comply with that would satisfy the 
    obligations of the government under sections 6711 (a) and (b);
        ``(2) shall cover each matter that has been found not to 
    comply, or would not comply, with section 6711 (a) or (b); and
        ``(3) may be a series of agreements that dispose of those 
    matters.
    ``(c) Availability of Agreements to Parties.--The Secretary shall 
submit a copy of a compliance agreement to each person who filed a 
complaint referred to in section 6716(b), or, if an agreement under 
subsection (a)(1), each person who filed a complaint with a 
governmental authority, about a failure to comply with section 6711 (a) 
or (b). The Secretary shall submit the copy by the 15th day after an 
agreement is made. However, if the Secretary approves an agreement 
under subsection (a)(1) after the agreement is made, the Secretary may 
submit the copy by the 15th day after approval of the agreement.

``Sec. 6715. Enforcement by the Attorney General of prohibitions on 
            discrimination

    ``The Attorney General may bring a civil action in an appropriate 
district court of the United States against a unit of general local 
government that the Attorney General has reason to believe has engaged 
or is engaging in a pattern or practice in violation of section 6711 
(a) or (b). The court may grant--
        ``(1) a temporary restraining order;
        ``(2) an injunction; or
        ``(3) an appropriate order to ensure enjoyment of rights under 
    section 6711 (a) or (b), including an order suspending, 
    terminating, or requiring repayment of, payments under this chapter 
    or placing additional payments under this chapter in escrow pending 
    the outcome of the action.

``Sec. 6716. Civil action by a person adversely affected

    ``(a) Authority for Private Suits in Federal or State Court.--If a 
unit of general local government, or an officer or employee of a unit 
of general local government acting in an official capacity, engages in 
a practice prohibited by this chapter, a person adversely affected by 
the practice may bring a civil action in an appropriate district court 
of the United States or a State court of general jurisdiction. Before 
bringing an action under this section, the person must exhaust 
administrative remedies under subsection (b).
    ``(b) Administrative Remedies Required To Be Exhausted.--A person 
adversely affected shall file an administrative complaint with the 
Secretary or the head of another agency of the United States Government 
or the State agency with which the Secretary has an agreement under 
section 6711(d). Administrative remedies are deemed to be exhausted by 
the person after the 90th day after the complaint was filed if the 
Secretary, the head of the Government agency, or the State agency--
        ``(1) issues a decision that the government has not failed to 
    comply with this chapter; or
        ``(2) does not issue a decision on the complaint.
    ``(c) Authority of Court.--In an action under this section, the 
court--
        ``(1) may grant--
            ``(A) a temporary restraining order;
            ``(B) an injunction; or
            ``(C) another order, including suspension, termination, or 
        repayment of, payments under this chapter or placement of 
        additional payments under this chapter in escrow pending the 
        outcome of the action; and
        ``(2) to enforce compliance with section 6711 (a) or (b), may 
    allow a prevailing party (except the United States Government) a 
    reasonable attorney's fee.
    ``(d) Intervention by Attorney General.--In an action under this 
section to enforce compliance with section 6711 (a) or (b), the 
Attorney General may intervene in the action if the Attorney General 
certifies that the action is of general public importance. The United 
States Government is entitled to the same relief as if the Government 
had brought the action and is liable for the same fees and costs as a 
private person.

``Sec. 6717. Judicial review

    ``(a) Appeals in Federal Court of Appeals.--A unit of general local 
government which receives notice from the Secretary about withholding 
payments under section 6703(f), suspending payments under section 
6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may 
apply for review of the action of the Secretary by filing a petition 
for review with the court of appeals of the United States for the 
circuit in which the government is located. The petition shall be filed 
by the 60th day after the date the notice is received. The clerk of the 
court shall immediately send a copy of the petition to the Secretary.
    ``(b) Filing of Record of Administrative Proceeding.--The Secretary 
shall file with the court a record of the proceeding on which the 
Secretary based the action. The court may consider only objections to 
the action of the Secretary that were presented before the Secretary.
    ``(c) Court Action.--The court may affirm, change, or set aside any 
part of the action of the Secretary. The findings of fact by the 
Secretary are conclusive if supported by substantial evidence in the 
record. If a finding is not supported by substantial evidence in the 
record, the court may remand the case to the Secretary to take 
additional evidence. Upon such a remand, the Secretary may make new or 
modified findings and shall certify additional proceedings to the 
court.
    ``(d) Review Only by Supreme Court.--A judgment of a court under 
this section may be reviewed only by the Supreme Court under section 
1254 of title 28, United States Code.

``Sec. 6718. Investigations and reviews

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

``Sec. 6719. Reports

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

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

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

SEC. 31002. TECHNICAL AMENDMENT.

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

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

          Subtitle K--National Community Economic Partnership

SEC. 31101. SHORT TITLE.

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

       CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

SEC. 31111. PURPOSE.

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

SEC. 31112. PROVISION OF ASSISTANCE.

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

SEC. 31113. APPROVAL OF APPLICATIONS.

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

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

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

SEC. 31115. LIMITATIONS ON USE OF FUNDS.

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

SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.

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

         CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
    (a) Purpose.--It is the purpose of this section to provide 
assistance to community development corporations to upgrade the 
management and operating capacity of such corporations and to enhance 
the resources available to enable such corporations to increase their 
community economic development activities.
    (b) Skill Enhancement Grants.--
        (1) In general.--The Secretary shall award grants to community 
    development corporations to enable such corporations to attain or 
    enhance the business management and development skills of the 
    individuals that manage such corporations to enable such 
    corporations to seek the public and private resources necessary to 
    develop community economic development projects.
        (2) Use of funds.--A recipient of a grant under paragraph (1) 
    may use amounts received under such grant--
            (A) to acquire training and technical assistance from 
        agencies or institutions that have extensive experience in the 
        development and management of low-income community economic 
        development projects; or
            (B) to acquire such assistance from other highly successful 
        community development corporations.
    (c) Operating Grants.--
        (1) In general.--The Secretary shall award grants to community 
    development corporations to enable such corporations to support an 
    administrative capacity for the planning, development, and 
    management of low-income community economic development projects.
        (2) Use of funds.--A recipient of a grant under paragraph (1) 
    may use amounts received under such grant--
            (A) to conduct evaluations of the feasibility of potential 
        low-income community economic development projects that address 
        identified needs in the low-income community and that conform 
        to those projects and activities permitted under subtitle A;
            (B) to develop a business plan related to such a potential 
        project; or
            (C) to mobilize resources to be contributed to a planned 
        low-income community economic development project or strategy.
    (d) Applications.--A community development corporation that desires 
to receive a grant under this section shall prepare and submit to the 
Secretary an application at such time, in such manner, and containing 
such information as the Secretary may require.
    (e) Amount Available for a Community Development Corporation.--
Amounts provided under this section to a community development 
corporation shall not exceed $75,000 per year. Such corporations may 
apply for grants under this section for up to 3 consecutive years, 
except that such corporations shall be required to submit a new 
application for each grant for which such corporation desires to 
receive and compete on the basis of such applications in the selection 
process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN 
FUNDS.
    (a) Authority.--The Secretary may award grants to emerging 
community development corporations to enable such corporations to 
establish, maintain or expand revolving loan funds, to make or 
guarantee loans, or to make capital investments in new or expanding 
local businesses.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
        (1) be a community development corporation;
        (2) have completed not less than one nor more than two 
    community economic development projects or related projects that 
    improve or provide job and employment opportunities to low-income 
    individuals;
        (3) prepare and submit to the Secretary an application at such 
    time, in such manner, and containing such information as the 
    Secretary may require, including a strategic investment plan that 
    identifies and describes the economic characteristics of the target 
    area to be served, the types of business to be assisted using 
    amounts received under the grant and the impact of such assistance 
    on low-income individuals; and
        (4) have secured one or more commitments from local sources for 
    contributions (either in cash or in kind, letters of credit, or 
    letters of commitment) in an amount that is equal to at least 10 
    percent of the amounts requested in the application submitted under 
    paragraph (2).
    (c) Use of the Revolving Loan Fund.--
        (1) In general.--A revolving loan fund established or 
    maintained with amounts received under this section may be utilized 
    to provide financial and technical assistance, loans, loan 
    guarantees or investments to private business enterprises to--
            (A) finance projects intended to provide business and 
        employment opportunities for low-income individuals and to 
        improve the quality of life in urban and rural areas; and
            (B) build and expand the capacity of emerging community 
        development corporations and serve the economic needs of local 
        residents.
        (2) Technical assistance.--The Secretary shall encourage 
    emerging community development corporations that receive grants 
    under this section to seek technical assistance from established 
    community development corporations, with expertise in the planning, 
    development and management of economic development projects and 
    shall facilitate the receipt of such assistance.
        (3) Limitation.--Not to exceed 10 percent of the amounts 
    received under this section by a grantee shall be used for 
    training, technical assistance and administrative purposes.
    (d) Use of Proceeds From Investments.--Proceeds derived from 
investments made with amounts provided under this section may be 
utilized only for the purposes described in this subtitle and shall be 
reinvested in the community in which they were generated.
    (e) Amounts Available.--Amounts provided under this section to a 
community development corporation shall not exceed $500,000 per year.

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 31131. DEFINITIONS.

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

SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 31133. PROHIBITION.

    None of the funds authorized under this subtitle shall be used to 
finance the construction of housing.

             Subtitle O--Urban Recreation and At-Risk Youth

SEC. 31501. PURPOSE OF ASSISTANCE.

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

SEC. 31502. DEFINITIONS.

    Section 1004 of the Urban Park and Recreation Recovery Act of 1978 
is amended by inserting the following new subsection after subsection 
(c) and by redesignating subsections (d) through (j) as (e) through 
(k), respectively:
    ``(d) `at-risk youth recreation grants' means--
        ``(1) rehabilitation grants,
        ``(2) innovation grants, or
        ``(3) matching grants for continuing program support for 
    programs of demonstrated value or success in providing constructive 
    alternatives to youth at risk for engaging in criminal behavior, 
    including grants for operating, or coordinating recreation programs 
    and services;
in neighborhoods and communities with a high prevalence of crime, 
particularly violent crime or crime committed by youthful offenders; in 
addition to the purposes specified in subsection (b), rehabilitation 
grants referred to in paragraph (1) of this subsection may be used for 
the provision of lighting, emergency phones or other capital 
improvements which will improve the security of urban parks;''.

SEC. 31503. CRITERIA FOR SELECTION.

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

SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.

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

SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

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

       Subtitle Q--Community-Based Justice Grants for Prosecutors

SEC. 31701. GRANT AUTHORIZATION.

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

SEC. 31702. USE OF FUNDS.

    Grants made by the Attorney General under this section shall be 
used--
        (1) to fund programs that require the cooperation and 
    coordination of prosecutors, school officials, police, probation 
    officers, youth and social service professionals, and community 
    members in the effort to reduce the incidence of, and increase the 
    successful identification and speed of prosecution of, young 
    violent offenders;
        (2) to fund programs in which prosecutors focus on the 
    offender, not simply the specific offense, and impose 
    individualized sanctions, designed to deter that offender from 
    further antisocial conduct, and impose increasingly serious 
    sanctions on a young offender who continues to commit offenses;
        (3) to fund programs that coordinate criminal justice resources 
    with educational, social service, and community resources to 
    develop and deliver violence prevention programs, including 
    mediation and other conflict resolution methods, treatment, 
    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.

                      CHAPTER 1--GRANTS TO STATES

SEC. 31911. AUTHORITY TO MAKE GRANTS.

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

SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.

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

SEC. 31913. REPORT.

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

  CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.

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

SEC. 31922. REQUIREMENTS.

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

        Subtitle T--Substance Abuse Treatment in Federal Prisons

SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.

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

 Subtitle U--Residential Substance Abuse Treatment for State Prisoners

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

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

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

``SEC. 1901. GRANT AUTHORIZATION.

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

              CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES

SEC. 40111. REPEAT OFFENDERS.

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

``Sec. 2247. Repeat offenders

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

``2247. Repeat offenders.''.

SEC. 40112. FEDERAL PENALTIES.

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

SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.

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

``Sec. 2248. Mandatory restitution

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

``2248. Mandatory restitution.''.

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

``Sec. 2259. Mandatory restitution

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

``2259. Mandatory restitution.''.

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

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

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

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

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

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

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

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

``SEC. 2002. STATE GRANTS.

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

``SEC. 2003. DEFINITIONS.

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

``SEC. 2004. GENERAL TERMS AND CONDITIONS.

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

``SEC. 2005. RAPE EXAM PAYMENTS.

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

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

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

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

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

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

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

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

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

SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC 
TRANSPORTATION.
    (a) General Purpose.--There is authorized to be appropriated not to 
exceed $10,000,000, for the Secretary of Transportation (referred to in 
this section as the ``Secretary'') to make capital grants for the 
prevention of crime and to increase security in existing and future 
public transportation systems. None of the provisions of this Act may 
be construed to prohibit the financing of projects under this section 
where law enforcement responsibilities are vested in a local public 
body other than the grant applicant.
    (b) Grants for Lighting, Camera Surveillance, and Security 
Phones.--
        (1) From the sums authorized for expenditure under this section 
    for crime prevention, the Secretary is authorized to make grants 
    and loans to States and local public bodies or agencies for the 
    purpose of increasing the safety of public transportation by--
            (A) increasing lighting within or adjacent to public 
        transportation systems, including bus stops, subway stations, 
        parking lots, or garages;
            (B) increasing camera surveillance of areas within and 
        adjacent to public transportation systems, including bus stops, 
        subway stations, parking lots, or garages;
            (C) providing emergency phone lines to contact law 
        enforcement or security personnel in areas within or adjacent 
        to public transportation systems, including bus stops, subway 
        stations, parking lots, or garages; or
            (D) any other project intended to increase the security and 
        safety of existing or planned public transportation systems.
        (2) From the sums authorized under this section, at least 75 
    percent shall be expended on projects of the type described in 
    subsection (b)(1) (A) and (B).
    (c) Reporting.--All grants under this section are contingent upon 
the filing of a report with the Secretary and the Department of 
Justice, Office of Victims of Crime, showing crime rates in or adjacent 
to public transportation before, and for a 1-year period after, the 
capital improvement. Statistics shall be compiled on the basis of the 
type of crime, sex, race, ethnicity, language, and relationship of 
victim to the offender.
    (d) Increased Federal Share.--Notwithstanding any other provision 
of law, the Federal share under this section for each capital 
improvement project that enhances the safety and security of public 
transportation systems and that is not required by law (including any 
other provision of this Act) shall be 90 percent of the net project 
cost of the project.
    (e) Special Grants for Projects To Study Increasing Security for 
Women.--From the sums authorized under this section, the Secretary 
shall provide grants and loans for the purpose of studying ways to 
reduce violent crimes against women in public transit through better 
design or operation of public transit systems.
    (f) General Requirements.--All grants or loans provided under this 
section shall be subject to the same terms, conditions, requirements, 
and provisions applicable to grants and loans as specified in section 
5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN 
NATIONAL PARKS.
    Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at 
the end the following new section:

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

    ``(a) Availability of Funds.--There are authorized to be 
appropriated out of the Violent Crime Reduction Trust Fund, not to 
exceed $10,000,000, for the Secretary of the Interior to take all 
necessary actions to seek to reduce the incidence of violent crime in 
the National Park System.
    ``(b) Recommendations for Improvement.--The Secretary shall direct 
the chief official responsible for law enforcement within the National 
Park Service to--
        ``(1) compile a list of areas within the National Park System 
    with the highest rates of violent crime;
        ``(2) make recommendations concerning capital improvements, and 
    other measures, needed within the National Park System to reduce 
    the rates of violent crime, including the rate of sexual assault; 
    and
        ``(3) publish the information required by paragraphs (1) and 
    (2) in the Federal Register.
    ``(c) Distribution of Funds.--Based on the recommendations and list 
issued pursuant to subsection (b), the Secretary shall distribute the 
funds authorized by subsection (a) throughout the National Park System. 
Priority shall be given to those areas with the highest rates of sexual 
assault.
    ``(d) Use of Funds.--Funds provided under this section may be 
used--
        ``(1) to increase lighting within or adjacent to National Park 
    System units;
        ``(2) to provide emergency phone lines to contact law 
    enforcement or security personnel in areas within or adjacent to 
    National Park System units;
        ``(3) to increase security or law enforcement personnel within 
    or adjacent to National Park System units; or
        ``(4) for any other project intended to increase the security 
    and safety of National Park System units.''.
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC 
PARKS.
    Section 6 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-8) is amended by adding at the end the following new 
subsection:
    ``(h) Capital Improvement and Other Projects to Reduce Crime.--
        ``(1) Availability of funds.--In addition to assistance for 
    planning projects, and in addition to the projects identified in 
    subsection (e), and from amounts appropriated out of the Violent 
    Crime Reduction Trust Fund, the Secretary may provide financial 
    assistance to the States, not to exceed $15,000,000, for projects 
    or combinations thereof for the purpose of making capital 
    improvements and other measures to increase safety in urban parks 
    and recreation areas, including funds to--
            ``(A) increase lighting within or adjacent to public parks 
        and recreation areas;
            ``(B) provide emergency phone lines to contact law 
        enforcement or security personnel in areas within or adjacent 
        to public parks and recreation areas;
            ``(C) increase security personnel within or adjacent to 
        public parks and recreation areas; and
            ``(D) fund any other project intended to increase the 
        security and safety of public parks and recreation areas.
        ``(2) Eligibility.--In addition to the requirements for project 
    approval imposed by this section, eligibility for assistance under 
    this subsection shall be dependent upon a showing of need. In 
    providing funds under this subsection, the Secretary shall give 
    priority to projects proposed for urban parks and recreation areas 
    with the highest rates of crime and, in particular, to urban parks 
    and recreation areas with the highest rates of sexual assault.
        ``(3) Federal share.--Notwithstanding subsection (c), the 
    Secretary may provide 70 percent improvement grants for projects 
    undertaken by any State for the purposes described in this 
    subsection, and the remaining share of the cost shall be borne by 
    the State.''.

                    CHAPTER 4--NEW EVIDENTIARY RULES

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

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

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

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

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

           CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

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

    Part A of title XIX of the Public Health and Human Services Act (42 
U.S.C. 300w et seq.) is amended by adding at the end the following new 
section:
``SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
    ``(a) Permitted Use.--Notwithstanding section 1904(a)(1), amounts 
transferred by the State for use under this part may be used for rape 
prevention and education programs conducted by rape crisis centers or 
similar nongovernmental nonprofit entities for--
        ``(1) educational seminars;
        ``(2) the operation of hotlines;
        ``(3) training programs for professionals;
        ``(4) the preparation of informational materials; and
        ``(5) other efforts to increase awareness of the facts about, 
    or to help prevent, sexual assault, including efforts to increase 
    awareness in underserved racial, ethnic, and language minority 
    communities.
    ``(b) Targeting of Education Programs.--States providing grant 
monies must ensure that at least 25 percent of the monies are devoted 
to education programs targeted for middle school, junior high school, 
and high school students.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        ``(1) $35,000,000 for fiscal year 1996;
        ``(2) $35,000,000 for fiscal year 1997;
        ``(3) $45,000,000 for fiscal year 1998;
        ``(4) $45,000,000 for fiscal year 1999; and
        ``(5) $45,000,000 for fiscal year 2000.
    ``(d) Limitation.--Funds authorized under this section may only be 
used for providing rape prevention and education programs.
    ``(e) Definition.--For purposes of this section, the term `rape 
prevention and education' includes education and prevention efforts 
directed at offenses committed by offenders who are not known to the 
victim as well as offenders who are known to the victim.
    ``(f) Terms.--The Secretary shall make allotments to each State on 
the basis of the population of the State, and subject to the conditions 
provided in this section and sections 1904 through 1909.''.

SEC. 40152. TRAINING PROGRAMS.

    (a) In General.--The Attorney General, after consultation with 
victim advocates and individuals who have expertise in treating sex 
offenders, shall establish criteria and develop training programs to 
assist probation and parole officers and other personnel who work with 
released sex offenders in the areas of--
        (1) case management;
        (2) supervision; and
        (3) relapse prevention.
    (b) Training Programs.--The Attorney General shall ensure, to the 
extent practicable, that training programs developed under subsection 
(a) are available in geographically diverse locations throughout the 
country.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $1,000,000 for fiscal year 1996; and
        (2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR 
DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
    (a) Study and Development of Model Legislation.--The Attorney 
General shall--
        (1) study and evaluate the manner in which the States have 
    taken measures to protect the confidentiality of communications 
    between sexual assault or domestic violence victims and their 
    therapists or trained counselors;
        (2) develop model legislation that will provide the maximum 
    protection possible for the confidentiality of such communications, 
    within any applicable constitutional limits, taking into account 
    the following factors:
            (A) the danger that counseling programs for victims of 
        sexual assault and domestic violence will be unable to achieve 
        their goal of helping victims recover from the trauma 
        associated with these crimes if there is no assurance that the 
        records of the counseling sessions will be kept confidential;
            (B) consideration of the appropriateness of an absolute 
        privilege for communications between victims of sexual assault 
        or domestic violence and their therapists or trained 
        counselors, in light of the likelihood that such an absolute 
        privilege will provide the maximum guarantee of confidentiality 
        but also in light of the possibility that such an absolute 
        privilege may be held to violate the rights of criminal 
        defendants under the Federal or State constitutions by denying 
        them the opportunity to obtain exculpatory evidence and present 
        it at trial; and
            (C) consideration of what limitations on the disclosure of 
        confidential communications between victims of these crimes and 
        their counselors, short of an absolute privilege, are most 
        likely to ensure that the counseling programs will not be 
        undermined, and specifically whether no such disclosure should 
        be allowed unless, at a minimum, there has been a 
        particularized showing by a criminal defendant of a compelling 
        need for records of such communications, and adequate 
        procedural safeguards are in place to prevent unnecessary or 
        damaging disclosures; and
        (3) prepare and disseminate to State authorities the findings 
    made and model legislation developed as a result of the study and 
    evaluation.
    (b) Report and Recommendations.--Not later than the date that is 1 
year after the date of enactment of this Act, the Attorney General 
shall report to the Congress--
        (1) the findings of the study and the model legislation 
    required by this section; and
        (2) recommendations based on the findings on the need for and 
    appropriateness of further action by the Federal Government.
    (c) Review of Federal Evidentiary Rules.--The Judicial Conference 
of the United States shall evaluate and report to Congress its views on 
whether the Federal Rules of Evidence should be amended, and if so, how 
they should be amended, to guarantee that the confidentiality of 
communications between sexual assault victims and their therapists or 
trained counselors will be adequately protected in Federal court 
proceedings.

SEC. 40154. INFORMATION PROGRAMS.

    The Attorney General shall compile information regarding sex 
offender treatment programs and ensure that information regarding 
community treatment programs in the community into which a convicted 
sex offender is released is made available to each person serving a 
sentence of imprisonment in a Federal penal or correctional institution 
for a commission of an offense under chapter 109A of title 18, United 
States Code, or for the commission of a similar offense, including 
halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF 
RUNAWAY, HOMELESS, AND STREET YOUTH.
    Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et 
seq.) is amended--
        (1) by redesignating sections 316 and 317 as sections 317 and 
    318, respectively; and
        (2) by inserting after section 315 the following new section:


         ``grants for prevention of sexual abuse and exploitation

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

SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.

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

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

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

                    Subtitle B--Safe Homes for Women

SEC. 40201. SHORT TITLE.

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

             CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE

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

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

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

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

                   CHAPTER 2--INTERSTATE ENFORCEMENT

SEC. 40221. INTERSTATE ENFORCEMENT.

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

                   ``CHAPTER 110A--DOMESTIC VIOLENCE

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

``Sec. 2261. Interstate domestic violence

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

``Sec. 2262. Interstate violation of protection order

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

``Sec. 2263. Pretrial release of defendant

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

``Sec. 2264. Restitution

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

``Sec. 2265. Full faith and credit given to protection orders

    ``(a) Full Faith and Credit.--Any protection order issued that is 
consistent with subsection (b) of this section by the court of one 
State or Indian tribe (the issuing State or Indian tribe) shall be 
accorded full faith and credit by the court of another State or Indian 
tribe (the enforcing State or Indian tribe) and enforced as if it were 
the order of the enforcing State or tribe.
    ``(b) Protection Order.--A protection order issued by a State or 
tribal court is consistent with this subsection if--
        ``(1) such court has jurisdiction over the parties and matter 
    under the law of such State or Indian tribe; and
        ``(2) reasonable notice and opportunity to be heard is given to 
    the person against whom the order is sought sufficient to protect 
    that person's right to due process. In the case of ex parte orders, 
    notice and opportunity to be heard must be provided within the time 
    required by State or tribal law, and in any event within a 
    reasonable time after the order is issued, sufficient to protect 
    the respondent's due process rights.
    ``(c) Cross or Counter Petition.--A protection order issued by a 
State or tribal court against one who has petitioned, filed a 
complaint, or otherwise filed a written pleading for protection against 
abuse by a spouse or intimate partner is not entitled to full faith and 
credit if--
        ``(1) no cross or counter petition, complaint, or other written 
    pleading was filed seeking such a protection order; or
        ``(2) a cross or counter petition has been filed and the court 
    did not make specific findings that each party was entitled to such 
    an order.

``Sec. 2266. Definitions

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

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

         CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES

SEC. 40231. ENCOURAGING ARREST POLICIES.

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

             ``PART U--GRANTS TO ENCOURAGE ARREST POLICIES

``SEC. 2101. GRANTS.

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

``SEC. 2102. APPLICATIONS.

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

``SEC. 2103. REPORTS.

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

``SEC. 2104. REGULATIONS OR GUIDELINES.

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

``SEC. 2105. DEFINITIONS.

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

              ``Part U--Grants to Encourage Arrest Policies

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

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

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

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

                       CHAPTER 4--SHELTER GRANTS

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

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

                       CHAPTER 5--YOUTH EDUCATION

SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

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

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

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

           CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

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

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

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

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

   CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS

SEC. 40271. GRANTEE REPORTING.

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

SEC. 40272. TECHNICAL AMENDMENTS.

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

             CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS

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

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

                      CHAPTER 9--DATA AND RESEARCH

SEC. 40291. RESEARCH AGENDA.

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

SEC. 40292. STATE DATABASES.

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

SEC. 40293. NUMBER AND COST OF INJURIES.

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

    CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
ASSISTANCE.
    (a) Grants.--The Attorney General may make grants to States, Indian 
tribal governments, and local governments of rural States, and to other 
public or private entities of rural States--
        (1) to implement, expand, and establish cooperative efforts and 
    projects between law enforcement officers, prosecutors, victim 
    advocacy groups, and other related parties to investigate and 
    prosecute incidents of domestic violence and child abuse;
        (2) to provide treatment and counseling to victims of domestic 
    violence and child abuse; and
        (3) to work in cooperation with the community to develop 
    education and prevention strategies directed toward such issues.
    (b) Definitions.--In this section--
        ``Indian tribe'' means a tribe, band, pueblo, nation, or other 
    organized group or community of Indians, including an Alaska Native 
    village (as defined in or established under the Alaska Native 
    Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized 
    as eligible for the special programs and services provided by the 
    United States to Indians because of their status as Indians.
        ``rural State'' has the meaning stated in section 1501(b) of 
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 
    (42 U.S.C. 3796bb(B)).
    (c) Authorization of Appropriations.--
        (1) In general.--There are authorized to be appropriated to 
    carry out this section--
            (A) $7,000,000 for fiscal year 1996;
            (B) $8,000,000 for fiscal year 1997; and
            (C) $15,000,000 for fiscal year 1998.
        (2) Additional funding.--In addition to funds received under a 
    grant under subsection (a), a law enforcement agency may use funds 
    received under a grant under section 103 to accomplish the 
    objectives of this section.

                   Subtitle C--Civil Rights for Women

SEC. 40301. SHORT TITLE.

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

SEC. 40302. CIVIL RIGHTS.

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

SEC. 40303. ATTORNEY'S FEES.

    Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in 
the last sentence--
        (1) by striking ``or'' after ``Public Law 92-318,''; and
        (2) by inserting ``, or section 40302 of the Violence Against 
    Women Act of 1994,'' after ``1964''.
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF 
RAPE VICTIMS.
    It is the sense of the Senate that news media, law enforcement 
officers, and other persons should exercise restraint and respect a 
rape victim's privacy by not disclosing the victim's identity to the 
general public or facilitating such disclosure without the consent of 
the victim.

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

SEC. 40401. SHORT TITLE.

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

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

SEC. 40411. GRANTS AUTHORIZED.

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

SEC. 40412. TRAINING PROVIDED BY GRANTS.

    Training provided pursuant to grants made under this subtitle may 
include current information, existing studies, or current data on--
        (1) the nature and incidence of rape and sexual assault by 
    strangers and nonstrangers, marital rape, and incest;
        (2) the underreporting of rape, sexual assault, and child 
    sexual abuse;
        (3) the physical, psychological, and economic impact of rape 
    and sexual assault on the victim, the costs to society, and the 
    implications for sentencing;
        (4) the psychology of sex offenders, their high rate of 
    recidivism, and the implications for sentencing;
        (5) the historical evolution of laws and attitudes on rape and 
    sexual assault;
        (6) sex stereotyping of female and male victims of rape and 
    sexual assault, racial stereotyping of rape victims and defendants, 
    and the impact of such stereotypes on credibility of witnesses, 
    sentencing, and other aspects of the administration of justice;
        (7) application of rape shield laws and other limits on 
    introduction of evidence that may subject victims to improper sex 
    stereotyping and harassment in both rape and nonrape cases, 
    including the need for sua sponte judicial intervention in 
    inappropriate cross-examination;
        (8) the use of expert witness testimony on rape trauma 
    syndrome, child sexual abuse accommodation syndrome, post-traumatic 
    stress syndrome, and similar issues;
        (9) the legitimate reasons why victims of rape, sexual assault, 
    and incest may refuse to testify against a defendant;
        (10) the nature and incidence of domestic violence;
        (11) the physical, psychological, and economic impact of 
    domestic violence on the victim, the costs to society, and the 
    implications for court procedures and sentencing;
        (12) the psychology and self-presentation of batterers and 
    victims and the implications for court proceedings and credibility 
    of witnesses;
        (13) sex stereotyping of female and male victims of domestic 
    violence, myths about presence or absence of domestic violence in 
    certain racial, ethnic, religious, or socioeconomic groups, and 
    their impact on the administration of justice;
        (14) historical evolution of laws and attitudes on domestic 
    violence;
        (15) proper and improper interpretations of the defenses of 
    self-defense and provocation, and the use of expert witness 
    testimony on battered woman syndrome;
        (16) the likelihood of retaliation, recidivism, and escalation 
    of violence by batterers, and the potential impact of incarceration 
    and other meaningful sanctions for acts of domestic violence 
    including violations of orders of protection;
        (17) economic, psychological, social and institutional reasons 
    for victims' inability to leave the batterer, to report domestic 
    violence or to follow through on complaints, including the 
    influence of lack of support from police, judges, and court 
    personnel, and the legitimate reasons why victims of domestic 
    violence may refuse to testify against a defendant;
        (18) the need for orders of protection, and the implications of 
    mutual orders of protection, dual arrest policies, and mediation in 
    domestic violence cases; and
        (19) recognition of and response to gender-motivated crimes of 
    violence other than rape, sexual assault and domestic violence, 
    such as mass or serial murder motivated by the gender of the 
    victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER 
THIS TITLE.
    The State Justice Institute shall ensure that model programs 
carried out pursuant to grants made under this subtitle are developed 
with the participation of law enforcement officials, public and private 
nonprofit victim advocates, legal experts, prosecutors, defense 
attorneys, and recognized experts on gender bias in the courts.

SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.

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

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

SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING 
GRANTS.
    (a) Studies.--In order to gain a better understanding of the nature 
and the extent of gender bias in the Federal courts, the circuit 
judicial councils are encouraged to conduct studies of the instances, 
if any, of gender bias in their respective circuits and to implement 
recommended reforms.
    (b) Matters for Examination.--The studies under subsection (a) may 
include an examination of the effects of gender on--
        (1) the treatment of litigants, witnesses, attorneys, jurors, 
    and judges in the courts, including before magistrate and 
    bankruptcy judges;
        (2) the interpretation and application of the law, both civil 
    and criminal;
        (3) treatment of defendants in criminal cases;
        (4) treatment of victims of violent crimes in judicial 
    proceedings;
        (5) sentencing;
        (6) sentencing alternatives and the nature of supervision of 
    probation and parole;
        (7) appointments to committees of the Judicial Conference and 
    the courts;
        (8) case management and court sponsored alternative dispute 
    resolution programs;
        (9) the selection, retention, promotion, and treatment of 
    employees;
        (10) appointment of arbitrators, experts, and special masters;
        (11) the admissibility of the victim's past sexual history in 
    civil and criminal cases; and
        (12) the aspects of the topics listed in section 40412 that 
    pertain to issues within the jurisdiction of the Federal courts.
    (c) Clearinghouse.--The Administrative Office of the United States 
Courts shall act as a clearinghouse to disseminate any reports and 
materials issued by the gender bias task forces under subsection (a) 
and to respond to requests for such reports and materials. The gender 
bias task forces shall provide the Administrative Office of the Courts 
of the United States with their reports and related material.
    (d) Model Programs.--The Federal Judicial Center, in carrying out 
section 620(b)(3) of title 28, United States Code, may--
        (1) include in the educational programs it presents and 
    prepares, including the training programs for newly appointed 
    judges, information on issues related to gender bias in the courts 
    including such areas as are listed in subsection (a) along with 
    such other topics as the Federal Judicial Center deems appropriate;
        (2) prepare materials necessary to implement this subsection; 
    and
        (3) take into consideration the findings and recommendations of 
    the studies conducted pursuant to subsection (a), and to consult 
    with individuals and groups with relevant expertise in gender bias 
    issues as it prepares or revises such materials.

SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle E--Violence Against Women Act Improvements

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

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

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

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

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

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

SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.

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

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

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

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

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

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

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

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

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

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

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

      Subtitle F--National Stalker and Domestic Violence Reduction

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

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

SEC. 40602. GRANT PROGRAM.

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

SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 40604. APPLICATION REQUIREMENTS.

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

SEC. 40605. DISBURSEMENT.

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

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

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

SEC. 40607. TRAINING PROGRAMS FOR JUDGES.

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

SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.

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

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

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

SEC. 40610. REPORT TO CONGRESS.

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

SEC. 40611. DEFINITIONS.

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

   Subtitle G--Protections for Battered Immigrant Women and Children

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

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

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

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

SEC. 40703. SUSPENSION OF DEPORTATION.

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

                          TITLE V--DRUG COURTS

SEC. 50001. DRUG COURTS.

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

                         ``PART V--DRUG COURTS

``SEC. 2201. GRANT AUTHORITY.

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

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

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

``SEC. 2203. DEFINITION.

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

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

``SEC. 2204. ADMINISTRATION.

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

``SEC. 2205. APPLICATIONS.

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

``SEC. 2206. FEDERAL SHARE.

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

``SEC. 2207. GEOGRAPHIC DISTRIBUTION.

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

``SEC. 2208. REPORT.

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

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

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

                          ``Part V--Drug Courts

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

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

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

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

SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.

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

                        TITLE VI--DEATH PENALTY

SEC. 60001. SHORT TITLE.

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

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

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

                     ``CHAPTER 228--DEATH SENTENCE

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

``Sec. 3591. Sentence of death

    ``(a) A defendant who has been found guilty of--
        ``(1) an offense described in section 794 or section 2381; or
        ``(2) any other offense for which a sentence of death is 
    provided, if the defendant, as determined beyond a reasonable doubt 
    at the hearing under section 3593--
            ``(A) intentionally killed the victim;
            ``(B) intentionally inflicted serious bodily injury that 
        resulted in the death of the victim;
            ``(C) intentionally participated in an act, contemplating 
        that the life of a person would be taken or intending that 
        lethal force would be used in connection with a person, other 
        than one of the participants in the offense, and the victim 
        died as a direct result of the act; or
            ``(D) intentionally and specifically engaged in an act of 
        violence, knowing that the act created a grave risk of death to 
        a person, other than one of the participants in the offense, 
        such that participation in the act constituted a reckless 
        disregard for human life and the victim died as a direct result 
        of the act,
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified, except that no person may be sentenced to death who was 
less than 18 years of age at the time of the offense.
    ``(b) A defendant who has been found guilty of--
        ``(1) an offense referred to in section 408(c)(1) of the 
    Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part 
    of a continuing criminal enterprise offense under the conditions 
    described in subsection (b) of that section which involved not less 
    than twice the quantity of controlled substance described in 
    subsection (b)(2)(A) or twice the gross receipts described in 
    subsection (b)(2)(B); or
        ``(2) an offense referred to in section 408(c)(1) of the 
    Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part 
    of a continuing criminal enterprise offense under that section, 
    where the defendant is a principal administrator, organizer, or 
    leader of such an enterprise, and the defendant, in order to 
    obstruct the investigation or prosecution of the enterprise or an 
    offense involved in the enterprise, attempts to kill or knowingly 
    directs, advises, authorizes, or assists another to attempt to kill 
    any public officer, juror, witness, or members of the family or 
    household of such a person,
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified, except that no person may be sentenced to death who was 
less than 18 years of age at the time of the offense.

``Sec. 3592. Mitigating and aggravating factors to be considered in 
            determining whether a sentence of death is justified

    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is to be imposed on a defendant, the finder of fact shall 
consider any mitigating factor, including the following:
        ``(1) Impaired capacity.--The defendant's capacity to 
    appreciate the wrongfulness of the defendant's conduct or to 
    conform conduct to the requirements of law was significantly 
    impaired, regardless of whether the capacity was so impaired as to 
    constitute a defense to the charge.
        ``(2) Duress.--The defendant was under unusual and substantial 
    duress, regardless of whether the duress was of such a degree as to 
    constitute a defense to the charge.
        ``(3) Minor participation.--The defendant is punishable as a 
    principal in the offense, which was committed by another, but the 
    defendant's participation was relatively minor, regardless of 
    whether the participation was so minor as to constitute a defense 
    to the charge.
        ``(4) Equally culpable defendants.--Another defendant or 
    defendants, equally culpable in the crime, will not be punished by 
    death.
        ``(5) No prior criminal record.--The defendant did not have a 
    significant prior history of other criminal conduct.
        ``(6) Disturbance.--The defendant committed the offense under 
    severe mental or emotional disturbance.
        ``(7) Victim's consent.--The victim consented to the criminal 
    conduct that resulted in the victim's death.
        ``(8) Other factors.--Other factors in the defendant's 
    background, record, or character or any other circumstance of the 
    offense that mitigate against imposition of the death sentence.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(a)(1), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors for 
which notice has been given and determine which, if any, exist:
        ``(1) Prior espionage or treason offense.--The defendant has 
    previously been convicted of another offense involving espionage or 
    treason for which a sentence of either life imprisonment or death 
    was authorized by law.
        ``(2) Grave risk to national security.--In the commission of 
    the offense the defendant knowingly created a grave risk of 
    substantial danger to the national security.
        ``(3) Grave risk of death.--In the commission of the offense 
    the defendant knowingly created a grave risk of death to another 
    person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.
    ``(c) Aggravating Factors for Homicide.--In determining whether a 
sentence of death is justified for an offense described in section 
3591(a)(2), the jury, or if there is no jury, the court, shall consider 
each of the following aggravating factors for which notice has been 
given and determine which, if any, exist:
        ``(1) Death during commission of another crime.--The death, or 
    injury resulting in death, occurred during the commission or 
    attempted commission of, or during the immediate flight from the 
    commission of, an offense under section 32 (destruction of aircraft 
    or aircraft facilities), section 33 (destruction of motor vehicles 
    or motor vehicle facilities), section 36 (violence at international 
    airports), section 351 (violence against Members of Congress, 
    Cabinet officers, or Supreme Court Justices), an offense under 
    section 751 (prisoners in custody of institution or officer), 
    section 794 (gathering or delivering defense information to aid 
    foreign government), section 844(d) (transportation of explosives 
    in interstate commerce for certain purposes), section 844(f) 
    (destruction of Government property by explosives), section 1118 
    (prisoners serving life term), section 1201 (kidnaping), section 
    844(i) (destruction of property affecting interstate commerce by 
    explosives), section 1116 (killing or attempted killing of 
    diplomats), section 1203 (hostage taking), section 1992 (wrecking 
    trains), section 2280 (maritime violence), section 2281 (maritime 
    platform violence), section 2332 (terrorist acts abroad against 
    United States nationals), section 2339 (use of weapons of mass 
    destruction), or section 2381 (treason) of this title, or section 
    46502 of title 49, United States Code (aircraft piracy).
        ``(2) Previous conviction of violent felony involving 
    firearm.--For any offense, other than an offense for which a 
    sentence of death is sought on the basis of section 924(c), the 
    defendant has previously been convicted of a Federal or State 
    offense punishable by a term of imprisonment of more than 1 year, 
    involving the use or attempted or threatened use of a firearm (as 
    defined in section 921) against another person.
        ``(3) Previous conviction of offense for which a sentence of 
    death or life imprisonment was authorized.--The defendant has 
    previously been convicted of another Federal or State offense 
    resulting in the death of a person, for which a sentence of life 
    imprisonment or a sentence of death was authorized by statute.
        ``(4) Previous conviction of other serious offenses.--The 
    defendant has previously been convicted of 2 or more Federal or 
    State offenses, punishable by a term of imprisonment of more than 1 
    year, committed on different occasions, involving the infliction 
    of, or attempted infliction of, serious bodily injury or death upon 
    another person.
        ``(5) Grave risk of death to additional persons.--The 
    defendant, in the commission of the offense, or in escaping 
    apprehension for the violation of the offense, knowingly created a 
    grave risk of death to 1 or more persons in addition to the victim 
    of the offense.
        ``(6) Heinous, cruel, or depraved manner of committing 
    offense.--The defendant committed the offense in an especially 
    heinous, cruel, or depraved manner in that it involved torture or 
    serious physical abuse to the victim.
        ``(7) Procurement of offense by payment.--The defendant 
    procured the commission of the offense by payment, or promise of 
    payment, of anything of pecuniary value.
        ``(8) Pecuniary gain.--The defendant committed the offense as 
    consideration for the receipt, or in the expectation of the 
    receipt, of anything of pecuniary value.
        ``(9) Substantial planning and premeditation.--The defendant 
    committed the offense after substantial planning and premeditation 
    to cause the death of a person or commit an act of terrorism.
        ``(10) Conviction for two felony drug offenses.--The defendant 
    has previously been convicted of 2 or more State or Federal 
    offenses punishable by a term of imprisonment of more than one 
    year, committed on different occasions, involving the distribution 
    of a controlled substance.
        ``(11) Vulnerability of victim.--The victim was particularly 
    vulnerable due to old age, youth, or infirmity.
        ``(12) Conviction for serious federal drug offenses.--The 
    defendant had previously been convicted of violating title II or 
    III of the Controlled Substances Act for which a sentence of 5 or 
    more years may be imposed or had previously been convicted of 
    engaging in a continuing criminal enterprise.
        ``(13) Continuing criminal enterprise involving drug sales to 
    minors.--The defendant committed the offense in the course of 
    engaging in a continuing criminal enterprise in violation of 
    section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c)), 
    and that violation involved the distribution of drugs to persons 
    under the age of 21 in violation of section 418 of that Act (21 
    U.S.C. 859).
        ``(14) High public officials.--The defendant committed the 
    offense against--
            ``(A) the President of the United States, the President-
        elect, the Vice President, the Vice President-elect, the Vice 
        President-designate, or, if there is no Vice President, the 
        officer next in order of succession to the office of the 
        President of the United States, or any person who is acting as 
        President under the Constitution and laws of the United States;
            ``(B) a chief of state, head of government, or the 
        political equivalent, of a foreign nation;
            ``(C) a foreign official listed in section 1116(b)(3)(A), 
        if the official is in the United States on official business; 
        or
            ``(D) a Federal public servant who is a judge, a law 
        enforcement officer, or an employee of a United States penal or 
        correctional institution--
                ``(i) while he or she is engaged in the performance of 
            his or her official duties;
                ``(ii) because of the performance of his or her 
            official duties; or
                ``(iii) because of his or her status as a public 
            servant.
        For purposes of this subparagraph, a `law enforcement officer' 
        is a public servant authorized by law or by a Government agency 
        or Congress to conduct or engage in the prevention, 
        investigation, or prosecution or adjudication of an offense, 
        and includes those engaged in corrections, parole, or probation 
        functions.
        ``(15) Prior conviction of sexual assault or child 
    molestation.--In the case of an offense under chapter 109A (sexual 
    abuse) or chapter 110 (sexual abuse of children), the defendant has 
    previously been convicted of a crime of sexual assault or crime of 
    child molestation.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.
    ``(d) Aggravating Factors for Drug Offense Death Penalty.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(b), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors for 
which notice has been given and determine which, if any, exist:
        ``(1) Previous conviction of offense for which a sentence of 
    death or life imprisonment was authorized.--The defendant has 
    previously been convicted of another Federal or State offense 
    resulting in the death of a person, for which a sentence of life 
    imprisonment or death was authorized by statute.
        ``(2) Previous conviction of other serious offenses.--The 
    defendant has previously been convicted of two or more Federal or 
    State offenses, each punishable by a term of imprisonment of more 
    than one year, committed on different occasions, involving the 
    importation, manufacture, or distribution of a controlled substance 
    (as defined in section 102 of the Controlled Substances Act (21 
    U.S.C. 802)) or the infliction of, or attempted infliction of, 
    serious bodily injury or death upon another person.
        ``(3) Previous serious drug felony conviction.--The defendant 
    has previously been convicted of another Federal or State offense 
    involving the manufacture, distribution, importation, or possession 
    of a controlled substance (as defined in section 102 of the 
    Controlled Substances Act (21 U.S.C. 802)) for which a sentence of 
    five or more years of imprisonment was authorized by statute.
        ``(4) Use of firearm.--In committing the offense, or in 
    furtherance of a continuing criminal enterprise of which the 
    offense was a part, the defendant used a firearm or knowingly 
    directed, advised, authorized, or assisted another to use a firearm 
    to threaten, intimidate, assault, or injure a person.
        ``(5) Distribution to persons under 21.--The offense, or a 
    continuing criminal enterprise of which the offense was a part, 
    involved conduct proscribed by section 418 of the Controlled 
    Substances Act (21 U.S.C. 859) which was committed directly by the 
    defendant.
        ``(6) Distribution near schools.--The offense, or a continuing 
    criminal enterprise of which the offense was a part, involved 
    conduct proscribed by section 419 of the Controlled Substances Act 
    (21 U.S.C. 860) which was committed directly by the defendant.
        ``(7) Using minors in trafficking.--The offense, or a 
    continuing criminal enterprise of which the offense was a part, 
    involved conduct proscribed by section 420 of the Controlled 
    Substances Act (21 U.S.C. 861) which was committed directly by the 
    defendant.
        ``(8) Lethal adulterant.--The offense involved the importation, 
    manufacture, or distribution of a controlled substance (as defined 
    in section 102 of the Controlled Substances Act (21 U.S.C. 802)), 
    mixed with a potentially lethal adulterant, and the defendant was 
    aware of the presence of the adulterant.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor for which notice has been given exists.

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

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

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

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

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

    ``Upon a recommendation under section 3593(e) that the defendant 
should be sentenced to death or life imprisonment without possibility 
of release, the court shall sentence the defendant accordingly. 
Otherwise, the court shall impose any lesser sentence that is 
authorized by law. Notwithstanding any other law, if the maximum term 
of imprisonment for the offense is life imprisonment, the court may 
impose a sentence of life imprisonment without possibility of release.

``Sec. 3595. Review of a sentence of death

    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal must be filed within the time 
specified for the filing of a notice of appeal. An appeal under this 
section may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
        ``(1) the evidence submitted during the trial;
        ``(2) the information submitted during the sentencing hearing;
        ``(3) the procedures employed in the sentencing hearing; and
        ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
        ``(1) The court of appeals shall address all substantive and 
    procedural issues raised on the appeal of a sentence of death, and 
    shall consider whether the sentence of death was imposed under the 
    influence of passion, prejudice, or any other arbitrary factor and 
    whether the evidence supports the special finding of the existence 
    of an aggravating factor required to be considered under section 
    3592.
        ``(2) Whenever the court of appeals finds that--
            ``(A) the sentence of death was imposed under the influence 
        of passion, prejudice, or any other arbitrary factor;
            ``(B) the admissible evidence and information adduced does 
        not support the special finding of the existence of the 
        required aggravating factor; or
            ``(C) the proceedings involved any other legal error 
        requiring reversal of the sentence that was properly preserved 
        for appeal under the rules of criminal procedure,

    the court shall remand the case for reconsideration under section 
    3593 or imposition of a sentence other than death. The court of 
    appeals shall not reverse or vacate a sentence of death on account 
    of any error which can be harmless, including any erroneous special 
    finding of an aggravating factor, where the Government establishes 
    beyond a reasonable doubt that the error was harmless.
        ``(3) The court of appeals shall state in writing the reasons 
    for its disposition of an appeal of a sentence of death under this 
    section.

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

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

``Sec. 3597. Use of State facilities

    ``(a) In General.--A United States marshal charged with supervising 
the implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
    ``(b) Excuse of an Employee on Moral or Religious Grounds.--No 
employee of any State department of corrections, the United States 
Department of Justice, the Federal Bureau of Prisons, or the United 
States Marshals Service, and no employee providing services to that 
department, bureau, or service under contract shall be required, as a 
condition of that employment or contractual obligation, to be in 
attendance at or to participate in any prosecution or execution under 
this section if such participation is contrary to the moral or 
religious convictions of the employee. In this subsection, 
`participation in executions' includes personal preparation of the 
condemned individual and the apparatus used for execution and 
supervision of the activities of other personnel in carrying out such 
activities.

``Sec. 3598. Special provisions for Indian country

    ``Notwithstanding sections 1152 and 1153, no person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to a capital sentence under this chapter for any offense the Federal 
jurisdiction for which is predicated solely on Indian country (as 
defined in section 1151 of this title) and which has occurred within 
the boundaries of Indian country, unless the governing body of the 
tribe has elected that this chapter have effect over land and persons 
subject to its criminal jurisdiction.''.
    (b) Technical Amendment.--The part analysis for part II of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 227 the following new item:

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

SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
    (a) Conforming Changes in Title 18.--Title 18, United States Code, 
is amended as follows:
        (1) Aircraft and motor vehicles.--Section 34 of title 18, 
    United States Code, is amended by striking the comma after 
    ``imprisonment for life'', inserting a period, and striking the 
    remainder of the section.
        (2) Espionage.--Section 794(a) of title 18, United States Code, 
    is amended by striking the period at the end of the section and 
    inserting ``, except that the sentence of death shall not be 
    imposed unless the jury or, if there is no jury, the court, further 
    finds that the offense resulted in the identification by a foreign 
    power (as defined in section 101(a) of the Foreign Intelligence 
    Surveillance Act of 1978) of an individual acting as an agent of 
    the United States and consequently in the death of that individual, 
    or directly concerned nuclear weaponry, military spacecraft or 
    satellites, early warning systems, or other means of defense or 
    retaliation against large-scale attack; war plans; communications 
    intelligence or cryptographic information; or any other major 
    weapons system or major element of defense strategy.''.
        (3) Explosive materials.--(A) Section 844(d) of title 18, 
    United States Code, is amended by striking ``as provided in section 
    34 of this title''.
        (B) Section 844(f) of title 18, United States Code, is amended 
    by striking ``as provided in section 34 of this title''.
        (C) Section 844(i) of title 18, United States Code, is amended 
    by striking ``as provided in section 34 of this title''.
        (4) Murder.--The second undesignated paragraph of section 
    1111(b) of title 18, United States Code, is amended to read as 
    follows:
        ``Whoever is guilty of murder in the first degree shall be 
    punished by death or by imprisonment for life;''.
        (5) Killing of foreign official.--Section 1116(a) of title 18, 
    United States Code, is amended by striking ``any such person who is 
    found guilty of murder in the first degree shall be sentenced to 
    imprisonment for life, and''.
        (6) Kidnapping.--Section 1201(a) of title 18, United States 
    Code, is amended by inserting after ``or for life'' the following: 
    ``and, if the death of any person results, shall be punished by 
    death or life imprisonment''.
        (7) Nonmailable injurious articles.--The last paragraph of 
    section 1716 of title 18, United States Code, is amended by 
    striking the comma after ``imprisonment for life'' and inserting a 
    period and striking the remainder of the paragraph.
        (8) Wrecking trains.--The second to the last undesignated 
    paragraph of section 1992 of title 18, United States Code, is 
    amended by striking the comma after ``imprisonment for life'', 
    inserting a period, and striking the remainder of the section.
        (9) Bank robbery.--Section 2113(e) of title 18, United States 
    Code, is amended by striking ``or punished by death if the verdict 
    of the jury shall so direct'' and inserting ``or if death results 
    shall be punished by death or life imprisonment''.
        (10) Hostage taking.--Section 1203(a) of title 18, United 
    States Code, is amended by inserting after ``or for life'' the 
    following: ``and, if the death of any person results, shall be 
    punished by death or life imprisonment''.
        (11) Murder for hire.--Section 1958 of title 18, United States 
    Code, is amended by striking ``and if death results, shall be 
    subject to imprisonment for any term of years or for life, or shall 
    be fined not more than $50,000, or both'' and inserting ``and if 
    death results, shall be punished by death or life imprisonment, or 
    shall be fined not more than $250,000, or both''.
        (12) Racketeering.--Section 1959(a)(1) of title 18, United 
    States Code, is amended to read as follows:
        ``(1) for murder, by death or life imprisonment, or a fine of 
    not more than $250,000, or both; and for kidnapping, by 
    imprisonment for any term of years or for life, or a fine of not 
    more than $250,000, or both;''.
        (13) Genocide.--Section 1091(b)(1) of title 18, United States 
    Code, is amended by striking ``a fine of not more than $1,000,000 
    or imprisonment for life,'' and inserting ``, where death results, 
    by death or imprisonment for life and a fine of not more than 
    $1,000,000, or both;''.
        (14) Carjacking.--Section 2119(3) of title 18, United States 
    Code, is amended by striking the period after ``both'' and 
    inserting ``, or sentenced to death.''; and by striking ``, 
    possessing a firearm as defined in section 921 of this title,'' and 
    inserting ``, with the intent to cause death or serious bodily 
    harm''.
    (b) Conforming Amendment to Federal Aviation Act of 1954.--Chapter 
465 of title 49, United States Code, is amended--
        (1) in the chapter analysis by striking ``Death penalty 
    sentencing procedure for aircraft piracy'' and inserting 
    ``Repealed''; and
        (2) by striking section 46503.

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

    Chapter 228 of title 18, United States Code, as added by this 
title, shall not apply to prosecutions under the Uniform Code of 
Military Justice (10 U.S.C. 801).

SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.

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

``Sec. 1118. Murder by a Federal prisoner

    ``(a) Offense.--A person who, while confined in a Federal 
correctional institution under a sentence for a term of life 
imprisonment, commits the murder of another shall be punished by death 
or by life imprisonment.
    ``(b) Definitions.--In this section--
        ```Federal correctional institution' means any Federal prison, 
    Federal correctional facility, Federal community program center, or 
    Federal halfway house.
        ```murder' means a first degree or second degree murder (as 
    defined in section 1111).
        ```term of life imprisonment' means a sentence for the term of 
    natural life, a sentence commuted to natural life, an indeterminate 
    term of a minimum of at least fifteen years and a maximum of life, 
    or an unexecuted sentence of death.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:
``1118. Murder by a Federal prisoner.''.

SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking the period at the end of the last 
sentence and inserting ``, or may be sentenced to death.''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended by striking the period at the end of 
the last sentence and inserting ``, or may be sentenced to death.''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended in the matter following paragraph (5) by 
inserting ``, or may be sentenced to death'' after ``or for life''.
    (d) Damage to Religious Property; Obstruction of the Free Exercise 
of Religious Rights.--Section 247(c)(1) of title 18, United States 
Code, is amended by inserting ``, or may be sentenced to death'' after 
``or both''.
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT 
OFFICIALS.
    Section 1114 of title 18, United States Code, is amended by 
striking ``punished as provided under sections 1111 and 1112 of this 
title,'' and inserting ``punished, in the case of murder, as provided 
under section 1111, or, in the case of manslaughter, as provided under 
section 1112.''.
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO 
FURTHER DRUG CONSPIRACIES.
    (a) Short Title.--This section may be cited as the ``Drive-By 
Shooting Prevention Act of 1994''.
    (b) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following new section:

``Sec. 36. Drive-by shooting

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

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

SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.

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

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

    ``(a) Definition.--In this section, `national of the United States' 
has the meaning stated in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)).
    ``(b) Offense.--A person who, being a national of the United 
States, kills or attempts to kill a national of the United States while 
such national is outside the United States but within the jurisdiction 
of another country shall be punished as provided under sections 1111, 
1112, and 1113.
    ``(c) Limitations on Prosecution.--(1) No prosecution may be 
instituted against any person under this section except upon the 
written approval of the Attorney General, the Deputy Attorney General, 
or an Assistant Attorney General, which function of approving 
prosecutions may not be delegated. No prosecution shall be approved if 
prosecution has been previously undertaken by a foreign country for the 
same conduct.
    ``(2) No prosecution shall be approved under this section unless 
the Attorney General, in consultation with the Secretary of State, 
determines that the conduct took place in a country in which the person 
is no longer present, and the country lacks the ability to lawfully 
secure the person's return. A determination by the Attorney General 
under this paragraph is not subject to judicial review.''.
    (b) Technical Amendments.--(1) Section 1117 of title 18, United 
States Code, is amended by striking ``or 1116'' and inserting ``1116, 
or 1119''.
    (2) The chapter analysis for chapter 51 of title 18, United States 
Code, as amended by section 60005(a), is amended by adding at the end 
the following new item:

``1119. Foreign murder of United States nationals.''.
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
    (a) Offense.--Chapter 109A of title 18, United States Code, is 
amended--
        (1) by redesignating section 2245 as section 2246; and
        (2) by inserting after section 2244 the following new section:

``Sec. 2245. Sexual abuse resulting in death

    ``A person who, in the course of an offense under this chapter, 
engages in conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for life.''.
    (b) Technical Amendments.--The chapter analysis for chapter 109A of 
title 18, United States Code, is amended by striking the item for 
section 2245 and inserting the following:

``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
    Section 2251(d) of title 18, United States Code, is amended by 
adding at the end the following: ``Whoever, in the course of an offense 
under this section, engages in conduct that results in the death of a 
person, shall be punished by death or imprisoned for any term of years 
or for life.''.

SEC. 60012. MURDER BY ESCAPED PRISONERS.

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

``Sec. 1120. Murder by escaped prisoners

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

``1120. Murder by escaped prisoners.''.
SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
VIOLENCE AND DRUG TRAFFICKING CRIMES.
    Section 924 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) A person who, in the course of a violation of subsection (c), 
causes the death of a person through the use of a firearm, shall--
        ``(1) if the killing is a murder (as defined in section 1111), 
    be punished by death or by imprisonment for any term of years or 
    for life; and
        ``(2) if the killing is manslaughter (as defined in section 
    1112), be punished as provided in that section.''.

SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended--
        (1) by redesignating subsections (c), (d), (e), and (f) as 
    subsections (d), (e), (f), and (g), respectively;
        (2) in subsection (a) by striking ``(c)'' and inserting 
    ``(d)''; and
        (3) by inserting after subsection (b) the following new 
    subsection:
    ``(c) A person who kills or attempts to kill any person in the 
course of a violation of subsection (a) or (b), or in the course of an 
attack on a Federal facility involving the use of a firearm or other 
dangerous weapon, shall be punished as provided in sections 1111, 1112, 
and 1113.''.

SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS 
              ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE 
              CORRECTIONAL OFFICERS.

    (a) In General.--Chapter 51 of title 18, United States Code, as 
amended by section 60012(a), is amended by adding at the end the 
following new section:

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

    ``(a) Whoever intentionally kills--
        ``(1) a State or local official, law enforcement officer, or 
    other officer or employee while working with Federal law 
    enforcement officials in furtherance of a Federal criminal 
    investigation--
            ``(A) while the victim is engaged in the performance of 
        official duties;
            ``(B) because of the performance of the victim's official 
        duties; or
            ``(C) because of the victim's status as a public servant; 
        or
        ``(2) any person assisting a Federal criminal investigation, 
    while that assistance is being rendered and because of it,
shall be sentenced according to the terms of section 1111, including by 
sentence of death or by imprisonment for life.
    ``(b)(1) Whoever, in a circumstance described in paragraph (3) of 
this subsection, while incarcerated, intentionally kills any State 
correctional officer engaged in, or on account of the performance of 
such officer's official duties, shall be sentenced to a term of 
imprisonment which shall not be less than 20 years, and may be 
sentenced to life imprisonment or death.
    ``(2) As used in this section, the term, `State correctional 
officer' includes any officer or employee of any prison, jail, or other 
detention facility, operated by, or under contract to, either a State 
or local governmental agency, whose job responsibilities include 
providing for the custody of incarcerated individuals.
    ``(3) The circumstance referred to in paragraph (1) is that--
        ``(A) the correctional officer is engaged in transporting the 
    incarcerated person interstate; or
        ``(B) the incarcerated person is incarcerated pursuant to a 
    conviction for an offense against the United States.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, as amended by section 60012(b), is 
amended by adding at the end the following new item:

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

SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
        (1) by inserting ``(a)'' before ``Whoever'';
        (2) by striking ``fined not more than $5,000 or imprisoned not 
    more than five years, or both.'' and inserting ``punished as 
    provided in subsection (b).'';
        (3) by adding at the end the following new subsection:
    ``(b) The punishment for an offense under this section is--
        ``(1) in the case of a killing, the punishment provided in 
    sections 1111 and 1112;
        ``(2) in the case of an attempted killing, or a case in which 
    the offense was committed against a petit juror and in which a 
    class A or B felony was charged, imprisonment for not more than 20 
    years, a fine under this title, or both; and
        ``(3) in any other case, imprisonment for not more than 10 
    years, a fine under this title, or both.''; and
        (4) in subsection (a), as designated by paragraph (1), by 
    striking ``commissioner'' each place it appears and inserting 
    ``magistrate judge''.

SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, 
              AND INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--
        (1) by redesignating subsections (a) and (b) as subsections (b) 
    and (c), respectively; and
        (2) by inserting after the section heading the following new 
    subsection:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
        ``(A) the attendance of a witness or party at an official 
    proceeding, or any testimony given or any record, document, or 
    other object produced by a witness in an official proceeding; or
        ``(B) providing to a law enforcement officer any information 
    relating to the commission or possible commission of a Federal 
    offense or a violation of conditions of probation, parole, or 
    release pending judicial proceedings,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
        ``(A) in the case of a killing, the punishment provided in 
    sections 1111 and 1112; and
        ``(B) in the case of an attempt, imprisonment for not more than 
    20 years.''.

SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

    Section 1512(a)(2)(A) of title 18, United States Code, is amended 
to read as follows:
        ``(A) in the case of murder (as defined in section 1111), the 
    death penalty or imprisonment for life, and in the case of any 
    other killing, the punishment provided in section 1112;''.

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

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

``Sec. 2280. Violence against maritime navigation

    ``(a) Offenses.--
        ``(1) In general.--A person who unlawfully and intentionally--
            ``(A) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(B) performs an act of violence against a person on board 
        a ship if that act is likely to endanger the safe navigation of 
        that ship;
            ``(C) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(D) places or causes to be placed on a ship, by any means 
        whatsoever, a device or substance which is likely to destroy 
        that ship, or cause damage to that ship or its cargo which 
        endangers or is likely to endanger the safe navigation of that 
        ship;
            ``(E) destroys or seriously damages maritime navigational 
        facilities or seriously interferes with their operation, if 
        such act is likely to endanger the safe navigation of a ship;
            ``(F) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safe navigation 
        of a ship;
            ``(G) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in subparagraphs (A) through (F); or
            ``(H) attempts to do any act prohibited under subparagraphs 
        (A) through (G),
    shall be fined under this title, imprisoned not more than 20 years, 
    or both; and if the death of any person results from conduct 
    prohibited by this paragraph, shall be punished by death or 
    imprisoned for any term of years or for life.
        ``(2) Threat to navigation.--A person who threatens to do any 
    act prohibited under paragraph (1) (B), (C) or (E), with apparent 
    determination and will to carry the threat into execution, if the 
    threatened act is likely to endanger the safe navigation of the 
    ship in question, shall be fined under this title, imprisoned not 
    more than 5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
        ``(1) in the case of a covered ship, if--
            ``(A) such activity is committed--
                ``(i) against or on board a ship flying the flag of the 
            United States at the time the prohibited activity is 
            committed;
                ``(ii) in the United States and the activity is not 
            prohibited as a crime by the State in which the activity 
            takes place; or
                ``(iii) the activity takes place on a ship flying the 
            flag of a foreign country or outside the United States, by 
            a national of the United States or by a stateless person 
            whose habitual residence is in the United States;
            ``(B) during the commission of such activity, a national of 
        the United States is seized, threatened, injured or killed; or
            ``(C) the offender is later found in the United States 
        after such activity is committed;
        ``(2) in the case of a ship navigating or scheduled to navigate 
    solely within the territorial sea or internal waters of a country 
    other than the United States, if the offender is later found in the 
    United States after such activity is committed; and
        ``(3) in the case of any vessel, if such activity is committed 
    in an attempt to compel the United States to do or abstain from 
    doing any act.
    ``(c) Bar To Prosecution.--It is a bar to Federal prosecution under 
subsection (a) for conduct that occurred within the United States that 
the conduct involved was during or in relation to a labor dispute, and 
such conduct is prohibited as a felony under the law of the State in 
which it was committed. For purposes of this section, the term `labor 
dispute' has the meaning set forth in section 2(c) of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
    ``(d) Delivery of Suspected Offender.--The master of a covered ship 
flying the flag of the United States who has reasonable grounds to 
believe that there is on board that ship any person who has committed 
an offense under Article 3 of the Convention for the Suppression of 
Unlawful Acts Against the Safety of Maritime Navigation may deliver 
such person to the authorities of a State Party to that Convention. 
Before delivering such person to the authorities of another country, 
the master shall notify in an appropriate manner the Attorney General 
of the United States of the alleged offense and await instructions from 
the Attorney General as to what action to take. When delivering the 
person to a country which is a State Party to the Convention, the 
master shall, whenever practicable, and if possible before entering the 
territorial sea of such country, notify the authorities of such country 
of the master's intention to deliver such person and the reasons 
therefor. If the master delivers such person, the master shall furnish 
to the authorities of such country the evidence in the master's 
possession that pertains to the alleged offense.
    ``(e) Definitions.--In this section--
        ```covered ship' means a ship that is navigating or is 
    scheduled to navigate into, through or from waters beyond the outer 
    limit of the territorial sea of a single country or a lateral limit 
    of that country's territorial sea with an adjacent country.
        ```national of the United States' has the meaning stated in 
    section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(22)).
        ```territorial sea of the United States' means all waters 
    extending seaward to 12 nautical miles from the baselines of the 
    United States determined in accordance with international law.
        ```ship' means a vessel of any type whatsoever not permanently 
    attached to the sea-bed, including dynamically supported craft, 
    submersibles or any other floating craft, but does not include a 
    warship, a ship owned or operated by a government when being used 
    as a naval auxiliary or for customs or police purposes, or a ship 
    which has been withdrawn from navigation or laid up.
        ```United States', when used in a geographical sense, includes 
    the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
    Mariana Islands and all territories and possessions of the United 
    States.

``Sec. 2281. Violence against maritime fixed platforms

    ``(a) Offenses.--
        ``(1) In general.--A person who unlawfully and intentionally--
            ``(A) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(B) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(C) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(D) places or causes to be placed on a fixed platform, by 
        any means whatsoever, a device or substance which is likely to 
        destroy that fixed platform or likely to endanger its safety;
            ``(E) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in subparagraphs (A) through (D); or
            ``(F) attempts to do anything prohibited under 
        subparagraphs (A) through (E),
    shall be fined under this title, imprisoned not more than 20 years, 
    or both; and if death results to any person from conduct prohibited 
    by this paragraph, shall be punished by death or imprisoned for any 
    term of years or for life.
        ``(2) Threat to safety.--A person who threatens to do anything 
    prohibited under paragraph (1) (B) or (C), with apparent 
    determination and will to carry the threat into execution, if the 
    threatened act is likely to endanger the safety of the fixed 
    platform, shall be fined under this title, imprisoned not more than 
    5 years, or both.
    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
        ``(1) such activity is committed against or on board a fixed 
    platform--
            ``(A) that is located on the continental shelf of the 
        United States;
            ``(B) that is located on the continental shelf of another 
        country, by a national of the United States or by a stateless 
        person whose habitual residence is in the United States; or
            ``(C) in an attempt to compel the United States to do or 
        abstain from doing any act;
        ``(2) during the commission of such activity against or on 
    board a fixed platform located on a continental shelf, a national 
    of the United States is seized, threatened, injured or killed; or
        ``(3) such activity is committed against or on board a fixed 
    platform located outside the United States and beyond the 
    continental shelf of the United States and the offender is later 
    found in the United States.
    ``(c) Bar To Prosecution.--It is a bar to Federal prosecution under 
subsection (a) for conduct that occurred within the United States that 
the conduct involved was during or in relation to a labor dispute, and 
such conduct is prohibited as a felony under the law of the State in 
which it was committed. For purposes of this section, the term `labor 
dispute' has the meaning set forth in section 2(c) of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
    ``(d) Definitions.--In this section--
        ```continental shelf' means the sea-bed and subsoil of the 
    submarine areas that extend beyond a country's territorial sea to 
    the limits provided by customary international law as reflected in 
    Article 76 of the 1982 Convention on the Law of the Sea.
        ```fixed platform' means an artificial island, installation or 
    structure permanently attached to the sea-bed for the purpose of 
    exploration or exploitation of resources or for other economic 
    purposes.
        ```national of the United States' has the meaning stated in 
    section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(22)).
        ```territorial sea of the United States' means all waters 
    extending seaward to 12 nautical miles from the baselines of the 
    United States determined in accordance with international law.
        ```United States', when used in a geographical sense, includes 
    the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
    Mariana Islands and all territories and possessions of the United 
    States.''.
    (b) Technical Amendment.--The chapter analysis for chapter 111 of 
title 18, United States Code, is amended by adding at the end the 
following new items:

    ``2280. Violence against maritime navigation.
    ``2281. Violence against maritime fixed platforms.''.

    (c) Effective Dates.--This section and the amendments made by this 
section shall take effect on the later of--
        (1) the date of the enactment of this Act; or
        (2)(A) in the case of section 2280 of title 18, United States 
    Code, the date the Convention for the Suppression of Unlawful Acts 
    Against the Safety of Maritime Navigation has come into force and 
    the United States has become a party to that Convention; and
        (B) in the case of section 2281 of title 18, United States 
    Code, the date the Protocol for the Suppression of Unlawful Acts 
    Against the Safety of Fixed Platforms Located on the Continental 
    Shelf has come into force and the United States has become a party 
    to that Protocol.

SEC. 60020. TORTURE.

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

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

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

``Sec. 37. Violence at international airports

    ``(a) Offense.--A person who unlawfully and intentionally, using 
any device, substance, or weapon--
        ``(1) performs an act of violence against a person at an 
    airport serving international civil aviation that causes or is 
    likely to cause serious bodily injury (as defined in section 1365 
    of this title) or death; or
        ``(2) destroys or seriously damages the facilities of an 
    airport serving international civil aviation or a civil aircraft 
    not in service located thereon or disrupts the services of the 
    airport,
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this 
title, imprisoned not more than 20 years, or both; and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) Jurisdiction.--There is jurisdiction over the prohibited 
activity in subsection (a) if--
        ``(1) the prohibited activity takes place in the United States; 
    or
        ``(2) the prohibited activity takes place outside the United 
    States and the offender is later found in the United States.
    ``(c) It is a bar to Federal prosecution under subsection (a) for 
conduct that occurred within the United States that the conduct 
involved was during or in relation to a labor dispute, and such conduct 
is prohibited as a felony under the law of the State in which it was 
committed. For purposes of this section, the term `labor dispute' has 
the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as 
amended (29 U.S.C. 113(c)).
    (b) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, as amended by section 60008(c), is 
amended by adding at the end the following new item:

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

    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the later of--
        (1) the date of enactment of this Act; or
        (2) the date on which the Protocol for the Suppression of 
    Unlawful Acts of Violence at Airports Serving International Civil 
    Aviation, Supplementary to the Convention for the Suppression of 
    Unlawful Acts Against the Safety of Civil Aviation, done at 
    Montreal on 23 September 1971, has come into force and the United 
    States has become a party to the Protocol.

SEC. 60022. TERRORIST DEATH PENALTY ACT.

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

SEC. 60023. WEAPONS OF MASS DESTRUCTION.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by inserting after section 2332 the following new section:

``Sec. 2332a. Use of weapons of mass destruction

    ``(a) Offense.--A person who uses, or attempts or conspires to use, 
a weapon of mass destruction--
        ``(1) against a national of the United States while such 
    national is outside of the United States;
        ``(2) against any person within the United States; or
        ``(3) against any property that is owned, leased or used by the 
    United States or by any department or agency of the United States, 
    whether the property is within or outside of the United States,
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) Definitions.--For purposes of this section--
        ``(1) the term `national of the United States' has the meaning 
    given in section 101(a)(22) of the Immigration and Nationality Act 
    (8 U.S.C. 1101(a)(22)); and
        ``(2) the term `weapon of mass destruction' means--
            ``(A) any destructive device as defined in section 921 of 
        this title;
            ``(B) poison gas;
            ``(C) any weapon involving a disease organism; or
            ``(D) any weapon that is designed to release radiation or 
        radioactivity at a level dangerous to human life.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2332 the following:

``2332a. Use of weapons of mass destruction.''.

SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
        (1) in paragraph (1)--
            (A) by striking ``(1) Any person'' and inserting ``(1)(A) 
        Any person'';
            (B) by striking ``(A) knowing'' and inserting ``(i) 
        knowing'';
            (C) by striking ``(B) knowing'' and inserting ``(ii) 
        knowing'';
            (D) by striking ``(C) knowing'' and inserting ``(iii) 
        knowing'';
            (E) by striking ``(D) encourages'' and inserting ``(iv) 
        encourages'';
            (F) by striking ``shall be fined in accordance with title 
        18, or imprisoned not more than five years, or both, for each 
        alien in respect to whom any violation of this paragraph 
        occurs'' and inserting ``shall be punished as provided in 
        subparagraph (B)''; and
            (G) by adding at the end the following new subparagraph:
    ``(B) A person who violates subparagraph (A) shall, for each alien 
in respect to whom such a violation occurs--
        ``(i) in the case of a violation of subparagraph (A)(i), be 
    fined under title 18, United States Code, imprisoned not more than 
    10 years, or both;
        ``(ii) in the case of a violation of subparagraph (A) (ii), 
    (iii), or (iv), be fined under title 18, United States Code, 
    imprisoned not more than 5 years, or both;
        ``(iii) in the case of a violation of subparagraph (A) (i), 
    (ii), (iii), or (iv) during and in relation to which the person 
    causes serious bodily injury (as defined in section 1365 of title 
    18, United States Code) to, or places in jeopardy the life of, any 
    person, be fined under title 18, United States Code, imprisoned not 
    more than 20 years, or both; and
        ``(iv) in the case of a violation of subparagraph (A) (i), 
    (ii), (iii), or (iv) resulting in the death of any person, be 
    punished by death or imprisoned for any term of years or for life, 
    fined under title 18, United States Code, or both.''; and
        (2) in paragraph (2) by striking ``or imprisoned not more than 
    five years, or both'' and inserting ``or in the case of a violation 
    of subparagraph (B)(ii), imprisoned not more than 10 years, or 
    both; or in the case of a violation of subparagraph (B)(i) or 
    (B)(iii), imprisoned not more than 5 years, or both.''.
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
    Section 3432 of title 18, United States Code, is amended by 
inserting before the period the following: ``, except that such list of 
the veniremen and witnesses need not be furnished if the court finds by 
a preponderance of the evidence that providing the list may jeopardize 
the life or safety of any person''.

SEC. 60026. APPOINTMENT OF COUNSEL.

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

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

SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF 
CERTAIN FELONIES.
    Section 3559 of title 18, United States Code, is amended--
        (1) in subsection (b), by striking ``An'' and inserting 
    ``Except as provided in subsection (c), an'' in lieu thereof; and
        (2) by adding the following new subsection at the end:
    ``(c) Imprisonment of Certain Violent Felons.--
        ``(1) Mandatory life imprisonment.--Notwithstanding any other 
    provision of law, a person who is convicted in a court of the 
    United States of a serious violent felony shall be sentenced to 
    life imprisonment if--
            ``(A) the person has been convicted (and those convictions 
        have become final) on separate prior occasions in a court of 
        the United States or of a State of--
                ``(i) 2 or more serious violent felonies; or
                ``(ii) one or more serious violent felonies and one or 
            more serious drug offenses; and
            ``(B) each serious violent felony or serious drug offense 
        used as a basis for sentencing under this subsection, other 
        than the first, was committed after the defendant's conviction 
        of the preceding serious violent felony or serious drug 
        offense.
        ``(2) Definitions.--For purposes of this subsection--
            ``(A) the term `assault with intent to commit rape' means 
        an offense that has as its elements engaging in physical 
        contact with another person or using or brandishing a weapon 
        against another person with intent to commit aggravated sexual 
        abuse or sexual abuse (as described in sections 2241 and 2242);
            ``(B) the term `arson' means an offense that has as its 
        elements maliciously damaging or destroying any building, 
        inhabited structure, vehicle, vessel, or real property by means 
        of fire or an explosive;
            ``(C) the term `extortion' means an offense that has as its 
        elements the extraction of anything of value from another 
        person by threatening or placing that person in fear of injury 
        to any person or kidnapping of any person;
            ``(D) the term `firearms use' means an offense that has as 
        its elements those described in section 924(c) or 929(a), if 
        the firearm was brandished, discharged, or otherwise used as a 
        weapon and the crime of violence or drug trafficking crime 
        during and relation to which the firearm was used was subject 
        to prosecution in a court of the United States or a court of a 
        State, or both;
            ``(E) the term `kidnapping' means an offense that has as 
        its elements the abduction, restraining, confining, or carrying 
        away of another person by force or threat of force;
            ``(F) the term `serious violent felony' means--
                ``(i) a Federal or State offense, by whatever 
            designation and wherever committed, consisting of murder 
            (as described in section 1111); manslaughter other than 
            involuntary manslaughter (as described in section 1112); 
            assault with intent to commit murder (as described in 
            section 113(a)); assault with intent to commit rape; 
            aggravated sexual abuse and sexual abuse (as described in 
            sections 2241 and 2242); abusive sexual contact (as 
            described in sections 2244 (a)(1) and (a)(2)); kidnapping; 
            aircraft piracy (as described in section 46502 of Title 
            49); robbery (as described in section 2111, 2113, or 2118); 
            carjacking (as described in section 2119); extortion; 
            arson; firearms use; or attempt, conspiracy, or 
            solicitation to commit any of the above offenses; and
                ``(ii) any other offense punishable by a maximum term 
            of imprisonment of 10 years or more that has as an element 
            the use, attempted use, or threatened use of physical force 
            against the person of another or that, by its nature, 
            involves a substantial risk that physical force against the 
            person of another may be used in the course of committing 
            the offense;
            ``(G) the term `State' means a State of the United States, 
        the District of Columbia, and a commonwealth, territory, or 
        possession of the United States; and
            ``(H) the term `serious drug offense' means--
                ``(i) an offense that is punishable under section 
            401(b)(1)(A) or 408 of the Controlled Substances Act (21 
            U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the 
            Controlled Substances Import and Export Act (21 U.S.C. 
            960(b)(1)(A)); or
                ``(ii) an offense under State law that, had the offense 
            been prosecuted in a court of the United States, would have 
            been punishable under section 401(b)(1)(A) or 408 of the 
            Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or 
            section 1010(b)(1)(A) of the Controlled Substances Import 
            and Export Act (21 U.S.C. 960(b)(1)(A)).
        ``(3) Nonqualifying felonies.--
            ``(A) Robbery in certain cases.--Robbery, an attempt, 
        conspiracy, or solicitation to commit robbery; or an offense 
        described in paragraph (2)(F)(ii) shall not serve as a basis 
        for sentencing under this subsection if the defendant 
        establishes by clear and convincing evidence that--
                ``(i) no firearm or other dangerous weapon was used in 
            the offense and no threat of use of a firearm or other 
            dangerous weapon was involved in the offense; and
                ``(ii) the offense did not result in death or serious 
            bodily injury (as defined in section 1365) to any person.
            ``(B) Arson in certain cases.--Arson shall not serve as a 
        basis for sentencing under this subsection if the defendant 
        establishes by clear and convincing evidence that--
                ``(i) the offense posed no threat to human life; and
                ``(ii) the defendant reasonably believed the offense 
            posed no threat to human life.
        ``(4) Information filed by united states attorney.--The 
    provisions of section 411(a) of the Controlled Substances Act (21 
    U.S.C. 851(a)) shall apply to the imposition of sentence under this 
    subsection.
        ``(5) Rule of construction.--This subsection shall not be 
    construed to preclude imposition of the death penalty.
        ``(6) Special provision for indian country.--No person subject 
    to the criminal jurisdiction of an Indian tribal government shall 
    be subject to this subsection for any offense for which Federal 
    jurisdiction is solely predicated on Indian country (as defined in 
    section 1151) and which occurs within the boundaries of such Indian 
    country unless the governing body of the tribe has elected that 
    this subsection have effect over land and persons subject to the 
    criminal jurisdiction of the tribe.
        ``(7) Resentencing upon overturning of prior conviction.--If 
    the conviction for a serious violent felony or serious drug offense 
    that was a basis for sentencing under this subsection is found, 
    pursuant to any appropriate State or Federal procedure, to be 
    unconstitutional or is vitiated on the explicit basis of innocence, 
    or if the convicted person is pardoned on the explicit basis of 
    innocence, the person serving a sentence imposed under this 
    subsection shall be resentenced to any sentence that was available 
    at the time of the original sentencing.''.

SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended--
        (1) so that the margin of the matter starting with 
    ``extraordinary'' and ending with ``reduction'' the first place it 
    appears is indented an additional two ems;
        (2) by inserting a one-em dash after ``that'' the second place 
    it appears;
        (3) by inserting a semicolon after ``reduction'' the first 
    place it appears;
        (4) by indenting the first line of the matter referred to in 
    paragraph (1) and designating that matter as clause (i); and
        (5) by inserting after such matter the following:
                ``(ii) the defendant is at least 70 years of age, has 
            served at least 30 years in prison, pursuant to a sentence 
            imposed under section 3559(c), for the offense or offenses 
            for which the defendant is currently imprisoned, and a 
            determination has been made by the Director of the Bureau 
            of Prisons that the defendant is not a danger to the safety 
            of any other person or the community, as provided under 
            section 3142(g);''.

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

SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES 
              IN CERTAIN CASES.

    (a) In General.--Section 3553 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f) Limitation on Applicability of Statutory Minimums in Certain 
Cases.--Notwithstanding any other provision of law, in the case of an 
offense under section 401, 404, or 406 of the Controlled Substances Act 
(21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the Controlled 
Substances Import and Export Act (21 U.S.C. 961, 963), the court shall 
impose a sentence pursuant to guidelines promulgated by the United 
States Sentencing Commission under section 994 of title 28 without 
regard to any statutory minimum sentence, if the court finds at 
sentencing, after the Government has been afforded the opportunity to 
make a recommendation, that--
        ``(1) the defendant does not have more than 1 criminal history 
    point, as determined under the sentencing guidelines;
        ``(2) the defendant did not use violence or credible threats of 
    violence or possess a firearm or other dangerous weapon (or induce 
    another participant to do so) in connection with the offense;
        ``(3) the offense did not result in death or serious bodily 
    injury to any person;
        ``(4) the defendant was not an organizer, leader, manager, or 
    supervisor of others in the offense, as determined under the 
    sentencing guidelines and was not engaged in a continuing criminal 
    enterprise, as defined in 21 U.S.C. 848; and
        ``(5) not later than the time of the sentencing hearing, the 
    defendant has truthfully provided to the Government all information 
    and evidence the defendant has concerning the offense or offenses 
    that were part of the same course of conduct or of a common scheme 
    or plan, but the fact that the defendant has no relevant or useful 
    other information to provide or that the Government is already 
    aware of the information shall not preclude a determination by the 
    court that the defendant has complied with this requirement.
    (b) Sentencing Commission Authority.--
        (1) In general.--(A) The United States Sentencing Commission 
    (referred to in this subsection as the ``Commission''), under 
    section 994(a)(1) and (p) of title 28--
            (i) shall promulgate guidelines, or amendments to 
        guidelines, to carry out the purposes of this section and the 
        amendment made by this section; and
            (ii) may promulgate policy statements, or amendments to 
        policy statements, to assist in the application of this section 
        and that amendment.
        (B) In the case of a defendant for whom the statutorily 
    required minimum sentence is 5 years, such guidelines and 
    amendments to guidelines issued under subparagraph (A) shall call 
    for a guideline range in which the lowest term of imprisonment is 
    at least 24 months.
        (2) Procedures.--If the Commission determines that it is 
    necessary to do so in order that the amendments made under 
    paragraph (1) may take effect on the effective date of the 
    amendment made by subsection (a), the Commission may promulgate the 
    amendments made under paragraph (1) in accordance with the 
    procedures set forth in section 21(a) of the Sentencing Act of 
    1987, as though the authority under that section had not expired.
    (c) Effective Date and Application.--The amendment made by 
subsection (a) shall apply to all sentences imposed on or after the 
10th day beginning after the date of enactment of this Act.

                         TITLE IX--DRUG CONTROL
         Subtitle A--Enhanced Penalties and General Provisions

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

    Section 1791 of title 18, United States Code, is amended--
        (1) in subsection (c), by inserting before ``Any'' the 
    following new sentence: ``Any punishment imposed under subsection 
    (b) for a violation of this section involving a controlled 
    substance shall be consecutive to any other sentence imposed by any 
    court for an offense involving such a controlled substance.'';
        (2) in subsection (d)(1)(A), by inserting after ``a firearm or 
    destructive device'' the following: ``or a controlled substance in 
    schedule I or II, other than marijuana or a controlled substance 
    referred to in subparagraph (C) of this subsection'';
        (3) in subsection (d)(1)(B), by inserting before 
    ``ammunition,'' the following: ``marijuana or a controlled 
    substance in schedule III, other than a controlled substance 
    referred to in subparagraph (C) of this subsection,'';
        (4) in subsection (d)(1)(C), by inserting ``methamphetamine, 
    its salts, isomers, and salts of its isomers,'' after ``a narcotic 
    drug,'';
        (5) in subsection (d)(1)(D), by inserting ``(A), (B), or'' 
    before ``(C)''; and
        (6) in subsection (b), by striking ``(c)'' each place it 
    appears and inserting ``(d)''.
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN ``DRUG-FREE'' 
ZONES.
    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to provide an appropriate enhancement for a 
defendant convicted of violating section 419 of the Controlled 
Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS 
AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS.
    (a) Declaration of Policy.--It is the policy of the Federal 
Government that the use or distribution of illegal drugs in the 
Nation's Federal prisons will not be tolerated and that such crimes 
shall be prosecuted to the fullest extent of the law.
    (b) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, the United States Sentencing 
Commission shall amend its sentencing guidelines to appropriately 
enhance the penalty for a person convicted of an offense--
        (1) under section 404 of the Controlled Substances Act 
    involving simple possession of a controlled substance within a 
    Federal prison or other Federal detention facility; or
        (2) under section 401(b) of the Controlled Substances Act 
    involving the smuggling of a controlled substance into a Federal 
    prison or other Federal detention facility or the distribution or 
    intended distribution of a controlled substance within a Federal 
    prison or other Federal detention facility.
    (c) No Probation.--Notwithstanding any other law, the court shall 
not sentence a person convicted of an offense described in subsection 
(b) to probation.
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER 
RICO.
    Section 1961(1) of title 18, United States Code, is amended by 
striking ``narcotic or other dangerous drugs'' each place it appears 
and inserting ``a controlled substance or listed chemical (as defined 
in section 102 of the Controlled Substances Act)''.
SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF 
THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND 
EXPORT ACT.
    (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 
1010(b) (1), (2), and (3) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the 
sentence or sentences beginning ``If any person commits'' by striking 
``one or more prior convictions'' through ``have become final'' and 
inserting ``a prior conviction for a felony drug offense has become 
final''.
    (b) Section 1012(b) of the Controlled Substances Import and Export 
Act (21 U.S.C. 962(b)) is amended by striking ``one or more prior 
convictions of him for a felony under any provision of this title or 
title II or other law of a State, the United States, or a foreign 
country relating to narcotic drugs, marihuana, or depressant or 
stimulant drugs, have become final'' and inserting ``one or more prior 
convictions of such person for a felony drug offense have become 
final''.
    (c) Section 401(b)(1)(A) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning 
``For purposes of this subparagraph, the term `felony drug offense' 
means''.
    (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended by adding at the end the following new paragraph:
    ``(43) The term `felony drug offense' means an offense that is 
punishable by imprisonment for more than one year under any law of the 
United States or of a State or foreign country that prohibits or 
restricts conduct relating to narcotic drugs, marihuana, or depressant 
or stimulant substances.''.

SEC. 90106. ADVERTISING.

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

SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.

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

        Subtitle B--National Narcotics Leadership Act Amendments

SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.

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

SEC. 90202. OFFICE PERSONNEL RESTRICTION.

    Section 1003 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1502) is amended by adding at the end the following new 
subsection:
    ``(f) Prohibition on Political Campaigning.--A Federal officer in 
the Office of National Drug Control Policy who is appointed by the 
President, by and with the advice and consent of the Senate, may not 
participate in Federal election campaign activities, except that such 
an official is not prohibited by this subsection from making 
contributions to individual candidates.''.
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.
    Section 1005(a) of the National Narcotics Leadership Act of 1988 
(21 U.S.C. 1504(a)) is amended--
        (1) in paragraph (2)(A) by inserting ``and the consequences of 
    drug abuse'' after ``drug abuse''; and
        (2) by amending paragraph (4) to read as follows:
        ``(4) The Director shall include with each National Drug 
    Control Strategy an evaluation of the effectiveness of Federal drug 
    control during the preceding year. The evaluation shall include an 
    assessment of Federal drug control efforts, including--
            ``(A) assessment of the reduction of drug use, including 
        estimates of drug prevalence and frequency of use as measured 
        by national, State, and local surveys of illicit drug use and 
        by other special studies of--
                ``(i) high-risk populations, including school dropouts, 
            the homeless and transient, arrestees, parolees, and 
            probationers, and juvenile delinquents; and
                ``(ii) drug use in the workplace and the productivity 
            lost by such use;
            ``(B) assessment of the reduction of drug availability, as 
        measured by--
                ``(i) the quantities of cocaine, heroin, and marijuana 
            available for consumption in the United States;
                ``(ii) the amount of cocaine and heroin entering the 
            United States;
                ``(iii) the number of hectares of poppy and coca 
            cultivated and destroyed;
                ``(iv) the number of metric tons of heroin and cocaine 
            seized;
                ``(v) the number of cocaine processing labs destroyed;
                ``(vi) changes in the price and purity of heroin and 
            cocaine;
                ``(vii) the amount and type of controlled substances 
            diverted from legitimate retail and wholesale sources; and
                ``(viii) the effectiveness of Federal technology 
            programs at improving drug detection capabilities at United 
            States ports of entry;
            ``(C) assessment of the reduction of the consequences of 
        drug use and availability, which shall include estimation of--
                ``(i) burdens drug users placed on hospital emergency 
            rooms in the United States, such as the quantity of drug-
            related services provided;
                ``(ii) the annual national health care costs of drug 
            use, including costs associated with people becoming 
            infected with the human immunodeficiency virus and other 
            communicable diseases as a result of drug use;
                ``(iii) the extent of drug-related crime and criminal 
            activity; and
                ``(iv) the contribution of drugs to the underground 
            economy, as measured by the retail value of drugs sold in 
            the United States; and
            ``(D) determination of the status of drug treatment in the 
        United States, by assessing--
                ``(i) public and private treatment capacity within each 
            State, including information on the number of treatment 
            slots available in relation to the number actually used, 
            including data on intravenous drug users and pregnant 
            women;
                ``(ii) the extent, within each State, to which 
            treatment is available, on demand, to intravenous drug 
            users and pregnant women;
                ``(iii) the number of drug users the Director estimates 
            could benefit from treatment; and
                ``(iv) the success of drug treatment programs, 
            including an assessment of the effectiveness of the 
            mechanisms in place federally, and within each State, to 
            determine the relative quality of substance abuse treatment 
            programs, the qualifications of treatment personnel, and 
            the mechanism by which patients are admitted to the most 
            appropriate and cost effective treatment setting.
        ``(5) The Director shall include with the National Drug Control 
    Strategy required to be submitted not later than February 1, 1995, 
    and with every second such strategy submitted thereafter--
            ``(A) an assessment of the quality of current drug use 
        measurement instruments and techniques to measure supply 
        reduction and demand reduction activities;
            ``(B) an assessment of the adequacy of the coverage of 
        existing national drug use measurement instruments and 
        techniques to measure the casual drug user population and 
        groups at-risk for drug use;
            ``(C) an assessment of the actions the Director shall take 
        to correct any deficiencies and limitations identified pursuant 
        to subparagraphs (A) and (B); and
            ``(D) identification of the specific factors that restrict 
        the availability of treatment services to those seeking it and 
        proposed administrative or legislative remedies to make 
        treatment available to those individuals.
        ``(6) Federal agencies responsible for the collection or 
    estimation of drug-related information required by the Director 
    shall cooperate with the Director, to the fullest extent possible, 
    to enable the Director to satisfy the requirements of sections 4 
    and 5.
        ``(7) With each National Drug Control Strategy, the Director 
    shall report to the President and the Congress on the Director's 
    assessment of drug use and availability in the United States, 
    including an estimate of the effectiveness of interdiction, 
    treatment, prevention, law enforcement, and international programs 
    under the National Drug Control Strategy in effect in the preceding 
    year in reducing drug use and availability.''.

SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

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

SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.

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

SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

                   TITLE X--DRUNK DRIVING PROVISIONS

SEC. 100001. SHORT TITLE.

    This title may be cited as the ``Drunk Driving Child Protection Act 
of 1994''.
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
    Section 13(b) of title 18, United States Code, is amended--
        (1) by striking ``For purposes'' and inserting ``(1) Subject to 
    paragraph (2) and for purposes''; and
        (2) by adding at the end the following new paragraph:
    ``(2)(A) In addition to any term of imprisonment provided for 
operating a motor vehicle under the influence of a drug or alcohol 
imposed under the law of a State, territory, possession, or district, 
the punishment for such an offense under this section shall include an 
additional term of imprisonment of not more than 1 year, or if serious 
bodily injury of a minor is caused, not more than 5 years, or if death 
of a minor is caused, not more than 10 years, and an additional fine of 
not more than $1,000, or both, if--
        ``(i) a minor (other than the offender) was present in the 
    motor vehicle when the offense was committed; and
        ``(ii) the law of the State, territory, possession, or district 
    in which the offense occurred does not provide an additional term 
    of imprisonment under the circumstances described in clause (i).
    ``(B) For the purposes of subparagraph (A), the term `minor' means 
a person less than 18 years of age.''.

SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.

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

                           TITLE XI--FIREARMS
                      Subtitle A--Assault Weapons

SEC. 110101. SHORT TITLE.

    This subtitle may be cited as the ``Public Safety and Recreational 
Firearms Use Protection Act''.
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF 
CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
    (a) Restriction.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(v)(1) It shall be unlawful for a person to manufacture, 
transfer, or possess a semiautomatic assault weapon.
    ``(2) Paragraph (1) shall not apply to the possession or transfer 
of any semiautomatic assault weapon otherwise lawfully possessed under 
Federal law on the date of the enactment of this subsection.
    ``(3) Paragraph (1) shall not apply to--
        ``(A) any of the firearms, or replicas or duplicates of the 
    firearms, specified in Appendix A to this section, as such firearms 
    were manufactured on October 1, 1993;
        ``(B) any firearm that--
            ``(i) is manually operated by bolt, pump, lever, or slide 
        action;
            ``(ii) has been rendered permanently inoperable; or
            ``(iii) is an antique firearm;
        ``(C) any semiautomatic rifle that cannot accept a detachable 
    magazine that holds more than 5 rounds of ammunition; or
        ``(D) any semiautomatic shotgun that cannot hold more than 5 
    rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be 
construed to mean that paragraph (1) applies to such firearm. No 
firearm exempted by this subsection may be deleted from Appendix A so 
long as this subsection is in effect.
    ``(4) Paragraph (1) shall not apply to--
        ``(A) the manufacture for, transfer to, or possession by the 
    United States or a department or agency of the United States or a 
    State or a department, agency, or political subdivision of a State, 
    or a transfer to or possession by a law enforcement officer 
    employed by such an entity for purposes of law enforcement (whether 
    on or off duty);
        ``(B) the transfer to a licensee under title I of the Atomic 
    Energy Act of 1954 for purposes of establishing and maintaining an 
    on-site physical protection system and security organization 
    required by Federal law, or possession by an employee or contractor 
    of such licensee on-site for such purposes or off-site for purposes 
    of licensee-authorized training or transportation of nuclear 
    materials;
        ``(C) the possession, by an individual who is retired from 
    service with a law enforcement agency and is not otherwise 
    prohibited from receiving a firearm, of a semiautomatic assault 
    weapon transferred to the individual by the agency upon such 
    retirement; or
        ``(D) the manufacture, transfer, or possession of a 
    semiautomatic assault weapon by a licensed manufacturer or licensed 
    importer for the purposes of testing or experimentation authorized 
    by the Secretary.''.
    (b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of 
title 18, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(30) The term `semiautomatic assault weapon' means--
        ``(A) any of the firearms, or copies or duplicates of the 
    firearms in any caliber, known as--
            ``(i) Norinco, Mitchell, and Poly Technologies Avtomat 
        Kalashnikovs (all models);
            ``(ii) Action Arms Israeli Military Industries UZI and 
        Galil;
            ``(iii) Beretta Ar70 (SC-70);
            ``(iv) Colt AR-15;
            ``(v) Fabrique National FN/FAL, FN/LAR, and FNC;
            ``(vi) SWD M-10, M-11, M-11/9, and M-12;
            ``(vii) Steyr AUG;
            ``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
            ``(ix) revolving cylinder shotguns, such as (or similar to) 
        the Street Sweeper and Striker 12;
        ``(B) a semiautomatic rifle that has an ability to accept a 
    detachable magazine and has at least 2 of--
            ``(i) a folding or telescoping stock;
            ``(ii) a pistol grip that protrudes conspicuously beneath 
        the action of the weapon;
            ``(iii) a bayonet mount;
            ``(iv) a flash suppressor or threaded barrel designed to 
        accommodate a flash suppressor; and
            ``(v) a grenade launcher;
        ``(C) a semiautomatic pistol that has an ability to accept a 
    detachable magazine and has at least 2 of--
            ``(i) an ammunition magazine that attaches to the pistol 
        outside of the pistol grip;
            ``(ii) a threaded barrel capable of accepting a barrel 
        extender, flash suppressor, forward handgrip, or silencer;
            ``(iii) a shroud that is attached to, or partially or 
        completely encircles, the barrel and that permits the shooter 
        to hold the firearm with the nontrigger hand without being 
        burned;
            ``(iv) a manufactured weight of 50 ounces or more when the 
        pistol is unloaded; and
            ``(v) a semiautomatic version of an automatic firearm; and
        ``(D) a semiautomatic shotgun that has at least 2 of--
            ``(i) a folding or telescoping stock;
            ``(ii) a pistol grip that protrudes conspicuously beneath 
        the action of the weapon;
            ``(iii) a fixed magazine capacity in excess of 5 rounds; 
        and
            ``(iv) an ability to accept a detachable magazine.''.
    (c) Penalties.--
        (1) Violation of section 922(v).--Section 924(a)(1)(B) of such 
    title is amended by striking ``or (q) of section 922'' and 
    inserting ``(r), or (v) of section 922''.
        (2) Use or possession during crime of violence or drug 
    trafficking crime.--Section 924(c)(1) of such title is amended in 
    the first sentence by inserting ``, or semiautomatic assault 
    weapon,'' after ``short-barreled shotgun,''.
    (d) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of such title is amended by adding at the end the 
following: ``The serial number of any semiautomatic assault weapon 
manufactured after the date of the enactment of this sentence shall 
clearly show the date on which the weapon was manufactured.''.
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
    (a) Prohibition.--Section 922 of title 18, United States Code, as 
amended by section 110102(a), is amended by adding at the end the 
following new subsection:
    ``(w)(1) Except as provided in paragraph (2), it shall be unlawful 
for a person to transfer or possess a large capacity ammunition feeding 
device.
    ``(2) Paragraph (1) shall not apply to the possession or transfer 
of any large capacity ammunition feeding device otherwise lawfully 
possessed on or before the date of the enactment of this subsection.
    ``(3) This subsection shall not apply to--
        ``(A) the manufacture for, transfer to, or possession by the 
    United States or a department or agency of the United States or a 
    State or a department, agency, or political subdivision of a State, 
    or a transfer to or possession by a law enforcement officer 
    employed by such an entity for purposes of law enforcement (whether 
    on or off duty);
        ``(B) the transfer to a licensee under title I of the Atomic 
    Energy Act of 1954 for purposes of establishing and maintaining an 
    on-site physical protection system and security organization 
    required by Federal law, or possession by an employee or contractor 
    of such licensee on-site for such purposes or off-site for purposes 
    of licensee-authorized training or transportation of nuclear 
    materials;
        ``(C) the possession, by an individual who is retired from 
    service with a law enforcement agency and is not otherwise 
    prohibited from receiving ammunition, of a large capacity 
    ammunition feeding device transferred to the individual by the 
    agency upon such retirement; or
        ``(D) the manufacture, transfer, or possession of any large 
    capacity ammunition feeding device by a licensed manufacturer or 
    licensed importer for the purposes of testing or experimentation 
    authorized by the Secretary.''.
    ``(4) If a person charged with violating paragraph (1) asserts that 
paragraph (1) does not apply to such person because of paragraph (2) or 
(3), the Government shall have the burden of proof to show that such 
paragraph (1) applies to such person. The lack of a serial number as 
described in section 923(i) of title 18, United States Code, shall be a 
presumption that the large capacity ammunition feeding device is not 
subject to the prohibition of possession in paragraph (1).''.
    (b) Definition of Large Capacity Ammunition Feeding Device.--
Section 921(a) of title 18, United States Code, as amended by section 
110102(b), is amended by adding at the end the following new paragraph:
    ``(31) The term `large capacity ammunition feeding device'--
        ``(A) means a magazine, belt, drum, feed strip, or similar 
    device manufactured after the date of enactment of the Violent 
    Crime Control and Law Enforcement Act of 1994 that has a capacity 
    of, or that can be readily restored or converted to accept, more 
    than 10 rounds of ammunition; but
        ``(B) does not include an attached tubular device designed to 
    accept, and capable of operating only with, .22 caliber rimfire 
    ammunition.''.
    (c) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, 
as amended by section 110102(c)(1), is amended by striking ``or (v)'' 
and inserting ``(v), or (w)''.
    (d) Identification Markings for Large Capacity Ammunition Feeding 
Devices.--Section 923(i) of title 18, United States Code, as amended by 
section 110102(d) of this Act, is amended by adding at the end the 
following: ``A large capacity ammunition feeding device manufactured 
after the date of the enactment of this sentence shall be identified by 
a serial number that clearly shows that the device was manufactured or 
imported after the effective date of this subsection, and such other 
identification as the Secretary may by regulation prescribe.''.

SEC. 110104. STUDY BY ATTORNEY GENERAL.

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

SEC. 110105. EFFECTIVE DATE.

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

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

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

                              ``APPENDIX A

                     Centerfire Rifles--Autoloaders

Browning BAR Mark II Safari Semi-Auto Rifle

Browning BAR Mark II Safari Magnum Rifle

Browning High-Power Rifle

Heckler & Koch Model 300 Rifle

Iver Johnson M-1 Carbine

Iver Johnson 50th Anniversary M-1 Carbine

Marlin Model 9 Camp Carbine

Marlin Model 45 Carbine

Remington Nylon 66 Auto-Loading Rifle

Remington Model 7400 Auto Rifle

Remington Model 7400 Rifle

Remington Model 7400 Special Purpose Auto Rifle

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

Ruger Mini Thirty Rifle

                    Centerfire Rifles--Lever & Slide

Browning Model 81 BLR Lever-Action Rifle

Browning Model 81 Long Action BLR

Browning Model 1886 Lever-Action Carbine

Browning Model 1886 High Grade Carbine

Cimarron 1860 Henry Replica

Cimarron 1866 Winchester Replicas

Cimarron 1873 Short Rifle

Cimarron 1873 Sporting Rifle

Cimarron 1873 30" Express Rifle

Dixie Engraved 1873 Rifle

E.M.F. 1866 Yellowboy Lever Actions

E.M.F. 1860 Henry Rifle

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

Marlin Model 336CS Lever-Action Carbine

Marlin Model 30AS Lever-Action Carbine

Marlin Model 444SS Lever-Action Sporter

Marlin Model 1894S Lever-Action Carbine

Marlin Model 1894CS Carbine

Marlin Model 1894CL Classic

Marlin Model 1895SS Lever-Action Rifle

Mitchell 1858 Henry Replica

Mitchell 1866 Winchester Replica

Mitchell 1873 Winchester Replica

Navy Arms Military Henry Rifle

Navy Arms Henry Trapper

Navy Arms Iron Frame Henry

Navy Arms Henry Carbine

Navy Arms 1866 Yellowboy Rifle

Navy Arms 1873 Winchester-Style Rifle

Navy Arms 1873 Sporting Rifle

Remington 7600 Slide Action

Remington Model 7600 Special Purpose Slide Action

Rossi M92 SRC Saddle-Ring Carbine

Rossi M92 SRS Short Carbine

Savage 99C Lever-Action Rifle

Uberti Henry Rifle

Uberti 1866 Sporting Rilfe

Uberti 1873 Sporting Rifle

Winchester Model 94 Side Eject Lever-Action Rifle

Winchester Model 94 Trapper Side Eject

Winchester Model 94 Big Bore Side Eject

Winchester Model 94 Ranger Side Eject Lever-Action Rifle

Winchester Model 94 Wrangler Side Eject

                     Centerfire Rifles--Bolt Action

Alpine Bolt-Action Rifle

A-Square Caesar Bolt-Action Rifle

A-Square Hannibal Bolt-Action Rifle

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700D Bavarian Bolt-Action Rifle

Anschutz 1733D Mannlicher Rifle

Barret Model 90 Bolt-Action Rifle

Beeman/HW 60J Bolt-Action Rifle

Blaser R84 Bolt-Action Rifle

BRNO 537 Sporter Bolt-Action Rifle

BRNO ZKB 527 Fox Bolt-Action Rifle

BRNO ZKK 600, 601, 602 Bolt-Action Rifles

Browning A-Bolt Rifle

Browning A-Bolt Stainless Stalker

Browning A-Bolt Left Hand

Browning A-Bolt Short Action

Browning Euro-Bolt Rifle

Browning A-Bolt Gold Medallion

Browning A-Bolt Micro Medallion

Century Centurion 14 Sporter

Century Enfield Sporter #4

Century Swedish Sporter #38

Century Mauser 98 Sporter

Cooper Model 38 Centerfire Sporter

Dakota 22 Sporter Bolt-Action Rifle

Dakota 76 Classic Bolt-Action Rifle

Dakota 76 Short Action Rifles

Dakota 76 Safari Bolt-Action Rifle

Dakota 416 Rigby African

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

Auguste Francotte Bolt-Action Rifles

Carl Gustaf 2000 Bolt-Action Rifle

Heym Magnum Express Series Rifle

Howa Lightning Bolt-Action Rifle

Howa Realtree Camo Rifle

Interarms Mark X Viscount Bolt-Action Rifle

Interarms Mini-Mark X Rifle

Interarms Mark X Whitworth Bolt-Action Rifle

Interarms Whitworth Express Rifle

Iver Johnson Model 5100A1 Long-Range Rifle

KDF K15 American Bolt-Action Rifle

Krico Model 600 Bolt-Action Rifle

Krico Model 700 Bolt-Action Rifles

Mauser Model 66 Bolt-Action Rifle

Mauser Model 99 Bolt-Action Rifle

McMillan Signature Classic Sporter

McMillan Signature Super Varminter

McMillan Signature Alaskan

McMillan Signature Titanium Mountain Rifle

McMillan Classic Stainless Sporter

McMillan Talon Safari Rifle

McMillan Talon Sporter Rifle

Midland 1500S Survivor Rifle

Navy Arms TU-33/40 Carbine

Parker-Hale Model 81 Classic Rifle

Parker-Hale Model 81 Classic African Rifle

Parker-Hale Model 1000 Rifle

Parker-Hale Model 1100M African Magnum

Parker-Hale Model 1100 Lightweight Rifle

Parker-Hale Model 1200 Super Rifle

Parker-Hale Model 1200 Super Clip Rifle

Parker-Hale Model 1300C Scout Rifle

Parker-Hale Model 2100 Midland Rifle

Parker-Hale Model 2700 Lightweight Rifle

Parker-Hale Model 2800 Midland Rifle

Remington Model Seven Bolt-Action Rifle

Remington Model Seven Youth Rifle

Remington Model Seven Custom KS

Remington Model Seven Custom MS Rifle

Remington 700 ADL Bolt-Action Rifle

Remington 700 BDL Bolt-Action Rifle

Remington 700 BDL Varmint Special

Remington 700 BDL European Bolt-Action Rifle

Remington 700 Varmint Synthetic Rifle

Remington 700 BDL SS Rifle

Remington 700 Stainless Synthetic Rifle

Remington 700 MTRSS Rifle

Remington 700 BDL Left Hand

Remington 700 Camo Synthetic Rifle

Remington 700 Safari

Remington 700 Mountain Rifle

Remington 700 Custom KS Mountain Rifle

Remington 700 Classic Rifle

Ruger M77 Mark II Rifle

Ruger M77 Mark II Magnum Rifle

Ruger M77RL Ultra Light

Ruger M77 Mark II All-Weather Stainless Rifle

Ruger M77 RSI International Carbine

Ruger M77 Mark II Express Rifle

Ruger M77VT Target Rifle

Sako Hunter Rifle

Sako Fiberclass Sporter

Sako Safari Grade Bolt Action

Sako Hunter Left-Hand Rifle

Sako Classic Bolt Action

Sako Hunter LS Rifle

Sako Deluxe Lightweight

Sako Super Deluxe Sporter

Sako Mannlicher-Style Carbine

Sako Varmint Heavy Barrel

Sako TRG-S Bolt-Action Rifle

Sauer 90 Bolt-Action Rifle

Savage 110G Bolt-Action Rifle

Savage 110CY Youth/Ladies Rifle

Savage 110WLE One of One Thousand Limited Edition Rifle

Savage 110GXP3 Bolt-Action Rifle

Savage 110F Bolt-Action Rifle

Savage 110FXP3 Bolt-Action Rifle

Savage 110GV Varmint Rifle

Savage 112FV Varmint Rifle

Savage Model 112FVS Varmint Rifle

Savage Model 112BV Heavy Barrel Varmint Rifle

Savage 116FSS Bolt-Action Rifle

Savage Model 116FSK Kodiak Rifle

Savage 110FP Police Rifle

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

Steyr-Mannlicher Luxus Model L, M, S

Steyr-Mannlicher Model M Professional Rifle

Tikka Bolt-Action Rifle

Tikka Premium Grade Rifles

Tikka Varmint/Continental Rifle

Tikka Whitetail/Battue Rifle

Ultra Light Arms Model 20 Rifle

Ultra Light Arms Model 28, Model 40 Rifles

Voere VEC 91 Lightning Bolt-Action Rifle

Voere Model 2165 Bolt-Action Rifle

Voere Model 2155, 2150 Bolt-Action Rifles

Weatherby Mark V Deluxe Bolt-Action Rifle

Weatherby Lasermark V Rifle

Weatherby Mark V Crown Custom Rifles

Weatherby Mark V Sporter Rifle

Weatherby Mark V Safari Grade Custom Rifles

Weatherby Weathermark Rifle

Weatherby Weathermark Alaskan Rifle

Weatherby Classicmark No. 1 Rifle

Weatherby Weatherguard Alaskan Rifle

Weatherby Vanguard VGX Deluxe Rifle

Weatherby Vanguard Classic Rifle

Weatherby Vanguard Classic No. 1 Rifle

Weatherby Vanguard Weatherguard Rifle

Wichita Classic Rifle

Wichita Varmint Rifle

Winchester Model 70 Sporter

Winchester Model 70 Sporter WinTuff

Winchester Model 70 SM Sporter

Winchester Model 70 Stainless Rifle

Winchester Model 70 Varmint

Winchester Model 70 Synthetic Heavy Varmint Rifle

Winchester Model 70 DBM Rifle

Winchester Model 70 DBM-S Rifle

Winchester Model 70 Featherweight

Winchester Model 70 Featherweight WinTuff

Winchester Model 70 Featherweight Classic

Winchester Model 70 Lightweight Rifle

Winchester Ranger Rifle

Winchester Model 70 Super Express Magnum

Winchester Model 70 Super Grade

Winchester Model 70 Custom Sharpshooter

Winchester Model 70 Custom Sporting Sharpshooter Rifle

                     Centerfire Rifles--Single Shot

Armsport 1866 Sharps Rifle, Carbine

Brown Model One Single Shot Rifle

Browning Model 1885 Single Shot Rifle

Dakota Single Shot Rifle

Desert Industries G-90 Single Shot Rifle

Harrington & Richardson Ultra Varmint Rifle

Model 1885 High Wall Rifle

Navy Arms Rolling Block Buffalo Rifle

Navy Arms #2 Creedmoor Rifle

Navy Arms Sharps Cavalry Carbine

Navy Arms Sharps Plains Rifle

New England Firearms Handi-Rifle

Red Willow Armory Ballard No. 5 Pacific

Red Willow Armory Ballard No. 1.5 Hunting Rifle

Red Willow Armory Ballard No. 8 Union Hill Rifle

Red Willow Armory Ballard No. 4.5 Target Rifle

Remington-Style Rolling Block Carbine

Ruger No. 1B Single Shot

Ruger No. 1A Light Sporter

Ruger No. 1H Tropical Rifle

Ruger No. 1S Medium Sporter

Ruger No. 1 RSI International

Ruger No. 1V Special Varminter

C. Sharps Arms New Model 1874 Old Reliable

C. Sharps Arms New Model 1875 Rifle

C. Sharps Arms 1875 Classic Sharps

C. Sharps Arms New Model 1875 Target & Long Range

Shiloh Sharps 1874 Long Range Express

Shiloh Sharps 1874 Montana Roughrider

Shiloh Sharps 1874 Military Carbine

Shiloh Sharps 1874 Business Rifle

Shiloh Sharps 1874 Military Rifle

Sharps 1874 Old Reliable

Thompson/Center Contender Carbine

Thompson/Center Stainless Contender Carbine

Thompson/Center Contender Carbine Survival System

Thompson/Center Contender Carbine Youth Model

Thompson/Center TCR '87 Single Shot Rifle

Uberti Rolling Block Baby Carbine

               Drillings, Combination Guns, Double Rifles

Beretta Express SSO O/U Double Rifles

Beretta Model 455 SxS Express Rifle

Chapuis RGExpress Double Rifle

Auguste Francotte Sidelock Double Rifles

Auguste Francotte Boxlock Double Rifle

Heym Model 55B O/U Double Rifle

Heym Model 55FW O/U Combo Gun

Heym Model 88b Side-by-Side Double Rifle

Kodiak Mk. IV Double Rifle

Kreighoff Teck O/U Combination Gun

Kreighoff Trumpf Drilling

Merkel Over/Under Combination Guns

Merkel Drillings

Merkel Model 160 Side-by-Side Double Rifles

Merkel Over/Under Double Rifles

Savage 24F O/U Combination Gun

Savage 24F-12T Turkey Gun

Springfield Inc. M6 Scout Rifle/Shotgun

Tikka Model 412s Combination Gun

Tikka Model 412S Double Fire

A. Zoli Rifle-Shotgun O/U Combo

                       Rimfire Rifles--Autoloaders

AMT Lightning 25/22 Rifle

AMT Lightning Small-Game Hunting Rifle II

AMT Magnum Hunter Auto Rifle

Anschutz 525 Deluxe Auto

Armscor Model 20P Auto Rifle

Browning Auto-22 Rifle

Browning Auto-22 Grade VI

Krico Model 260 Auto Rifle

Lakefield Arms Model 64B Auto Rifle

Marlin Model 60 Self-Loading Rifle

Marlin Model 60ss Self-Loading Rifle

Marlin Model 70 HC Auto

Marlin Model 990l Self-Loading Rifle

Marlin Model 70P Papoose

Marlin Model 922 Magnum Self-Loading Rifle

Marlin Model 995 Self-Loading Rifle

Norinco Model 22 ATD Rifle

Remington Model 522 Viper Autoloading Rifle

Remington 552BDL Speedmaster Rifle

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

Survival Arms AR-7 Explorer Rifle

Texas Remington Revolving Carbine

Voere Model 2115 Auto Rifle

                  Rimfire Rifles--Lever & Slide Action

Browning BL-22 Lever-Action Rifle

Marlin 39TDS Carbine

Marlin Model 39AS Golden Lever-Action Rifle

Remington 572BDL Fieldmaster Pump Rifle

Norinco EM-321 Pump Rifle

Rossi Model 62 SA Pump Rifle

Rossi Model 62 SAC Carbine

Winchester Model 9422 Lever-Action Rifle

Winchester Model 9422 Magnum Lever-Action Rifle

               Rimfire Rifles--Bolt Actions & Single Shots

Anschutz Achiever Bolt-Action Rifle

Anschutz 1416D/1516D Classic Rifles

Anschutz 1418D/1518D Mannlicher Rifles

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700 FWT Bolt-Action Rifle

Anschutz 1700D Graphite Custom Rifle

Anschutz 1700D Bavarian Bolt-Action Rifle

Armscor Model 14P Bolt-Action Rifle

Armscor Model 1500 Rifle

BRNO ZKM-452 Deluxe Bolt-Action Rifle

BRNO ZKM 452 Deluxe

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

Browning A-Bolt 22 Bolt-Action Rifle

Browning A-Bolt Gold Medallion

Cabanas Phaser Rifle

Cabanas Master Bolt-Action Rifle

Cabanas Espronceda IV Bolt-Action Rifle

Cabanas Leyre Bolt-Action Rifle

Chipmunk Single Shot Rifle

Cooper Arms Model 36S Sporter Rifle

Dakota 22 Sporter Bolt-Action Rifle

Krico Model 300 Bolt-Action Rifles

Lakefield Arms Mark II Bolt-Action Rifle

Lakefield Arms Mark I Bolt-Action Rifle

Magtech Model MT-22C Bolt-Action Rifle

Marlin Model 880 Bolt-Action Rifle

Marlin Model 881 Bolt-Action Rifle

Marlin Model 882 Bolt-Action Rifle

Marlin Model 883 Bolt-Action Rifle

Marlin Model 883SS Bolt-Action Rifle

Marlin Model 25MN Bolt-Action Rifle

Marlin Model 25N Bolt-Action Repeater

Marlin Model 15YN ``Little Buckaroo''

Mauser Model 107 Bolt-Action Rifle

Mauser Model 201 Bolt-Action Rifle

Navy Arms TU-KKW Training Rifle

Navy Arms TU-33/40 Carbine

Navy Arms TU-KKW Sniper Trainer

Norinco JW-27 Bolt-Action Rifle

Norinco JW-15 Bolt-Action Rifle

Remington 541-T

Remington 40-XR Rimfire Custom Sporter

Remington 541-T HB Bolt-Action Rifle

Remington 581-S Sportsman Rifle

Ruger 77/22 Rimfire Bolt-Action Rifle

Ruger K77/22 Varmint Rifle

Ultra Light Arms Model 20 RF Bolt-Action Rifle

Winchester Model 52B Sporting Rifle

                Competition Rifles--Centerfire & Rimfire

Anschutz 64-MS Left Silhouette

Anschutz 1808D RT Super Match 54 Target

Anschutz 1827B Biathlon Rifle

Anschutz 1903D Match Rifle

Anschutz 1803D Intermediate Match

Anschutz 1911 Match Rifle

Anschutz 54.18MS REP Deluxe Silhouette Rifle

Anschutz 1913 Super Match Rifle

Anschutz 1907 Match Rifle

Anschutz 1910 Super Match II

Anschutz 54.18MS Silhouette Rifle

Anschutz Super Match 54 Target Model 2013

Anschutz Super Match 54 Target Model 2007

Beeman/Feinwerkbau 2600 Target Rifle

Cooper Arms Model TRP-1 ISU Standard Rifle

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

E.A.A./HW 660 Match Rifle

Finnish Lion Standard Target Rifle

Krico Model 360 S2 Biathlon Rifle

Krico Model 400 Match Rifle

Krico Model 360S Biathlon Rifle

Krico Model 500 Kricotronic Match Rifle

Krico Model 600 Sniper Rifle

Krico Model 600 Match Rifle

Lakefield Arms Model 90B Target Rifle

Lakefield Arms Model 91T Target Rifle

Lakefield Arms Model 92S Silhouette Rifle

Marlin Model 2000 Target Rifle

Mauser Model 86-SR Specialty Rifle

McMillan M-86 Sniper Rifle

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

McMillan 300 Phoenix Long Range Rifle

McMillan M-89 Sniper Rifle

McMillan National Match Rifle

McMillan Long Range Rifle

Parker-Hale M-87 Target Rifle

Parker-Hale M-85 Sniper Rifle

Remington 40-XB Rangemaster Target Centerfire

Remington 40-XR KS Rimfire Position Rifle

Remington 40-XBBR KS

Remington 40-XC KS National Match Course Rifle

Sako TRG-21 Bolt-Action Rifle

Steyr-Mannlicher Match SPG-UIT Rifle

Steyr-Mannlicher SSG P-I Rifle

Steyr-Mannlicher SSG P-III Rifle

Steyr-Mannlicher SSG P-IV Rifle

Tanner Standard UIT Rifle

Tanner 50 Meter Free Rifle

Tanner 300 Meter Free Rifle

Wichita Silhouette Rifle

                          Shotguns--Autoloaders

American Arms/Franchi Black Magic 48/AL

Benelli Super Black Eagle Shotgun

Benelli Super Black Eagle Slug Gun

Benelli M1 Super 90 Field Auto Shotgun

Benelli Montefeltro Super 90 20-Gauge Shotgun

Benelli Montefeltro Super 90 Shotgun

Benelli M1 Sporting Special Auto Shotgun

Benelli Black Eagle Competition Auto Shotgun

Beretta A-303 Auto Shotgun

Beretta 390 Field Auto Shotgun

Beretta 390 Super Trap, Super Skeet Shotguns

Beretta Vittoria Auto Shotgun

Beretta Model 1201F Auto Shotgun

Browning BSA 10 Auto Shotgun

Browning BSA 10 Stalker Auto Shotgun

Browning A-500R Auto Shotgun

Browning A-500G Auto Shotgun

Browning A-500G Sporting Clays

Browning Auto-5 Light 12 and 20

Browning Auto-5 Stalker

Browning Auto-5 Magnum 20

Browning Auto-5 Magnum 12

Churchill Turkey Automatic Shotgun

Cosmi Automatic Shotgun

Maverick Model 60 Auto Shotgun

Mossberg Model 5500 Shotgun

Mossberg Model 9200 Regal Semi-Auto Shotgun

Mossberg Model 9200 USST Auto Shotgun

Mossberg Model 9200 Camo Shotgun

Mossberg Model 6000 Auto Shotgun

Remington Model 1100 Shotgun

Remington 11-87 Premier Shotgun

Remington 11-87 Sporting Clays

Remington 11-87 Premier Skeet

Remington 11-87 Premier Trap

Remington 11-87 Special Purpose Magnum

Remington 11-87 SPS-T Camo Auto Shotgun

Remington 11-87 Special Purpose Deer Gun

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

Remington 11-87 SPS-Deer Shotgun

Remington 11-87 Special Purpose Synthetic Camo

Remington SP-10 Magnum-Camo Auto Shotgun

Remington SP-10 Magnum Auto Shotgun

Remington SP-10 Magnum Turkey Combo

Remington 1100 LT-20 Auto

Remington 1100 Special Field

Remington 1100 20-Gauge Deer Gun

Remington 1100 LT-20 Tournament Skeet

Winchester Model 1400 Semi-Auto Shotgun

                         Shotguns--Slide Actions

Browning Model 42 Pump Shotgun

Browning BPS Pump Shotgun

Browning BPS Stalker Pump Shotgun

Browning BPS Pigeon Grade Pump Shotgun

Browning BPS Pump Shotgun (Ladies and Youth Model)

Browning BPS Game Gun Turkey Special

Browning BPS Game Gun Deer Special

Ithaca Model 87 Supreme Pump Shotgun

Ithaca Model 87 Deerslayer Shotgun

Ithaca Deerslayer II Rifled Shotgun

Ithaca Model 87 Turkey Gun

Ithaca Model 87 Deluxe Pump Shotgun

Magtech Model 586-VR Pump Shotgun

Maverick Models 88, 91 Pump Shotguns

Mossberg Model 500 Sporting Pump

Mossberg Model 500 Camo Pump

Mossberg Model 500 Muzzleloader Combo

Mossberg Model 500 Trophy Slugster

Mossberg Turkey Model 500 Pump

Mossberg Model 500 Bantam Pump

Mossberg Field Grade Model 835 Pump Shotgun

Mossberg Model 835 Regal Ulti-Mag Pump

Remington 870 Wingmaster

Remington 870 Special Purpose Deer Gun

Remington 870 SPS-BG-Camo Deer/Turkey Shotgun

Remington 870 SPS-Deer Shotgun

Remington 870 Marine Magnum

Remington 870 TC Trap

Remington 870 Special Purpose Synthetic Camo

Remington 870 Wingmaster Small Gauges

Remington 870 Express Rifle Sighted Deer Gun

Remington 879 SPS Special Purpose Magnum

Remington 870 SPS-T Camo Pump Shotgun

Remington 870 Special Field

Remington 870 Express Turkey

Remington 870 High Grades

Remington 870 Express

Remington Model 870 Express Youth Gun

Winchester Model 12 Pump Shotgun

Winchester Model 42 High Grade Shotgun

Winchester Model 1300 Walnut Pump

Winchester Model 1300 Slug Hunter Deer Gun

Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun

Winchester Model 1300 Turkey Gun

Winchester Model 1300 Ranger Pump Gun

                          Shotguns--Over/Unders

American Arms/Franchi Falconet 2000 O/U

American Arms Silver I O/U

American Arms Silver II Shotgun

American Arms Silver Skeet O/U

American Arms/Franchi Sporting 2000 O/U

American Arms Silver Sporting O/U

American Arms Silver Trap O/U

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

American Arms WT/OU 10 Shotgun

Armsport 2700 O/U Goose Gun

Armsport 2700 Series O/U

Armsport 2900 Tri-Barrel Shotgun

Baby Bretton Over/Under Shotgun

Beretta Model 686 Ultralight O/U

Beretta ASE 90 Competition O/U Shotgun

Beretta Over/Under Field Shotguns

Beretta Onyx Hunter Sport O/U Shotgun

Beretta Model SO5, SO6, SO9 Shotguns

Beretta Sporting Clay Shotguns

Beretta 687EL Sporting O/U

Beretta 682 Super Sporting O/U

Beretta Series 682 Competition Over/Unders

Browning Citori O/U Shotgun

Browning Superlight Citori Over/Under

Browning Lightning Sporting Clays

Browning Micro Citori Lightning

Browning Citori Plus Trap Combo

Browning Citori Plus Trap Gun

Browning Citori O/U Skeet Models

Browning Citori O/U Trap Models

Browning Special Sporting Clays

Browning Citori GTI Sporting Clays

Browning 325 Sporting Clays

Centurion Over/Under Shotgun

Chapuis Over/Under Shotgun

Connecticut Valley Classics Classic Sporter O/U

Connecticut Valley Classics Classic Field Waterfowler

Charles Daly Field Grade O/U

Charles Daly Lux Over/Under

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

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

Kassnar Grade I O/U Shotgun

Krieghoff K-80 Sporting Clays O/U

Krieghoff K-80 Skeet Shotgun

Krieghoff K-80 International Skeet

Krieghoff K-80 Four-Barrel Skeet Set

Krieghoff K-80/RT Shotguns

Krieghoff K-80 O/U Trap Shotgun

Laurona Silhouette 300 Sporting Clays

Laurona Silhouette 300 Trap

Laurona Super Model Over/Unders

Ljutic LM-6 Deluxe O/U Shotgun

Marocchi Conquista Over/Under Shotgun

Marocchi Avanza O/U Shotgun

Merkel Model 200E O/U Shotgun

Merkel Model 200E Skeet, Trap Over/Unders

Merkel Model 203E, 303E Over/Under Shotguns

Perazzi Mirage Special Sporting O/U

Perazzi Mirage Special Four-Gauge Skeet

Perazzi Sporting Classic O/U

Perazzi MX7 Over/Under Shotguns

Perazzi Mirage Special Skeet Over/Under

Perazzi MX8/MX8 Special Trap, Skeet

Perazzi MX8/20 Over/Under Shotgun

Perazzi MX9 Single Over/Under Shotguns

Perazzi MX12 Hunting Over/Under

Perazzi MX28, MX410 Game O/U Shotguns

Perazzi MX20 Hunting Over/Under

Piotti Boss Over/Under Shotgun

Remington Peerless Over/Under Shotgun

Ruger Red Label O/U Shotgun

Ruger Sporting Clays O/U Shotgun

San Marco 12-Ga. Wildflower Shotgun

San Marco Field Special O/U Shotgun

San Marco 10-Ga. O/U Shotgun

SKB Model 505 Deluxe Over/Under Shotgun

SKB Model 685 Over/Under Shotgun

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

Stoeger/IGA Condor I O/U Shotgun

Stoeger/IGA ERA 2000 Over/Under Shotgun

Techni-Mec Model 610 Over/Under

Tikka Model 412S Field Grade Over/Under

Weatherby Athena Grade IV O/U Shotguns

Weatherby Athena Grade V Classic Field O/U

Weatherby Orion O/U Shotguns

Weatherby II, III Classic Field O/Us

Weatherby Orion II Classic Sporting Clays O/U

Weatherby Orion II Sporting Clays O/U

Winchester Model 1001 O/U Shotgun

Winchester Model 1001 Sporting Clays O/U

Pietro Zanoletti Model 2000 Field O/U

                         Shotguns--Side by Sides

American Arms Brittany Shotgun

American Arms Gentry Double Shotgun

American Arms Derby Side-by-Side

American Arms Grulla #2 Double Shotgun

American Arms WS/SS 10

American Arms TS/SS 10 Double Shotgun

American Arms TS/SS 12 Side-by-Side

Arrieta Sidelock Double Shotguns

Armsport 1050 Series Double Shotguns

Arizaga Model 31 Double Shotgun

AYA Boxlock Shotguns

AYA Sidelock Double Shotguns

Beretta Model 452 Sidelock Shotgun

Beretta Side-by-Side Field Shotguns

Crucelegui Hermanos Model 150 Double

Chapuis Side-by-Side Shotgun

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

Charles Daly Model Dss Double

Ferlib Model F VII Double Shotgun

Auguste Francotte Boxlock Shotgun

Auguste Francotte Sidelock Shotgun

Garbi Model 100 Double

Garbi Model 101 Side-by-Side

Garbi Model 103A, B Side-by-Side

Garbi Model 200 Side-by-Side

Bill Hanus Birdgun Doubles

Hatfield Uplander Shotgun

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

Merkel Model 47LSC Sporting Clays Double

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

Parker Reproductions Side-by-Side

Piotti King No. 1 Side-by-Side

Piotti Lunik Side-by-Side

Piotti King Extra Side-by-Side

Piotti Piuma Side-by-Side

Precision Sports Model 600 Series Doubles

Rizzini Boxlock Side-by-Side

Rizzini Sidelock Side-by-Side

Stoeger/IGA Uplander Side-by-Side Shotgun

Ugartechea 10-Ga. Magnum Shotgun

                  Shotguns--Bolt Actions & Single Shots

Armsport Single Barrel Shotgun

Browning BT-99 Competition Trap Special

Browning BT-99 Plus Trap Gun

Browning BT-99 Plus Micro

Browning Recoilless Trap Shotgun

Browning Micro Recoilless Trap Shotgun

Desert Industries Big Twenty Shotgun

Harrington & Richardson Topper Model 098

Harrington & Richardson Topper Classic Youth Shotgun

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

Harrington & Richardson Topper Deluxe Model 098

Krieghoff KS-5 Trap Gun

Krieghoff KS-5 Special

Krieghoff K-80 Single Barrel Trap Gun

Ljutic Mono Gun Single Barrel

Ljutic LTX Super Deluxe Mono Gun

Ljutic Recoilless Space Gun Shotgun

Marlin Model 55 Goose Gun Bolt Action

New England Firearms Turkey and Goose Gun

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

New England Firearms Tracker Slug Gun

New England Firearms Standard Pardner

New England Firearms Survival Gun

Perazzi TM1 Special Single Trap

Remington 90-T Super Single Shotgun

Snake Charmer II Shotgun

Stoeger/IGA Reuna Single Barrel Shotgun

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

                    Subtitle B--Youth Handgun Safety

SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION 
BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.
    (a) Offense.--Section 922 of title 18, United States Code, as 
amended by section 110103(a), is amended by adding at the end the 
following new subsection:
    ``(x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
        ``(A) a handgun; or
        ``(B) ammunition that is suitable for use only in a handgun.
    ``(2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
        ``(A) a handgun; or
        ``(B) ammunition that is suitable for use only in a handgun.
    ``(3) This subsection does not apply to--
        ``(A) a temporary transfer of a handgun or ammunition to a 
    juvenile or to the possession or use of a handgun or ammunition by 
    a juvenile if the handgun and ammunition are possessed and used by 
    the juvenile--
            ``(i) in the course of employment, in the course of 
        ranching or farming related to activities at the residence of 
        the juvenile (or on property used for ranching or farming at 
        which the juvenile, with the permission of the property owner 
        or lessee, is performing activities related to the operation of 
        the farm or ranch), target practice, hunting, or a course of 
        instruction in the safe and lawful use of a handgun;
            ``(ii) with the prior written consent of the juvenile's 
        parent or guardian who is not prohibited by Federal, State, or 
        local law from possessing a firearm, except--
                ``(I) during transportation by the juvenile of an 
            unloaded handgun in a locked container directly from the 
            place of transfer to a place at which an activity described 
            in clause (i) is to take place and transportation by the 
            juvenile of that handgun, unloaded and in a locked 
            container, directly from the place at which such an 
            activity took place to the transferor; or
                ``(II) with respect to ranching or farming activities 
            as described in clause (i), a juvenile may possess and use 
            a handgun or ammunition with the prior written approval of 
            the juvenile's parent or legal guardian and at the 
            direction of an adult who is not prohibited by Federal, 
            State or local law from possessing a firearm;
            ``(iii) the juvenile has the prior written consent in the 
        juvenile's possession at all times when a handgun is in the 
        possession of the juvenile; and
            ``(iv) in accordance with State and local law;
        ``(B) a juvenile who is a member of the Armed Forces of the 
    United States or the National Guard who possesses or is armed with 
    a handgun in the line of duty;
        ``(C) a transfer by inheritance of title (but not possession) 
    of a handgun or ammunition to a juvenile; or
        ``(D) the possession of a handgun or ammunition by a juvenile 
    taken in defense of the juvenile or other persons against an 
    intruder into the residence of the juvenile or a residence in which 
    the juvenile is an invited guest.
    ``(4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the transferor is 
not in violation of this subsection shall not be subject to permanent 
confiscation by the Government if its possession by the juvenile 
subsequently becomes unlawful because of the conduct of the juvenile, 
but shall be returned to the lawful owner when such handgun or 
ammunition is no longer required by the Government for the purposes of 
investigation or prosecution.
    ``(5) For purposes of this subsection, the term `juvenile' means a 
person who is less than 18 years of age.
    ``(6)(A) In a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant's parent or 
legal guardian at all proceedings.
    ``(B) The court may use the contempt power to enforce subparagraph 
(A).
    ``(C) The court may excuse attendance of a parent or legal guardian 
of a juvenile defendant at a proceeding in a prosecution of a violation 
of this subsection for good cause shown.''.
    (b) Penalties.--Section 924(a) of title 18, United States Code, is 
amended--
        (1) in paragraph (1) by striking ``paragraph (2) or (3) of''; 
    and
        (2) by adding at the end the following new paragraph:
    ``(5)(A)(i) A juvenile who violates section 922(x) shall be fined 
under this title, imprisoned not more than 1 year, or both, except that 
a juvenile described in clause (ii) shall be sentenced to probation on 
appropriate conditions and shall not be incarcerated unless the 
juvenile fails to comply with a condition of probation.
    ``(ii) A juvenile is described in this clause if--
        ``(I) the offense of which the juvenile is charged is 
    possession of a handgun or ammunition in violation of section 
    922(x)(2); and
        ``(II) the juvenile has not been convicted in any court of an 
    offense (including an offense under section 922(x) or a similar 
    State law, but not including any other offense consisting of 
    conduct that if engaged in by an adult would not constitute an 
    offense) or adjudicated as a juvenile delinquent for conduct that 
    if engaged in by an adult would constitute an offense.
    ``(B) A person other than a juvenile who knowingly violates section 
922(x)--
        ``(i) shall be fined under this title, imprisoned not more than 
    1 year, or both; and
        ``(ii) if the person sold, delivered, or otherwise transferred 
    a handgun or ammunition to a juvenile knowing or having reasonable 
    cause to know that the juvenile intended to carry or otherwise 
    possess or discharge or otherwise use the handgun or ammunition in 
    the commission of a crime of violence, shall be fined under this 
    title, imprisoned not more than 10 years, or both.''.
    (c) Technical Amendment of Juvenile Delinquency Provisions in Title 
18, United States Code.--
        (1) Section 5031.--Section 5031 of title 18, United States 
    Code, is amended by inserting ``or a violation by such a person of 
    section 922(x)'' before the period at the end.
        (2) Section 5032.--Section 5032 of title 18, United States 
    Code, is amended--
            (A) in the first undesignated paragraph by inserting ``or 
        (x)'' after ``922(p)''; and
            (B) in the fourth undesignated paragraph by inserting ``or 
        section 922(x) of this title,'' before ``criminal prosecution 
        on the basis''.
    (d) Technical Amendment of the Juvenile Justice and Delinquency 
Prevention Act of 1974.--Section 223(a)(12)(A) of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is 
amended by striking ``which do not constitute violations of valid court 
orders'' and inserting ``(other than an offense that constitutes a 
violation of a valid court order or a violation of section 922(x) of 
title 18, United States Code, or a similar State law).''
    (e) Model Law.--The Attorney General, acting through the Director 
of the National Institute for Juvenile Justice and Delinquency 
Prevention, shall--
        (1) evaluate existing and proposed juvenile handgun legislation 
    in each State;
        (2) develop model juvenile handgun legislation that is 
    constitutional and enforceable;
        (3) prepare and disseminate to State authorities the findings 
    made as the result of the evaluation; and
        (4) report to Congress by December 31, 1995, findings and 
    recommendations concerning the need or appropriateness of further 
    action by the Federal Government.

                         Subtitle C--Licensure

SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A 
PHOTOGRAPH AND FINGERPRINTS.
    (a) Firearms Licensure.--Section 923(a) of title 18, United States 
Code, is amended in the second sentence by inserting ``and shall 
include a photograph and fingerprints of the applicant'' before the 
period.
    (b) Registration.--Section 5802 of the Internal Revenue Code of 
1986 is amended by inserting after the first sentence the following: 
``An individual required to register under this section shall include a 
photograph and fingerprints of the individual with the initial 
application.''.
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO 
LICENSE.
    Section 923(d)(1) of title 18, United States Code, is amended--
        (1) by striking ``and'' at the end of subparagraph (D);
        (2) by striking the period at the end of subparagraph (E) and 
    inserting ``; and''; and
        (3) by adding at the end the following new subparagraph:
        ``(F) the applicant certifies that--
            ``(i) the business to be conducted under the license is not 
        prohibited by State or local law in the place where the 
        licensed premise is located;
            ``(ii)(I) within 30 days after the application is approved 
        the business will comply with the requirements of State and 
        local law applicable to the conduct of the business; and
            ``(II) the business will not be conducted under the license 
        until the requirements of State and local law applicable to the 
        business have been met; and
            ``(iii) that the applicant has sent or delivered a form to 
        be prescribed by the Secretary, to the chief law enforcement 
        officer of the locality in which the premises are located, 
        which indicates that the applicant intends to apply for a 
        Federal firearms license.''.

SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.

    Section 923(d)(2) of title 18, United States Code, is amended by 
striking ``forty-five-day'' and inserting ``60-day''.
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
    Section 923(g)(1)(B)(ii) of title 18, United States Code, is 
amended to read as follows:
                ``(ii) for ensuring compliance with the record keeping 
            requirements of this chapter--

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

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

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

SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.

    Section 923(g) of title 18, United States Code, as amended by 
section 110405, is amended by adding at the end the following new 
paragraph:
        ``(7) Each licensee shall respond immediately to, and in no 
    event later than 24 hours after the receipt of, a request by the 
    Secretary for information contained in the records required to be 
    kept by this chapter as may be required for determining the 
    disposition of 1 or more firearms in the course of a bona fide 
    criminal investigation. The requested information shall be provided 
    orally or in writing, as the Secretary may require. The Secretary 
    shall implement a system whereby the licensee can positively 
    identify and establish that an individual requesting information 
    via telephone is employed by and authorized by the agency to 
    request such information.''.
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.
    Section 923 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
        ``(1) The Secretary of the Treasury shall notify the chief law 
    enforcement officer in the appropriate State and local 
    jurisdictions of the names and addresses of all persons in the 
    State to whom a firearms license is issued.''.

                     Subtitle D--Domestic Violence

SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF 
FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
    (a) Intimate Partner Defined.--Section 921(a) of title 18, United 
States Code, as amended by section 110103(b), is amended by inserting 
at the end the following new paragraph:
    ``(32) The term `intimate partner' means, with respect to a person, 
the spouse of the person, a former spouse of the person, an individual 
who is a parent of a child of the person, and an individual who 
cohabitates or has cohabited with the person.''.
    (b) Prohibition Against Disposal of Firearms.--Section 922(d) of 
title 18, United States Code, is amended--
        (1) by striking ``or'' at the end of paragraph (6);
        (2) by striking the period at the end of paragraph (7) and 
    inserting ``; or''; and
        (3) by inserting after paragraph (7) the following new 
    paragraph:
        ``(8) is subject to a court order that restrains such person 
    from harassing, stalking, or threatening an intimate partner of 
    such person or child of such intimate partner or person, or 
    engaging in other conduct that would place an intimate partner in 
    reasonable fear of bodily injury to the partner or child, except 
    that this paragraph shall only apply to a court order that--
            ``(A) was issued after a hearing of which such person 
        received actual notice, and at which such person had the 
        opportunity to participate; and
            ``(B)(i) includes a finding that such person represents a 
        credible threat to the physical safety of such intimate partner 
        or child; or
            ``(ii) by its terms explicitly prohibits the use, attempted 
        use, or threatened use of physical force against such intimate 
        partner or child that would reasonably be expected to cause 
        bodily injury.''.
    (c) Prohibition Against Receipt of Firearms.--Section 922(g) of 
title 18, United States Code, is amended--
        (1) by striking ``or'' at the end of paragraph (6);
        (2) by inserting ``or'' at the end of paragraph (7); and
        (3) by inserting after paragraph (7) the following:
        ``(8) who is subject to a court order that--
            ``(A) was issued after a hearing of which such person 
        received actual notice, and at which such person had an 
        opportunity to participate;
            ``(B) restrains such person from harassing, stalking, or 
        threatening an intimate partner of such person or child of such 
        intimate partner or person, or engaging in other conduct that 
        would place an intimate partner in reasonable fear of bodily 
        injury to the partner or child; and
            ``(C)(i) includes a finding that such person represents a 
        credible threat to the physical safety of such intimate partner 
        or child; or
            ``(ii) by its terms explicitly prohibits the use, attempted 
        use, or threatened use of physical force against such intimate 
        partner or child that would reasonably be expected to cause 
        bodily injury,''.
    (d) Storage of Firearms.--Section 926(a) of title 18, United States 
Code, is amended--
        (1) by striking ``and'' at the end of paragraph (1);
        (2) by striking the period at the end of paragraph (2) and 
    inserting ``; and''; and
        (3) by inserting after paragraph (2) the following:
        ``(3) regulations providing for effective receipt and secure 
    storage of firearms relinquished by or seized from persons 
    described in subsection (d)(8) or (g)(8) of section 922.''.
    (e) Return of Firearms.--Section 924(d)(1) of title 18, United 
States Code, is amended by striking ``the seized'' and inserting ``or 
lapse of or court termination of the restraining order to which he is 
subject, the seized or relinquished''.

                    Subtitle E--Gun Crime Penalties

SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING 
A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
    (a) Amendment to Sentencing Guidelines.--Pursuant to its authority 
under section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend its sentencing guidelines to provide 
an appropriate enhancement of the punishment for a crime of violence 
(as defined in section 924(c)(3) of title 18, United States Code) or a 
drug trafficking crime (as defined in section 924(c)(2) of title 18, 
United States Code) if a semiautomatic firearm is involved.
    (b) Semiautomatic Firearm.--In subsection (a), ``semiautomatic 
firearm'' means any repeating firearm that utilizes a portion of the 
energy of a firing cartridge to extract the fired cartridge case and 
chamber the next round and that requires a separate pull of the trigger 
to fire each cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE 
TO COMMIT A FELONY.
    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall promulgate 
amendments to the sentencing guidelines to appropriately enhance 
penalties in a case in which a defendant convicted under section 844(h) 
of title 18, United States Code, has previously been convicted under 
that section.

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

    Section 924 of title 18, United States Code, as amended by section 
60013, is amended by adding at the end the following new subsection:
    ``(j) A person who, with intent to engage in or to promote conduct 
that--
        ``(1) is punishable under the Controlled Substances Act (21 
    U.S.C. 801 et seq.), the Controlled Substances Import and Export 
    Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement 
    Act (46 U.S.C. App. 1901 et seq.);
        ``(2) violates any law of a State relating to any controlled 
    substance (as defined in section 102 of the Controlled Substances 
    Act, 21 U.S.C. 802); or
        ``(3) constitutes a crime of violence (as defined in subsection 
    (c)(3),
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned not more than 10 years, fined 
under this title, or both.''.

SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 110203(a), is amended by adding at the end the 
following new subsection:
    ``(k) A person who steals any firearm which is moving as, or is a 
part of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(k) A person who steals any explosives materials which are moving 
as, or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years, fined under 
this title, or both.''.
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.
    Section 3583 of title 18, United States Code, is amended--
        (1) in subsection (d) by striking ``possess illegal controlled 
    substances'' and inserting ``unlawfully possess a controlled 
    substance'';
        (2) in subsection (e)--
            (A) by striking ``person'' each place such term appears in 
        such subsection and inserting ``defendant''; and
            (B) by amending paragraph (3) to read as follows:
        ``(3) revoke a term of supervised release, and require the 
    defendant to serve in prison all or part of the term of supervised 
    release authorized by statute for the offense that resulted in such 
    term of supervised release without credit for time previously 
    served on postrelease supervision, if the court, pursuant to the 
    Federal Rules of Criminal Procedure applicable to revocation of 
    probation or supervised release, finds by a preponderance of the 
    evidence that the defendant violated a condition of supervised 
    release, except that a defendant whose term is revoked under this 
    paragraph may not be required to serve more than 5 years in prison 
    if the offense that resulted in the term of supervised release is a 
    class A felony, more than 3 years in prison if such offense is a 
    class B felony, more than 2 years in prison if such offense is a 
    class C or D felony, or more than one year in any other case; or''; 
    and
        (3) by striking subsection (g) and inserting the following:
    ``(g) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or for Refusal To Comply With Drug Testing.--If the 
defendant--
        ``(1) possesses a controlled substance in violation of the 
    condition set forth in subsection (d);
        ``(2) possesses a firearm, as such term is defined in section 
    921 of this title, in violation of Federal law, or otherwise 
    violates a condition of supervised release prohibiting the 
    defendant from possessing a firearm; or
        ``(3) refuses to comply with drug testing imposed as a 
    condition of supervised release;
the court shall revoke the term of supervised release and require the 
defendant to serve a term of imprisonment not to exceed the maximum 
term of imprisonment authorized under subsection (e)(3).
    ``(h) Supervised Release Following Revocation.--When a term of 
supervised release is revoked and the defendant is required to serve a 
term of imprisonment that is less than the maximum term of imprisonment 
authorized under subsection (e)(3), the court may include a requirement 
that the defendant be placed on a term of supervised release after 
imprisonment. The length of such a term of supervised release shall not 
exceed the term of supervised release authorized by statute for the 
offense that resulted in the original term of supervised release, less 
any term of imprisonment that was imposed upon revocation of supervised 
release.
    ``(i) Delayed Revocation.--The power of the court to revoke a term 
of supervised release for violation of a condition of supervised 
release, and to order the defendant to serve a term of imprisonment 
and, subject to the limitations in subsection (h), a further term of 
supervised release, extends beyond the expiration of the term of 
supervised release for any period reasonably necessary for the 
adjudication of matters arising before its expiration if, before its 
expiration, a warrant or summons has been issued on the basis of an 
allegation of such a violation.''.

SEC. 110506. REVOCATION OF PROBATION.

    (a) In General.--Section 3565(a) of title 18, United States Code, 
is amended--
        (1) in paragraph (2) by striking ``impose any other sentence 
    that was available under subchapter A at the time of the initial 
    sentencing'' and inserting ``resentence the defendant under 
    subchapter A''; and
        (2) by striking the last sentence.
    (b) Mandatory Revocation.--Section 3565(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or Refusal To Comply With Drug Testing.--If the defendant--
        ``(1) possesses a controlled substance in violation of the 
    condition set forth in section 3563(a)(3);
        ``(2) possesses a firearm, as such term is defined in section 
    921 of this title, in violation of Federal law, or otherwise 
    violates a condition of probation prohibiting the defendant from 
    possessing a firearm; or
        ``(3) refuses to comply with drug testing, thereby violating 
    the condition imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and resentence the 
defendant under subchapter A to a sentence that includes a term of 
imprisonment.''.
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL 
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A 
LICENSED DEALER.
    Section 924(a) of title 18, United States Code, is amended--
        (1) in subsection (a)(1)(B) by striking ``(a)(6),''; and
        (2) in subsection (a)(2) by inserting ``(a)(6),'' after 
    ``subsections''.

SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

    Section 842(i) of title 18, United States Code, is amended by 
inserting ``or possess'' after ``to receive''.
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
    Section 844(c) of title 18, United States Code, is amended--
        (1) by inserting ``(1)'' after ``(c)''; and
        (2) by adding at the end the following new paragraphs:
    ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture in which it would be impracticable or unsafe 
to remove the materials to a place of storage or would be unsafe to 
store them, the seizing officer may destroy the explosive materials 
forthwith. Any destruction under this paragraph shall be in the 
presence of at least 1 credible witness. The seizing officer shall make 
a report of the seizure and take samples as the Secretary may by 
regulation prescribe.
    ``(3) Within 60 days after any destruction made pursuant to 
paragraph (2), the owner of (including any person having an interest 
in) the property so destroyed may make application to the Secretary for 
reimbursement of the value of the property. If the claimant establishes 
to the satisfaction of the Secretary that--
        ``(A) the property has not been used or involved in a violation 
    of law; or
        ``(B) any unlawful involvement or use of the property was 
    without the claimant's knowledge, consent, or willful blindness,
the Secretary shall make an allowance to the claimant not exceeding the 
value of the property destroyed.''.
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
    (a) Section 924(e)(1) of Title 18.--Section 924(e)(1) of title 18, 
United States Code, is amended by striking ``, and such person shall 
not be eligible for parole with respect to the sentence imposed under 
this subsection''.
    (b) Section 924(c)(1) of Title 18.--Section 924(c)(1) of title 18, 
United States Code, is amended by striking ``No person sentenced under 
this subsection shall be eligible for parole during the term of 
imprisonment imposed under this subsection.''.
SEC. 110511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS 
WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.
    Section 922(j) of title 18, United States Code, is amended to read 
as follows:
    ``(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan any 
stolen firearm or stolen ammunition, which is moving as, which is a 
part of, which constitutes, or which has been shipped or transported 
in, interstate or foreign commerce, either before or after it was 
stolen, knowing or having reasonable cause to believe that the firearm 
or ammunition was stolen.''.
SEC. 110512. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR 
FORGERY.
    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to provide an appropriate enhancement of the 
punishment for a defendant convicted of a felony under chapter 25 of 
title 18, United States Code, if the defendant used or carried a 
firearm (as defined in section 921(a)(3) of title 18, United States 
Code) during and in relation to the felony.
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT 
FELONS AND SERIOUS DRUG OFFENDERS.
    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend its 
sentencing guidelines to--
        (1) appropriately enhance penalties in cases in which a 
    defendant convicted under section 922(g) of title 18, United States 
    Code, has 1 prior conviction by any court referred to in section 
    922(g)(1) of title 18 for a violent felony (as defined in section 
    924(e)(2)(B) of that title) or a serious drug offense (as defined 
    in section 924(e)(2)(A) of that title); and
        (2) appropriately enhance penalties in cases in which such a 
    defendant has 2 prior convictions for a violent felony (as so 
    defined) or a serious drug offense (as so defined).

SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.

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

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

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

SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

    Section 842(d) of title 18, United States Code, is amended by 
striking ``licensee'' and inserting ``person''.
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
    Section 924 of title 18, United States Code, as amended by section 
110515(a), is amended by adding at the end the following new 
subsection:
    ``(m) A person who, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from any State 
or foreign country into any other State and acquires, or attempts to 
acquire, a firearm in such other State in furtherance of such purpose 
shall be imprisoned for not more than 10 years.''.

SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.

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

SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.

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

                          TITLE XII--TERRORISM

SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CERTAIN 
TERRORISM OFFENSES.
    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 3285 the following new section:

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

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

``3286. Extension of statute of limitation for certain terrorism 
          offenses.''.
SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS 
ON CERTAIN FOREIGN SHIPS.
    Section 7 of title 18, United States Code (relating to the special 
maritime and territorial jurisdiction of the United States), is amended 
by inserting at the end thereof the following new paragraph:
    ``(8) To the extent permitted by international law, any foreign 
vessel during a voyage having a scheduled departure from or arrival in 
the United States with respect to an offense committed by or against a 
national of the United States.''.

SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

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

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

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

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

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

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

SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.
    The United States Sentencing Commission is directed to amend its 
sentencing guidelines to provide an appropriate enhancement for any 
felony, whether committed within or outside the United States, that 
involves or is intended to promote international terrorism, unless such 
involvement or intent is itself an element of the crime.

SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

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

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

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

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

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR 
REENTERING, AFTER FINAL ORDER OF DEPORTATION.
    (a) Failure To Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
        (1) by striking ``paragraph (2), (3), or (4) of'' the first 
    time it appears; and
        (2) by striking ``shall be imprisoned not more than ten years'' 
    and inserting ``shall be imprisoned not more than four years, or 
    shall be imprisoned not more than ten years if the alien is a 
    member of any of the classes described in paragraph (1)(E), (2), 
    (3), or (4) of section 241(a).''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
        (1) in paragraph (1)--
            (A) by inserting after ``commission of'' the following: 
        ``three or more misdemeanors involving drugs, crimes against 
        the person, or both, or''; and
            (B) by striking ``5'' and inserting ``10'';
        (2) in paragraph (2), by striking ``15'' and inserting ``20''; 
    and
        (3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation' includes 
any agreement in which an alien stipulates to deportation during a 
criminal trial under either Federal or State law.''.

SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

    (a) Operation.--The Attorney General shall, under the authority of 
section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
1252(a)(3)(A)), operate a criminal alien tracking center.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $3,400,000 for fiscal year 1996;
        (2) $3,600,000 for fiscal year 1997;
        (3) $3,700,000 for fiscal year 1998;
        (4) $3,800,000 for fiscal year 1999; and
        (5) $3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM 
INFORMATION.
    (a) Establishment of New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
        (1) by striking ``or'' at the end of subparagraph (Q),
        (2) by striking the period at the end of subparagraph (R) and 
    inserting ``; or'', and
        (3) by adding at the end the following new subparagraph:
        ``(S) subject to section 214(j), an alien--
            ``(i) who the Attorney General determines--
                ``(I) is in possession of critical reliable information 
            concerning a criminal organization or enterprise;
                ``(II) is willing to supply or has supplied such 
            information to Federal or State law enforcement authorities 
            or a Federal or State court; and
                ``(III) whose presence in the United States the 
            Attorney General determines is essential to the success of 
            an authorized criminal investigation or the successful 
            prosecution of an individual involved in the criminal 
            organization or enterprise; or
            ``(ii) who the Secretary of State and the Attorney General 
        jointly determine--
                ``(I) is in possession of critical reliable information 
            concerning a terrorist organization, enterprise, or 
            operation;
                ``(II) is willing to supply or has supplied such 
            information to Federal law enforcement authorities or a 
            Federal court;
                ``(III) will be or has been placed in danger as a 
            result of providing such information; and
                ``(IV) is eligible to receive a reward under section 
            36(a) of the State Department Basic Authorities Act of 
            1956,
    and, if the Attorney General (or with respect to clause (ii), the 
    Secretary of State and the Attorney General jointly) considers it 
    to be appropriate, the spouse, married and unmarried sons and 
    daughters, and parents of an alien described in clause (i) or (ii) 
    if accompanying, or following to join, the alien.''.
    (b) Conditions of Entry.--
        (1) Waiver of grounds for exclusion.--Section 212(d) of the 
    Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by 
    inserting at the beginning the following new paragraph:
    ``(1) The Attorney General shall determine whether a ground for 
exclusion exists with respect to a nonimmigrant described in section 
101(a)(15)(S). The Attorney General, in the Attorney General's 
discretion, may waive the application of subsection (a) (other than 
paragraph (3)(E)) in the case of a nonimmigrant described in section 
101(a)(15)(S), if the Attorney General considers it to be in the 
national interest to do so. Nothing in this section shall be regarded 
as prohibiting the Immigration and Naturalization Service from 
instituting deportation proceedings against an alien admitted as a 
nonimmigrant under section 101(a)(15)(S) for conduct committed after 
the alien's admission into the United States, or for conduct or a 
condition that was not disclosed to the Attorney General prior to the 
alien's admission as a nonimmigrant under section 101(a)(15)(S).''.
        (2) Numerical limitations; period of admission; etc.--Section 
    214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
    amended by adding at the end the following new subsection:
    ``(j)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may not 
exceed 100. The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year may 
not exceed 25.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than 5 years after the date of the enactment of this 
subsection.
    ``(3) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years. Such period may not be extended by the Attorney 
General.
    ``(4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
        ``(A) shall report not less often than quarterly to the 
    Attorney General such information concerning the alien's 
    whereabouts and activities as the Attorney General may require;
        ``(B) may not be convicted of any criminal offense punishable 
    by a term of imprisonment of 1 year or more after the date of such 
    admission;
        ``(C) must have executed a form that waives the nonimmigrant's 
    right to contest, other than on the basis of an application for 
    withholding of deportation, any action for deportation of the alien 
    instituted before the alien obtains lawful permanent resident 
    status; and
        ``(D) shall abide by any other condition, limitation, or 
    restriction imposed by the Attorney General.
    ``(5) The Attorney General shall submit a report annually to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate concerning--
        ``(A) the number of such nonimmigrants admitted;
        ``(B) the number of successful criminal prosecutions or 
    investigations resulting from cooperation of such aliens;
        ``(C) the number of terrorist acts prevented or frustrated 
    resulting from cooperation of such aliens;
        ``(D) the number of such nonimmigrants whose admission or 
    cooperation has not resulted in successful criminal prosecution or 
    investigation or the prevention or frustration of a terrorist act; 
    and
        ``(E) the number of such nonimmigrants who have failed to 
    report quarterly (as required under paragraph (4)) or who have been 
    convicted of crimes in the United States after the date of their 
    admission as such a nonimmigrant.''.
        (3) Prohibition of change of status.--Section 248(1) of the 
    Immigration and Naturalization Act (8 U.S.C. 1258(1)) is amended by 
    striking ``or (K)'' and inserting ``(K), or (S)''.
    (c) Adjustment to Permanent Resident Status.--
        (1) In general.--Section 245 of the Immigration and Nationality 
    Act (8 U.S.C. 1255) is amended by adding at the end the following 
    new subsection:
    ``(i)(1) If, in the opinion of the Attorney General--
        ``(A) a nonimmigrant admitted into the United States under 
    section 101(a)(15)(S)(i) has supplied information described in 
    subclause (I) of such section; and
        ``(B) the provision of such information has substantially 
    contributed to the success of an authorized criminal investigation 
    or the prosecution of an individual described in subclause (III) of 
    that section,
the Attorney General may adjust the status of the alien (and the 
spouse, married and unmarried sons and daughters, and parents of the 
alien if admitted under that section) to that of an alien lawfully 
admitted for permanent residence if the alien is not described in 
section 212(a)(3)(E).
    ``(2) If, in the sole discretion of the Attorney General--
        ``(A) a nonimmigrant admitted into the United States under 
    section 101(a)(15)(S)(ii) has supplied information described in 
    subclause (I) of such section, and
        ``(B) the provision of such information has substantially 
    contributed to--
            ``(i) the prevention or frustration of an act of terrorism 
        against a United States person or United States property, or
            ``(ii) the success of an authorized criminal investigation 
        of, or the prosecution of, an individual involved in such an 
        act of terrorism, and
        ``(C) the nonimmigrant has received a reward under section 
    36(a) of the State Department Basic Authorities Act of 1956,
the Attorney General may adjust the status of the alien (and the 
spouse, married and unmarried sons and daughters, and parents of the 
alien if admitted under such section) to that of an alien lawfully 
admitted for permanent residence if the alien is not described in 
section 212(a)(3)(E).
    ``(3) Upon the approval of adjustment of status under paragraphs 
(1) or (2), the Attorney General shall record the alien's lawful 
admission for permanent residence as of the date of such approval and 
the Secretary of State shall reduce by one the number of visas 
authorized to be issued under sections 201(d) and 203(b)(4) for the 
fiscal year then current.''.
        (2) Exclusive means of adjustment.--Section 245(c) of the 
    Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended by 
    striking ``or'' before ``(4)'' and by inserting before the period 
    at the end the following: ``; or (5) an alien who was admitted as a 
    nonimmigrant described in section 101(a)(15)(S)''.
    (d) Extension of Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8 
U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting ``(or 10 years in 
the case of an alien provided lawful permanent resident status under 
section 245(i))'' after ``five years''.
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
NOT PERMANENT RESIDENTS.
    (a) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended by adding at the end the following new subsection:
    ``(b) Deportation of Aliens Who Are Not Permanent Residents.--
        ``(1) The Attorney General may, in the case of an alien 
    described in paragraph (2), determine the deportability of such 
    alien under section 241(a)(2)(A)(iii) (relating to conviction of an 
    aggravated felony) and issue an order of deportation pursuant to 
    the procedures set forth in this subsection or section 242(b).
        ``(2) An alien is described in this paragraph if the alien--
            ``(A) was not lawfully admitted for permanent residence at 
        the time at which proceedings under this section commenced; and
            ``(B) is not eligible for any relief from deportation under 
        this Act.
        ``(3) The Attorney General may not execute any order described 
    in paragraph (1) until 30 calendar days have passed from the date 
    that such order was issued, unless waived by the alien, in order 
    that the alien has an opportunity to apply for judicial review 
    under section 106.
        ``(4) Proceedings before the Attorney General under this 
    subsection shall be in accordance with such regulations as the 
    Attorney General shall prescribe. The Attorney General shall 
    provide that--
            ``(A) the alien is given reasonable notice of the charges 
        and of the opportunity described in subparagraph (C);
            ``(B) the alien shall have the privilege of being 
        represented (at no expense to the government) by such counsel, 
        authorized to practice in such proccedings, as the alien shall 
        choose;
            ``(C) the alien has a reasonable opportunity to inspect the 
        evidence and rebut the charges;
            ``(D) the determination of deportability is supported by 
        clear, convincing, and unequivocal evidence and a record is 
        maintained for judicial review; and
            ``(E) the final order of deportation is not entered by the 
        same person who issues the charges.''.
    (b) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
        (1) in the first sentence of subsection (a), by inserting ``or 
    pursuant to section 242A'' after ``under section 242(b)'';
        (2) in subsection (a)(1) and subsection (a)(3), by inserting 
    ``(including an alien described in section 242A)'' after 
    ``aggravated felony''; and
        (3) by adding at the end the following new subsection:
    ``(d)(1) A petition for review or for habeas corpus on behalf of an 
alien against whom a final order of deportation has been issued 
pursuant to section 242A(b) may challenge only--
        ``(A) whether the alien is in fact the alien described in the 
    order;
        ``(B) whether the alien is in fact an alien described in 
    section 242A(b)(2);
        ``(C) whether the alien has been convicted of an aggravated 
    felony and such conviction has become final; and
        ``(D) whether the alien was afforded the procedures required by 
    section 242A(b)(5).
    ``(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).''.
    (c) Technical Amendments.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended--
        (1) by amending the heading to read as follows:


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

        (2) in subsection (a), as designated prior to enactment of this 
    Act, by striking ``(a) In General.--'' and inserting the following:
    ``(a) Deportation of Criminal Aliens.--
        ``(1) in general.--'';
        (3) in subsection (b), as designated prior to enactment of this 
    Act, by striking ``(b) Implementation.--'' and inserting ``(2) 
    Implementation.--'';
        (4) by striking subsection (c);
        (5) in subsection (d)--
            (A) by striking ``(d) Expedited Proceedings.--(1)'' and 
        inserting ``(3) expedited proceedings.--(A)''; and
            (B) by striking ``(2)'' and inserting ``(B)''; and
        (6) in subsection (e)--
            (A) by striking ``(e) Review.--(1)'' and inserting ``(4) 
        review.--(A)'';
            (B) by striking the second sentence; and
            (C) by striking ``(2)'' and inserting ``(B)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.
    (a) In General.--The Attorney General may provide for the 
expeditious adjudication of asylum claims and the expeditious 
deportation of asylum applicants whose applications have been finally 
denied, unless the applicant remains in an otherwise valid nonimmigrant 
status.
    (b) Employment Authorization.--Section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the 
following new subsection:
    ``(e) An applicant for asylum is not entitled to employment 
authorization except as may be provided by regulation in the discretion 
of the Attorney General.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $64,000,000 for fiscal year 1995;
        (2) $90,000,000 for fiscal year 1996;
        (3) $93,000,000 for fiscal year 1997; and
        (4) $91,000,000 for fiscal year 1998.

SEC. 130006. IMPROVING BORDER CONTROLS.

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

SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

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

SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, the Attorney General, in the discretion of the 
Attorney General, may accept, hold, administer, and utilize gifts of 
property and services (which may not include cash assistance) from 
State and local governments for the purpose of assisting the 
Immigration and Naturalization Service in the transportation of 
deportable aliens who are arrested for misdemeanor or felony crimes 
under State or Federal law and who are either unlawfully within the 
United States or willing to submit to voluntary departure under 
safeguards. Any property acquired pursuant to this section shall be 
acquired in the name of the United States.
    (b) Limitation.--The Attorney General shall terminate or rescind 
the exercise of the authority under subsection (a) if the Attorney 
General determines that the exercise of such authority has resulted in 
discrimination by law enforcement officials on the basis of race, 
color, or national origin.
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
    (a) In General.--Chapter 75 of title 18, United States Code, is 
amended--
        (1) in section 1541 by striking ``not more than $500 or 
    imprisoned not more than one year'' and inserting ``under this 
    title, imprisoned not more than 10 years'';
        (2) in each of sections 1542, 1543, and 1544 by striking ``not 
    more than $2,000 or imprisoned not more than five years'' and 
    inserting ``under this title, imprisoned not more than 10 years'';
        (3) in section 1545 by striking ``not more than $2,000 or 
    imprisoned not more than three years'' and inserting ``under this 
    title, imprisoned not more than 10 years'';
        (4) in section 1546(a) by striking ``five years'' and inserting 
    ``10 years'';
        (5) in section 1546(b) by striking ``in accordance with this 
    title, or imprisoned not more than two years'' and inserting 
    ``under this title, imprisoned not more than 5 years''; and
        (6) by adding at the end the following new section:

``Sec. 1547. Alternative imprisonment maximum for certain offenses

    ``Notwithstanding any other provision of this title, the maximum 
term of imprisonment that may be imposed for an offense under this 
chapter (other than an offense under section 1545)--
        ``(1) if committed to facilitate a drug trafficking crime (as 
    defined in 929(a)) is 15 years; and
        ``(2) if committed to facilitate an act of international 
    terrorism (as defined in section 2331) is 20 years.''.
    (b) Technical Amendment.--The chapter analysis for chapter 75 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1547. Alternative imprisonment maximum for certain offenses.''.

SEC. 130010. ASYLUM.

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

                       TITLE XIV--YOUTH VIOLENCE

SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF 
VIOLENCE.
    The 4th undesignated paragraph of section 5032 of title 18, United 
States Code, is amended by striking ``; however'' and inserting ``. In 
the application of the preceding sentence, if the crime of violence is 
an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the 
juvenile possessed a firearm during the offense, section 2111, 2113, 
2241(a), or 2241(c), `thirteen' shall be substituted for `fifteen' and 
`thirteenth' shall be substituted for `fifteenth'. Notwithstanding 
sections 1152 and 1153, no person subject to the criminal jurisdiction 
of an Indian tribal government shall be subject to the preceding 
sentence for any offense the Federal jurisdiction for which is 
predicated solely on Indian country (as defined in section 1151), and 
which has occurred within the boundaries of such Indian country, unless 
the governing body of the tribe has elected that the preceding sentence 
have effect over land and persons subject to its criminal jurisdiction. 
However''.

SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.

    Section 5032 of title 18, United States Code, is amended by 
striking ``Any proceedings against a juvenile under this chapter or as 
an adult shall not be commenced until'' and inserting ``A juvenile 
shall not be transferred to adult prosecution nor shall a hearing be 
held under section 5037 (disposition after a finding of juvenile 
delinquency) until''.

SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.

    Section 5039 of title 18, United States Code, is amended by 
inserting ``, whether pursuant to an adjudication of delinquency or 
conviction for an offense,'' after ``committed'' the first place it 
appears.

SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751), as amended by section 100003, is 
amended--
        (1) by striking ``and'' at the end of paragraph (21);
        (2) by striking the period at the end of paragraph (22) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(23) programs that address the need for effective bindover 
    systems for the prosecution of violent 16- and 17-year-old 
    juveniles in courts with jurisdiction over adults for the crimes 
    of--
            ``(A) murder in the first degree;
            ``(B) murder in the second degree;
            ``(C) attempted murder;
            ``(D) armed robbery when armed with a firearm;
            ``(E) aggravated battery or assault when armed with a 
        firearm;
            ``(F) criminal sexual penetration when armed with a 
        firearm; and
            ``(G) drive-by shootings as described in section 36 of 
        title 18, United States Code.''.
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY 
JUVENILES.
    Section 5038 of title 18, United States Code, is amended in 
subsection (f) by adding ``or whenever a juvenille has been found 
guilty of committing an act after his 13th birthday which if committed 
by an adult would be an offense described in the second sentence of the 
fourth paragraph of section 5032 of this title,'' after ``title 21,''.
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE 
DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
        (1) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively; and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Notwithstanding any other law, any person at least 21 years 
of age who knowingly and intentionally--
        ``(1) employs, hires, uses, persuades, induces, entices, or 
    coerces a person under 18 years of age to violate this section; or
        ``(2) employs, hires, uses, persuades, induces, entices, or 
    coerces a person under 18 years of age to assist in avoiding 
    detection or apprehension for any offense under this section by any 
    Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple 
those authorized by section 401.''.
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING 
VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.
    (a) Travel Act Penalties.--Section 1952(a) of title 18, United 
States Code, is amended by striking ``and thereafter performs or 
attempts to perform any of the acts specified in subparagraphs (1), 
(2), and (3), shall be fined not more than $10,000 or imprisoned for 
not more than five years, or both.'' and inserting ``and thereafter 
performs or attempts to perform--
        ``(A) an act described in paragraph (1) or (3) shall be fined 
    under this title, imprisoned not more than 5 years, or both; or
        ``(B) an act described in paragraph (2) shall be fined under 
    this title, imprisoned for not more than 20 years, or both, and if 
    death results shall be imprisoned for any term of years or for 
    life.''.
    (b) Murder Conspiracy Penalties.--Section 1958(a) of title 18, 
United States Code, is amended by inserting ``or who conspires to do 
so'' before ``shall be fined'' the first place it appears.

SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.

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

                    TITLE XV--CRIMINAL STREET GANGS

SEC. 150001. CRIMINAL STREET GANGS.

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

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec. 521. Criminal street gangs

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

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

SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
    Section 5032 of title 18, United States Code, is amended--
        (1) in the first undesignated paragraph by striking ``922(p)'' 
    and inserting ``924(b), (g), or (h)'';
        (2) in the fourth undesignated paragraph by inserting ``or in 
    section 924(b), (g), or (h) of this title,'' before ``criminal 
    prosecution'' the first place it appears; and
        (3) in the fifth undesignated paragraph by adding at the end 
    the following: ``In considering the nature of the offense, as 
    required by this paragraph, the court shall consider the extent to 
    which the juvenile played a leadership role in an organization, or 
    otherwise influenced other persons to take part in criminal 
    activities, involving the use or distribution of controlled 
    substances or firearms. Such a factor, if found to exist, shall 
    weigh in favor of a transfer to adult status, but the absence of 
    this factor shall not preclude such a transfer.''.
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section 140004, 
is amended--
        (1) by striking ``and'' at the end of paragraph (22);
        (2) by striking the period at the end of paragraph (23) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(24) law enforcement and prevention programs relating to 
    gangs, or to youth who are involved or at risk of involvement in 
    gangs.''.

SEC. 150006. MENTORING PROGRAM.

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


                       ``REGULATIONS AND GUIDELINES

    ``Sec. 288C. (a) Program Guidelines.--The Administrator shall issue 
program guidelines to implement this part. The program guidelines shall 
be effective only after a period for public notice and comment.
    ``(b) Model Screening Guidelines.--The Administrator shall develop 
and distribute to program participants specific model guidelines for 
the screening of prospective program mentors.''.
SEC. 150007. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY 
ASSISTED LOW-INCOME HOUSING.
    Grants authorized in this Act to reduce or prevent juvenile drug 
and gang-related activity in ``public housing'' may be used for such 
purposes in federally assisted, low-income housing.
SEC. 150008. GANG INVESTIGATION COORDINATION AND INFORMATION 
COLLECTION.
    (a) Coordination.--The Attorney General (or the Attorney General's 
designee), in consultation with the Secretary of the Treasury (or the 
Secretary's designee), shall develop a national strategy to coordinate 
gang-related investigations by Federal law enforcement agencies.
    (b) Data Collection.--The Director of the Federal Bureau of 
Investigation shall acquire and collect information on incidents of 
gang violence for inclusion in an annual uniform crime report.
    (c) Report.--The Attorney General shall prepare a report on 
national gang violence outlining the strategy developed under 
subsection (a) to be submitted to the President and Congress by January 
1, 1996.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 1996.

SEC. 150009. MULTIJURISDICTIONAL GANG TASK FORCES.

    Section 504(f) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting ``victims assistance 
programs, or multijurisdictional gang task forces'' after ``drug task 
forces''.

                      TITLE XVI--CHILD PORNOGRAPHY

SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD 
PORNOGRAPHY.
    (a) Import Related Offense.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following new section:

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

    ``(a) Use of Minor.--A person who, outside the United States, 
employs, uses, persuades, induces, entices, or coerces any minor to 
engage in, or who has a minor assist any other person to engage in, or 
who transports any minor with the intent that the minor engage in any 
sexually explicit conduct for the purpose of producing any visual 
depiction of such conduct, intending that the visual depiction will be 
imported into the United States or into waters within 12 miles of the 
coast of the United States, shall be punished as provided in subsection 
(c).
    ``(b) Use of Visual Depiction.--A person who, outside the United 
States, knowingly receives, transports, ships, distributes, sells, or 
possesses with intent to transport, ship, sell, or distribute any 
visual depiction of a minor engaging in sexually explicit conduct (if 
the production of the visual depiction involved the use of a minor 
engaging in sexually explicit conduct), intending that the visual 
depiction will be imported into the United States or into waters within 
a distance of 12 miles of the coast of the United States, shall be 
punished as provided in subsection (c).
    ``(c) Penalties.--A person who violates subsection (a) or (b), or 
conspires or attempts to do so--
        ``(1) shall be fined under this title, imprisoned not more than 
    10 years, or both; and
        ``(2) if the person has a prior conviction under this chapter 
    or chapter 109A, shall be fined under this title, imprisoned not 
    more than 20 years, or both.''.
    (b) Technical Amendment.--
        (1) Chapter analysis.--The chapter analysis for chapter 110 of 
    title 18, United States Code, is amended by adding at the end the 
    following new item:

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

        (2) Fine provisions.--Section 2251(d) of title 18, United 
    States Code, is amended--
            (A) by striking ``not more than $100,000, or'' and 
        inserting ``under this title,'';
            (B) by striking ``not more than $200,000, or'' and 
        inserting ``under this title,''; and
            (C) by striking ``not more than $250,000'' and inserting 
        ``under this title''.
    (c) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18, 
United States Code, is amended by striking ``this section'' the second 
place it appears and inserting ``this chapter or chapter 109A''.
    (d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 
18, United States Code, is amended by striking ``this section'' and 
inserting ``this chapter or chapter 109A''.
    (e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 
18, United States Code, are each amended by inserting ``, or attempts 
or conspires to violate,'' after ``violates'' each place it appears.
    (f) RICO Amendment.--Section 1961(l) of title 18, United States 
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2251A, 
2252, and 2258''.
    (g) Transportation of Minors.--Section 2423 of title 18, United 
States Code, is amended--
        (1) by striking ``(a) Whoever'' and inserting ``(a) 
    Transportation With Intent To Engage in Criminal Sexual Activity.--
    A person who''; and
        (2) by adding at the end the following new subsection:
    ``(b) Travel With Intent To Engage in Sexual Act With a Juvenile.--
A person who travels in interstate commerce, or conspires to do so, or 
a United States citizen or an alien admitted for permanent residence in 
the United States who travels in foreign commerce, or conspires to do 
so, for the purpose of engaging in any sexual act (as defined in 
section 2245) with a person under 18 years of age that would be in 
violation of chapter 109A if the sexual act occurred in the special 
maritime and territorial jurisdiction of the United States shall be 
fined under this title, imprisoned not more than 10 years, or both.''.
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING 
CHILD PORNOGRAPHY.
    It is the sense of the Congress that each State that has not yet 
done so should enact legislation prohibiting the production, 
distribution, receipt, or simple possession of materials depicting a 
person under 18 years of age engaging in sexually explicit conduct (as 
defined in section 2256 of title 18, United States Code) and providing 
for a maximum imprisonment of at least 1 year and for the forfeiture of 
assets used in the commission or support of, or gained from, such 
offenses.
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 
2252 AND 2256 OF TITLE 18, UNITED STATES CODE.
    (a) Declaration.--The Congress declares that in enacting sections 
2252 and 2256 of title 18, United States Code, it was and is the intent 
of Congress that--
        (1) the scope of ``exhibition of the genitals or pubic area'' 
    in section 2256(2)(E), in the definition of ``sexually explicit 
    conduct'', is not limited to nude exhibitions or exhibitions in 
    which the outlines of those areas were discernible through 
    clothing; and
        (2) the requirements in section 2252(a) (1)(A), (2)(A), 
    (3)(B)(i), and (4)(B)(i) that the production of a visual depiction 
    involve the use of a minor engaging in ``sexually explicit 
    conduct'' of the kind described in section 2256(2)(E) are satisfied 
    if a person photographs a minor in such a way as to exhibit the 
    child in a lascivious manner.
    (b) Sense of the Congress.--It is the sense of the Congress that in 
filing its brief in United States v. Knox, No. 92-1183, and thereby 
depriving the United States Supreme Court of the adverseness necessary 
for full and fair presentation of the issues arising in the case, the 
Department of Justice did not accurately reflect the intent of Congress 
in arguing that ``the videotapes in [the Knox case] constitute 
`lascivious exhibition[s] of the genitals or pubic area' only if those 
body parts are visible in the tapes and the minors posed or acted 
lasciviously.''.

                  TITLE XVII--CRIMES AGAINST CHILDREN
   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

SEC. 170101. ESTABLISHMENT OF PROGRAM.

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

                    (I) makes such an attempt a criminal offense; and
                    (II) chooses to include such an offense in those 
                which are criminal offenses against a victim who is a 
                minor for the purposes of this section.

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

                 Subtitle B--Assaults Against Children

SEC. 170201. ASSAULTS AGAINST CHILDREN.

    (a) Simple Assault.--Section 113(e) of title 18, United States 
Code, is amended by inserting ``, or if the victim of the assault is an 
individual who has not attained the age of 16 years, by fine under this 
title or imprisonment for not more than 1 year, or both'' before the 
period.
    (b) Assaults Resulting in Substantial Bodily Injury.--Section 113 
of title 18, United States Code, is amended by adding at the end the 
following:
        ``(7) Assault resulting in substantial bodily injury to an 
    individual who has not attained the age of 16 years, by fine under 
    this title or imprisonment for not more than 5 years, or both.''.
    (c) Technical and Stylistic Changes to Section 113.--Section 113 of 
title 18, United States Code, is amended--
        (1) in paragraph (b), by striking ``of not more than $3,000'' 
    and inserting ``under this title'';
        (2) in paragraph (c), by striking ``of not more than $1,000'' 
    and inserting ``under this title'';
        (3) in paragraph (d), by striking ``of not more than $500'' and 
    inserting ``under this title'';
        (4) by modifying the left margin of each of paragraphs (a) 
    through (f) so that they are indented 2 ems;
        (5) by redesignating paragraphs (a) through (f) as paragraphs 
    (1) through (6); and
        (6) by inserting ``(a)'' before ``Whoever''.
    (d) Definitions.--Section 113 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(b) As used in this subsection--
        ``(1) the term `substantial bodily injury' means bodily injury 
    which involves--
            ``(A) a temporary but substantial disfigurement; or
            ``(B) a temporary but substantial loss or impairment of the 
        function of any bodily member, organ, or mental faculty; and
        ``(2) the term `serious bodily injury' has the meaning given 
    that term in section 1365 of this title.''.
    (e) Assaults in Indian Country.--Section 1153(a) of title 18, 
United States Code, is amended by inserting ``(as defined in section 
1365 of this title), an assault against an individual who has not 
attained the age of 16 years'' after ``serious bodily injury''.

               Subtitle C--Missing and Exploited Children

SEC. 170301. SHORT TITLE.

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

SEC. 170302. PURPOSE.

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

SEC. 170303. ESTABLISHMENT OF TASK FORCE.

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


                               ``task force

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

                        TITLE XVIII--RURAL CRIME
              Subtitle A--Drug Trafficking in Rural Areas

SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

    (a) Authorization of Appropriations.--Section 1001(a)(9) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to 
read as follows:
    ``(9) There are authorized to be appropriated to carry out part O--
        ``(A) $24,000,000 for fiscal year 1996;
        ``(B) $40,000,000 for fiscal year 1997;
        ``(C) $50,000,000 for fiscal year 1998;
        ``(D) $60,000,000 for fiscal year 1999; and
        ``(E) $66,000,000 for fiscal year 2000.''.
    (b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking ``$100,000'' and inserting ``$250,000''.
    (c) Clarification.--Section 1501(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3796bb(b)) is 
amended by inserting ``, based on the decennial census of 1990 through 
fiscal year 1997'' before the period.

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

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

SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.

    (a) Specialized Training for Rural Officers.--The Director of the 
Federal Law Enforcement Training Center shall develop a specialized 
course of instruction devoted to training law enforcement officers from 
rural agencies in the investigation of drug trafficking and related 
crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a)--
        (1) $1,000,000 for fiscal year 1996;
        (2) $1,000,000 for fiscal year 1997;
        (3) $1,000,000 for fiscal year 1998;
        (4) $1,000,000 for fiscal year 1999; and
        (5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
    There are authorized to be appropriated for the hiring of 
additional Drug Enforcement Administration agents--
        (1) $12,000,000 for fiscal year 1996;
        (2) $20,000,000 for fiscal year 1997;
        (3) $30,000,000 for fiscal year 1998;
        (4) $40,000,000 for fiscal year 1999; and
        (5) $48,000,000 for fiscal year 2000.

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

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

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

                    ``transportation safety offenses

    ``Sec. 409. (a) Definitions.--In this section--
        ```safety rest area' means a roadside facility with parking 
    facilities for the rest or other needs of motorists.
        ```truck stop' means a facility (including any parking lot 
    appurtenant thereto) that--
            ``(A) has the capacity to provide fuel or service, or both, 
        to any commercial motor vehicle (as defined in section 31301 of 
        title 49, United States Code), operating in commerce (as 
        defined in that section); and
            ``(B) is located within 2,500 feet of the National System 
        of Interstate and Defense Highways or the Federal-Aid Primary 
        System.
    ``(b) First Offense.--A person who violates section 401(a)(1) or 
section 416 by distributing or possessing with intent to distribute a 
controlled substance in or on, or within 1,000 feet of, a truck stop or 
safety rest area is (except as provided in subsection (b)) subject to--
        ``(1) twice the maximum punishment authorized by section 
    401(b); and
        ``(2) twice any term of supervised release authorized by 
    section 401(b) for a first offense.
    ``(c) Subsequent Offense.--A person who violates section 401(a)(1) 
or section 416 by distributing or possessing with intent to distribute 
a controlled substance in or on, or within 1,000 feet of, a truck stop 
or a safety rest area after a prior conviction or convictions under 
subsection (a) have become final is subject to--
        ``(1) 3 times the maximum punishment authorized by section 
    401(b); and
        ``(2) 3 times any term of supervised release authorized by 
    section 401(b) for a first offense.''.
        (2) Technical amendments.--
            (A) Cross reference.--Section 401(b) of the Controlled 
        Substances Act (21 U.S.C. 841(b)) is amended by inserting 
        ``409,'' before ``418,'' each place it appears.
            (B) Table of contents.--The table of contents of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 is 
        amended by striking the item relating to section 409 and 
        inserting the following new item:

    ``Sec. 409. Transportation safety offenses.''.

    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994 of title 28, United States Code, and section 21 of the Sentencing 
Act of 1987 (28 U.S.C. 994 note), the United States Sentencing 
Commission shall promulgate guidelines, or shall amend existing 
guidelines, to provide an appropriate enhancement of punishment for a 
defendant convicted of violating section 409 of the Controlled 
Substances Act, as added by subsection (b).

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

SEC. 180301. FUNDING FOR RURAL AREAS.

    It is the sense of Congress that--
        (1) the Attorney General should ensure that funding for 
    programs authorized by the provisions of this Act and amendments 
    made by this Act is distributed in such a manner that rural areas 
    continue to receive comparable support for their broad-based crime 
    fighting initiatives;
        (2) rural communities should not receive less funding than they 
    received in fiscal year 1994 for anti-crime initiatives as a result 
    of any legislative or administrative actions; and
        (3) to the maximum extent possible, funding for the Edward 
    Byrne Memorial State and Local Law Enforcement Assistance Program 
    should be maintained at its fiscal year 1994 level.

                   TITLE XIX--FEDERAL LAW ENFORCEMENT

SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

    (a) Authorization of Additional Appropriations for the Federal 
Judiciary.--
        Federal judiciary.--There are authorized to be appropriated for 
    the activities of the Federal Judiciary to help meet the increased 
    demands for judicial activities, including supervised release, pre-
    trial and probation services, that will result from enactment into 
    law of this Act--
            (A) $30,000,000 for fiscal year 1996;
            (B) $35,000,000 for fiscal year 1997;
            (C) $40,000,000 for fiscal year 1998;
            (D) $40,000,000 for fiscal year 1999; and
            (E) $55,000,000 for fiscal year 2000.
    (b) Authorization of Additional Appropriations for the Department 
of Justice.--There is authorized to be appropriated for the activities 
and agencies of the Department of Justice, in addition to sums 
authorized elsewhere in this section, to help meet the increased 
demands for Department of Justice activities that will result from 
enactment into law of this Act--
            (A) $40,000,000 for fiscal year 1996;
            (B) $40,000,000 for fiscal year 1997;
            (C) $40,000,000 for fiscal year 1998;
            (D) $40,000,000 for fiscal year 1999; and
            (E) $39,000,000 for fiscal year 2000.
    (c) Authorization of Additional Appropriations for the Federal 
Bureau of Investigation.--There is authorized to be appropriated for 
the activities of the Federal Bureau of Investigation, to help meet the 
increased demands for Federal Bureau of Investigation activities that 
will result from enactment into law of this Act--
            (A) $35,000,000 for fiscal year 1996;
            (B) $40,000,000 for fiscal year 1997;
            (C) $50,000,000 for fiscal year 1998;
            (D) $60,000,000 for fiscal year 1999; and
            (E) $60,000,000 for fiscal year 2000.
    (d) Authorization of Additional Appropriations for United States 
Attorneys.--There is authorized to be appropriated for the account 
Department of Justice, Legal Activities, ``Salaries and expenses, 
United States Attorneys'', to help meet the increased demands for 
litigation and related activities which will result from enactment into 
law of this Act--
            (A) $5,000,000 for fiscal year 1996;
            (B) $8,000,000 for fiscal year 1997;
            (C) $10,000,000 for fiscal year 1998;
            (D) $12,000,000 for fiscal year 1999; and
            (E) $15,000,000 for fiscal year 2000.
    (e) Authorization of Additional Appropriations for the Department 
of the Treasury.--There is authorized to be appropriated for the 
activities of the Bureau of Alcohol, Tobacco, and Firearms, the United 
States Customs Service, the Financial Crimes Enforcement Network, the 
Federal Law Enforcement Training Center, the Criminal Investigation 
Division of the Internal Revenue Service, and the United States Secret 
Service to help meet the increased demands for Department of the 
Treasury activities that will result from enactment into law of this 
Act--
            (A) $30,000,000 for fiscal year 1995;
            (B) $70,000,000 for fiscal year 1996;
            (C) $90,000,000 for fiscal year 1997;
            (D) $110,000,000 for fiscal year 1998;
            (E) $125,000,000 for fiscal year 1999; and
            (F) $125,000,000 for fiscal year 2000.

   TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND 
                               EDUCATION
                        Subtitle A--Police Corps

SEC. 200101. SHORT TITLE.

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

SEC. 200102. PURPOSES.

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

SEC. 200103. DEFINITIONS.

    In this subtitle--
        ``academic year'' means a traditional academic year beginning 
    in August or September and ending in the following May or June.
        ``dependent child'' means a natural or adopted child or 
    stepchild of a law enforcement officer who at the time of the 
    officer's death--
            (A) was no more than 21 years old; or
            (B) if older than 21 years, was in fact dependent on the 
        child's parents for at least one-half of the child's support 
        (excluding educational expenses), as determined by the 
        Director.
        ``Director'' means the Director of the Office of the Police 
    Corps and Law Enforcement Education appointed under section 200104.
        ``educational expenses'' means expenses that are directly 
    attributable to--
            (A) a course of education leading to the award of the 
        baccalaureate degree in legal- or criminal justice-related 
        studies; or
            (B) a course of graduate study legal or criminal justice 
        studies following award of a baccalaureate degree,
    including the cost of tuition, fees, books, supplies, 
    transportation, room and board and miscellaneous expenses.
        ``institution of higher education'' has the meaning stated in 
    the first sentence of section 1201(a) of the Higher Education Act 
    of 1965 (20 U.S.C. 1141(a)).
        ``participant'' means a participant in the Police Corps program 
    selected pursuant to section 200106.
        ``State'' means a State of the United States, the District of 
    Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
    American Samoa, Guam, and the Commonwealth of the Northern Mariana 
    Islands.
        ``State Police Corps program'' means a State police corps 
    program that meets the requirements of section 200110.
SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW 
ENFORCEMENT EDUCATION.
    There is established in the Department of Justice, under the 
general authority of the Attorney General, an Office of the Police 
Corps and Law Enforcement Education.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
    (a) Lead Agency.--A State that desires to participate in the Police 
Corps program under this subtitle shall designate a lead agency that 
will be responsible for--
        (1) submitting to the Director a State plan described in 
    subsection (b); and
        (2) administering the program in the State.
    (b) State Plans.--A State plan shall--
        (1) contain assurances that the lead agency shall work in 
    cooperation with the local law enforcement liaisons, 
    Prepresentatives of police labor organizations and police 
    management organizations, and other appropriate State and local 
    agencies to develop and implement interagency agreements designed 
    to carry out the program;
        (2) contain assurances that the State shall advertise the 
    assistance available under this subtitle;
        (3) contain assurances that the State shall screen and select 
    law enforcement personnel for participation in the program; and
        (4) meet the requirements of section 200110.

SEC. 200106. SCHOLARSHIP ASSISTANCE.

    (a) Scholarships Authorized.--(1) The Director may award 
scholarships to participants who agree to work in a State or local 
police force in accordance with agreements entered into pursuant to 
subsection (d).
    (2)(A) Except as provided in subparagraph (B), each scholarship 
payment made under this section for each academic year shall not 
exceed--
        (i) $7,500; or
        (ii) the cost of the educational expenses related to attending 
    an institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$10,000.
    (C) The total amount of scholarship assistance received by any one 
student under this section shall not exceed $30,000.
    (3) Recipients of scholarship assistance under this section shall 
continue to receive such scholarship payments only during such periods 
as the Director finds that the recipient is maintaining satisfactory 
progress as determined by the institution of higher education the 
recipient is attending.
    (4)(A) The Director shall make scholarship payments under this 
section directly to the institution of higher education that the 
student is attending.
    (B) Each institution of higher education receiving a payment on 
behalf of a participant pursuant to subparagraph (A) shall remit to 
such student any funds in excess of the costs of tuition, fees, and 
room and board payable to the institution.
    (b) Reimbursement Authorized.--(1) The Director may make payments 
to a participant to reimburse such participant for the costs of 
educational expenses if the student agrees to work in a State or local 
police force in accordance with the agreement entered into pursuant to 
subsection (d).
    (2)(A) Each payment made pursuant to paragraph (1) for each 
academic year of study shall not exceed--
        (i) $7,500; or
        (ii) the cost of educational expenses related to attending an 
    institution of higher education.
    (B) In the case of a participant who is pursuing a course of 
educational study during substantially an entire calendar year, the 
amount of scholarship payments made during such year shall not exceed 
$10,000.
    (C) The total amount of payments made pursuant to subparagraph (A) 
to any 1 student shall not exceed $30,000.
    (c) Use of Scholarship.--Scholarships awarded under this subsection 
shall only be used to attend a 4-year institution of higher education, 
except that--
        (1) scholarships may be used for graduate and professional 
    study; and
        (2) if a participant has enrolled in the program upon or after 
    transfer to a 4-year institution of higher education, the Director 
    may reimburse the participant for the participant's prior 
    educational expenses.
    (d) Agreement.--(1)(A) Each participant receiving a scholarship or 
a payment under this section shall enter into an agreement with the 
Director.
    (B) An agreement under subparagraph (A) shall contain assurances 
that the participant shall--
        (i) after successful completion of a baccalaureate program and 
    training as prescribed in section 200108, work for 4 years in a 
    State or local police force without there having arisen sufficient 
    cause for the participant's dismissal under the rules applicable to 
    members of the police force of which the participant is a member;
        (ii) complete satisfactorily--
            (I) an educational course of study and receipt of a 
        baccalaureate degree (in the case of undergraduate study) or 
        the reward of credit to the participant for having completed 
        one or more graduate courses (in the case of graduate study); 
        and
            (II) Police Corps training and certification by the 
        Director that the participant has met such performance 
        standards as may be established pursuant to section 200108; and
        (iii) repay all of the scholarship or payment received plus 
    interest at the rate of 10 percent if the conditions of clauses (i) 
    and (ii) are not complied with.
    (2)(A) A recipient of a scholarship or payment under this section 
shall not be considered to be in violation of the agreement entered 
into pursuant to paragraph (1) if the recipient--
        (i) dies; or
        (ii) becomes permanently and totally disabled as established by 
    the sworn affidavit of a qualified physician.
    (B) If a scholarship recipient is unable to comply with the 
repayment provision set forth in paragraph (1)(B)(ii) because of a 
physical or emotional disability or for good cause as determined by the 
Director, the Director may substitute community service in a form 
prescribed by the Director for the required repayment.
    (C) The Director shall expeditiously seek repayment from a 
participant who violates an agreement described in paragraph (1).
    (e) Dependent Child.--A dependent child of a law enforcement 
officer--
        (1) who is a member of a State or local police force or is a 
    Federal criminal investigator or uniformed police officer,
        (2) who is not a participant in the Police Corps program, but
        (3) who serves in a State for which the Director has approved a 
    Police Corps plan, and
        (4) who is killed in the course of performing police duties,
shall be entitled to the scholarship assistance authorized in this 
section for any course of study in any accredited institution of higher 
education. Such dependent child shall not incur any repayment 
obligation in exchange for the scholarship assistance provided in this 
section.
    (f) Application.--Each participant desiring a scholarship or 
payment under this section shall submit an application as prescribed by 
the Director in such manner and accompanied by such information as the 
Director may reasonably require.

SEC. 200107. SELECTION OF PARTICIPANTS.

    (a) In General.--Participants in State Police Corps programs shall 
be selected on a competitive basis by each State under regulations 
prescribed by the Director.
    (b) Selection Criteria and Qualifications.--(1) In order to 
participate in a State Police Corps program, a participant shall--
        (A) be a citizen of the United States or an alien lawfully 
    admitted for permanent residence in the United States;
        (B) meet the requirements for admission as a trainee of the 
    State or local police force to which the participant will be 
    assigned pursuant to section 200110(5), including achievement of 
    satisfactory scores on any applicable examination, except that 
    failure to meet the age requirement for a trainee of the State or 
    local police shall not disqualify the applicant if the applicant 
    will be of sufficient age upon completing an undergraduate course 
    of study;
        (C) possess the necessary mental and physical capabilities and 
    emotional characteristics to discharge effectively the duties of a 
    law enforcement officer;
        (D) be of good character and demonstrate sincere motivation and 
    dedication to law enforcement and public service;
        (E) in the case of an undergraduate, agree in writing that the 
    participant will complete an educational course of study leading to 
    the award of a baccalaureate degree and will then accept an 
    appointment and complete 4 years of service as an officer in the 
    State police or in a local police department within the State;
        (F) in the case of a participant desiring to undertake or 
    continue graduate study, agree in writing that the participant will 
    accept an appointment and complete 4 years of service as an officer 
    in the State police or in a local police department within the 
    State before undertaking or continuing graduate study;
        (G) contract, with the consent of the participant's parent or 
    guardian if the participant is a minor, to serve for 4 years as an 
    officer in the State police or in a local police department, if an 
    appointment is offered; and
        (H) except as provided in paragraph (2), be without previous 
    law enforcement experience.
    (2)(A) Until the date that is 5 years after the date of enactment 
of this Act, up to 10 percent of the applicants accepted into the 
Police Corps program may be persons who--
        (i) have had some law enforcement experience; and
        (ii) have demonstrated special leadership potential and 
    dedication to law enforcement.
    (B)(i) The prior period of law enforcement of a participant 
selected pursuant to subparagraph (A) shall not be counted toward 
satisfaction of the participant's 4-year service obligation under 
section 200109, and such a participant shall be subject to the same 
benefits and obligations under this subtitle as other participants, 
including those stated in section (b)(1) (E) and (F).
    (ii) Clause (i) shall not be construed to preclude counting a 
participant's previous period of law enforcement experience for 
purposes other than satisfaction of the requirements of section 200109, 
such as for purposes of determining such a participant's pay and other 
benefits, rank, and tenure.
    (3) It is the intent of this subtitle that there shall be no more 
than 20,000 participants in each graduating class. The Director shall 
approve State plans providing in the aggregate for such enrollment of 
applicants as shall assure, as nearly as possible, annual graduating 
classes of 20,000. In a year in which applications are received in a 
number greater than that which will produce, in the judgment of the 
Director, a graduating class of more than 20,000, the Director shall, 
in deciding which applications to grant, give preference to those who 
will be participating in State plans that provide law enforcement 
personnel to areas of greatest need.
    (c) Recruitment of Minorities.--Each State participating in the 
Police Corps program shall make special efforts to seek and recruit 
applicants from among members of all racial, ethnic or gender groups. 
This subsection does not authorize an exception from the competitive 
standards for admission established pursuant to subsections (a) and 
(b).
    (d) Enrollment of Applicant.--(1) An applicant shall be accepted 
into a State Police Corps program on the condition that the applicant 
will be matriculated in, or accepted for admission at, a 4-year 
institution of higher education--
        (A) as a full-time student in an undergraduate program; or
        (B) for purposes of taking a graduate course.
    (2) If the applicant is not matriculated or accepted as set forth 
in paragraph (1), the applicant's acceptance in the program shall be 
revoked.
    (e) Leave of Absence.--(1) A participant in a State Police Corps 
program who requests a leave of absence from educational study, 
training or service for a period not to exceed 1 year (or 18 months in 
the aggregate in the event of multiple requests) due to temporary 
physical or emotional disability shall be granted such leave of absence 
by the State.
    (2) A participant who requests a leave of absence from educational 
study, training or service for a period not to exceed 1 year (or 18 
months in the aggregate in the event of multiple requests) for any 
reason other than those listed in paragraph (1) may be granted such 
leave of absence by the State.
    (3) A participant who requests a leave of absence from educational 
study or training for a period not to exceed 30 months to serve on an 
official church mission may be granted such leave of absence.
    (f) Admission of Applicants.--An applicant may be admitted into a 
State Police Corps program either before commencement of or during the 
applicant's course of educational study.

SEC. 200108. POLICE CORPS TRAINING.

    (a) In General.--(1) The Director shall establish programs of 
training for Police Corps participants. Such programs may be carried 
out at up to 3 training centers established for this purpose and 
administered by the Director, or by contracting with existing State 
training facilities. The Director shall contract with a State training 
facility upon request of such facility if the Director determines that 
such facility offers a course of training substantially equivalent to 
the Police Corps training program described in this subtitle.
    (2) The Director may enter into contracts with individuals, 
institutions of learning, and government agencies (including State and 
local police forces) to obtain the services of persons qualified to 
participate in and contribute to the training process.
    (3) The Director may enter into agreements with agencies of the 
Federal Government to utilize on a reimbursable basis space in Federal 
buildings and other resources.
    (4) The Director may authorize such expenditures as are necessary 
for the effective maintenance of the training centers, including 
purchases of supplies, uniforms, and educational materials, and the 
provision of subsistence, quarters, and medical care to participants.
    (b) Training Sessions.--A participant in a State Police Corps 
program shall attend two 8-week training sessions at a training center, 
one during the summer following completion of sophomore year and one 
during the summer following completion of junior year. If a participant 
enters the program after sophomore year, the participant shall complete 
16 weeks of training at times determined by the Director.
    (c) Further Training.--The 16 weeks of Police Corps training 
authorized in this section is intended to serve as basic law 
enforcement training but not to exclude further training of 
participants by the State and local authorities to which they will be 
assigned. Each State plan approved by the Director under section 10 
shall include assurances that following completion of a participant's 
course of education each participant shall receive appropriate 
additional training by the State or local authority to which the 
participant is assigned. The time spent by a participant in such 
additional training, but not the time spent in Police Corps training, 
shall be counted toward fulfillment of the participant's 4-year service 
obligation.
    (d) Course of Training.--The training sessions at training centers 
established under this section shall be designed to provide basic law 
enforcement training, including vigorous physical and mental training 
to teach participants self-discipline and organizational loyalty and to 
impart knowledge and understanding of legal processes and law 
enforcement.
    (e) Evaluation of Participants.--A participant shall be evaluated 
during training for mental, physical, and emotional fitness, and shall 
be required to meet performance standards prescribed by the Director at 
the conclusion of each training session in order to remain in the 
Police Corps program.
    (f) Stipend.--The Director shall pay participants in training 
sessions a stipend of $250 a week during training.

SEC. 200109. SERVICE OBLIGATION.

    (a) Swearing In.--Upon satisfactory completion of the participant's 
course of education and training program established in section 200108 
and meeting the requirements of the police force to which the 
participant is assigned, a participant shall be sworn in as a member of 
the police force to which the participant is assigned pursuant to the 
State Police Corps plan, and shall serve for 4 years as a member of 
that police force.
    (b) Rights and Responsibilities.--A participant shall have all of 
the rights and responsibilities of and shall be subject to all rules 
and regulations applicable to other members of the police force of 
which the participant is a member, including those contained in 
applicable agreements with labor organizations and those provided by 
State and local law.
    (c) Discipline.--If the police force of which the participant is a 
member subjects the participant to discipline such as would preclude 
the participant's completing 4 years of service, and result in denial 
of educational assistance under section 200106, the Director may, upon 
a showing of good cause, permit the participant to complete the service 
obligation in an equivalent alternative law enforcement service and, if 
such service is satisfactorily completed, section 200106(d)(1)(B)(iii) 
shall not apply.
    (d) Layoffs.--If the police force of which the participant is a 
member lays off the participant such as would preclude the 
participant's completing 4 years of service, and result in denial of 
educational assistance under section 200106, the Director may permit 
the participant to complete the service obligation in an equivalent 
alternative law enforcement service and, if such service is 
satisfactorily completed, section 200106(d)(1)(B)(iii) shall not apply.

SEC. 200110. STATE PLAN REQUIREMENTS.

    A State Police Corps plan shall--
        (1) provide for the screening and selection of participants in 
    accordance with the criteria set out in section 200107;
        (2) state procedures governing the assignment of participants 
    in the Police Corps program to State and local police forces (no 
    more than 10 percent of all the participants assigned in each year 
    by each State to be assigned to a statewide police force or 
    forces);
        (3) provide that participants shall be assigned to those 
    geographic areas in which--
            (A) there is the greatest need for additional law 
        enforcement personnel; and
            (B) the participants will be used most effectively;
        (4) provide that to the extent consistent with paragraph (3), a 
    participant shall be assigned to an area near the participant's 
    home or such other place as the participant may request;
        (5) provide that to the extent feasible, a participant's 
    assignment shall be made at the time the participant is accepted 
    into the program, subject to change--
            (A) prior to commencement of a participant's fourth year of 
        undergraduate study, under such circumstances as the plan may 
        specify; and
            (B) from commencement of a participant's fourth year of 
        undergraduate study until completion of 4 years of police 
        service by participant, only for compelling reasons or to meet 
        the needs of the State Police Corps program and only with the 
        consent of the participant;
        (6) provide that no participant shall be assigned to serve with 
    a local police force--
            (A) whose size has declined by more than 5 percent since 
        June 21, 1989; or
            (B) which has members who have been laid off but not 
        retired;
        (7) provide that participants shall be placed and to the extent 
    feasible kept on community and preventive patrol;
        (8) ensure that participants will receive effective training 
    and leadership;
        (9) provide that the State may decline to offer a participant 
    an appointment following completion of Federal training, or may 
    remove a participant from the Police Corps program at any time, 
    only for good cause (including failure to make satisfactory 
    progress in a course of educational study) and after following 
    reasonable review procedures stated in the plan; and
        (10) provide that a participant shall, while serving as a 
    member of a police force, be compensated at the same rate of pay 
    and benefits and enjoy the same rights under applicable agreements 
    with labor organizations and under State and local law as other 
    police officers of the same rank and tenure in the police force of 
    which the participant is a member.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS 
OFFICERS.
    Each jurisdiction directly employing Police Corps participants 
during the 4-year term of service prescribed by section 200109 shall 
receive $10,000 on account of each such participant at the completion 
of each such year of service, but--
        (1) no such payment shall be made on account of service in any 
    State or local police force--
            (A) whose average size, in the year for which payment is to 
        be made, not counting Police Corps participants assigned under 
        section 106, has declined more than 2 percent since January 1, 
        1993; or
            (B) which has members who have been laid off but not 
        retired; and
        (2) no such payment shall be made on account of any Police 
    Corps participant for years of service after the completion of the 
    term of service prescribed in section 200109.

SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 200113. REPORTS TO CONGRESS.

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

            Subtitle B--Law Enforcement Scholarship Program

SEC. 200201. SHORT TITLE.

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

SEC. 200202. DEFINITIONS.

    In this subtitle--
        ``Director'' means the Director of the Office of the Police 
    Corps and Law Enforcement Education appointed under section 200104.
        ``educational expenses'' means expenses that are directly 
    attributable to--
            (A) a course of education leading to the award of an 
        associate degree;
            (B) a course of education leading to the award of a 
        baccalaureate degree; or
            (C) a course of graduate study following award of a 
        baccalaureate degree,
    including the cost of tuition, fees, books, supplies, and related 
    expenses.
        ``institution of higher education'' has the meaning stated in 
    the first sentence of section 1201(a) of the Higher Education Act 
    of 1965 (20 U.S.C. 1141(a)).
        ``law enforcement position'' means employment as an officer in 
    a State or local police force, or correctional institution.
        ``State'' means a State of the United States, the District of 
    Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of 
    the United States, American Samoa, Guam, and the Commonwealth of 
    the Northern Mariana Islands.

SEC. 200203. ALLOTMENT.

    From amounts appropriated under section 200210, the Director shall 
allot--
        (1) 80 percent of such amounts to States on the basis of the 
    number of law enforcement officers in each State compared to the 
    number of law enforcement officers in all States; and
        (2) 20 percent of such amounts to States on the basis of the 
    shortage of law enforcement personnel and the need for assistance 
    under this subtitle in the State compared to the shortage of law 
    enforcement personnel and the need for assistance under this 
    subtitle in all States.

SEC. 200204. ESTABLISHMENT OF PROGRAM.

    (a) Use of Allotment.--
        (1) In general.--A State that receives an allotment pursuant to 
    section 200203 shall use the allotment to pay the Federal share of 
    the costs of--
            (A) awarding scholarships to in-service law enforcement 
        personnel to enable such personnel to seek further education; 
        and
            (B) providing--
                (i) full-time employment in summer; or
                (ii) part-time (not to exceed 20 hours per week) 
            employment for a period not to exceed 1 year.
        (2) Employment.--The employment described in paragraph (1)(B)--
            (A) shall be provided by State and local law enforcement 
        agencies for students who are juniors or seniors in high school 
        or are enrolled in an institution of higher education and who 
        demonstrate an interest in undertaking a career in law 
        enforcement;
            (B) shall not be in a law enforcement position; and
            (C) shall consist of performing meaningful tasks that 
        inform students of the nature of the tasks performed by law 
        enforcement agencies.
    (b) Payments; Federal Share; Non-Federal Share.--
        (1) Payments.--Subject to the availability of appropriations, 
    the Director shall pay to each State that receives an allotment 
    under section 200203 the Federal share of the cost of the 
    activities described in the application submitted pursuant to 
    section 200203.
        (2) Federal share.--The Federal share shall not exceed 60 
    percent.
        (3) Non-federal share.--The non-Federal share of the cost of 
    scholarships and student employment provided under this subtitle 
    shall be supplied from sources other than the Federal Government.
    (c) Responsibilities of Director.--The Director shall be 
responsible for the administration of the programs conducted pursuant 
to this subtitle and shall, in consultation with the Assistant 
Secretary for Postsecondary Education, issue rules to implement this 
subtitle.
    (d) Administrative Expenses.--A State that receives an allotment 
under section 200203 may reserve not more than 8 percent of the 
allotment for administrative expenses.
    (e) Special Rule.--A State that receives an allotment under section 
200203 shall ensure that each scholarship recipient under this subtitle 
be compensated at the same rate of pay and benefits and enjoy the same 
rights under applicable agreements with labor organizations and under 
State and local law as other law enforcement personnel of the same rank 
and tenure in the office of which the scholarship recipient is a 
member.
    (f) Supplementation of Funding.--Funds received under this subtitle 
shall only be used to supplement, and not to supplant, Federal, State, 
or local efforts for recruitment and education of law enforcement 
personnel.

SEC. 200205. SCHOLARSHIPS.

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

SEC. 200206. ELIGIBILITY.

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

SEC. 200207. STATE APPLICATION.

    (a) In General.--Each State desiring an allotment under section 
200203 shall submit an application to the Director at such time, in 
such manner, and accompanied by such information as the Director may 
reasonably require.
    (b) Contents.--An application under subsection (a) shall--
        (1) describe the scholarship program and the student employment 
    program for which assistance under this subtitle is sought;
        (2) contain assurances that the lead agency will work in 
    cooperation with the local law enforcement liaisons, 
    representatives of police labor organizations and police management 
    organizations, and other appropriate State and local agencies to 
    develop and implement interagency agreements designed to carry out 
    this subtitle;
        (3) contain assurances that the State will advertise the 
    scholarship assistance and student employment it will provide under 
    this subtitle and that the State will use such programs to enhance 
    recruitment efforts;
        (4) contain assurances that the State will screen and select 
    law enforcement personnel for participation in the scholarship 
    program under this subtitle;
        (5) contain assurances that under such student employment 
    program the State will screen and select, for participation in such 
    program, students who have an interest in undertaking a career in 
    law enforcement;
        (6) contain assurances that under such scholarship program the 
    State will make scholarship payments to institutions of higher 
    education on behalf of persons who receive scholarships under this 
    subtitle;
        (7) with respect to such student employment program, identify--
            (A) the employment tasks that students will be assigned to 
        perform;
            (B) the compensation that students will be paid to perform 
        such tasks; and
            (C) the training that students will receive as part of 
        their participation in the program;
        (8) identify model curriculum and existing programs designed to 
    meet the educational and professional needs of law enforcement 
    personnel; and
        (9) contain assurances that the State will promote cooperative 
    agreements with educational and law enforcement agencies to enhance 
    law enforcement personnel recruitment efforts in institutions of 
    higher education.

SEC. 200208. LOCAL APPLICATION.

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

SEC. 200209. SCHOLARSHIP AGREEMENT.

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

SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subtitle--
        (1) $20,000,000 for fiscal year 1996;
        (2) $20,000,000 for fiscal year 1997;
        (3) $20,000,000 for fiscal year 1998;
        (4) $20,000,000 for fiscal year 1999; and
        (5) $20,000,000 for fiscal year 2000.
    (b) Uses of Funds.--Of the funds appropriated under subsection (a) 
for a fiscal year--
        (1) 80 percent shall be available to provide scholarships 
    described in section 200204(a)(1)(A); and
        (2) 20 percent shall be available to provide employment 
    described in sections 200204(a)(1)(B) and 200204(a)(2).

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
                       Subtitle A--Byrne Program

SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.

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

               Subtitle B--Law Enforcement Family Support

SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
50001(a), is amended--
        (1) by redesignating part W as part X;
        (2) by redesignating section 2301 as 2401; and
        (3) by inserting after part V the following new part:

                        ``PART W--FAMILY SUPPORT

``SEC. 2301. DUTIES.

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

``SEC. 2302. GENERAL AUTHORIZATION.

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

``SEC. 2303. USES OF FUNDS.

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

``SEC. 2304. APPLICATIONS.

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

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

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

``SEC. 2306. DISCRETIONARY RESEARCH GRANTS.

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

``SEC. 2307. REPORTS.

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

``SEC. 2308. DEFINITIONS.

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

                        ``Part W--Family Support

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

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

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

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

                     Subtitle C--DNA Identification

SEC. 210301. SHORT TITLE.

    This subtitle may be cited as the ``DNA Identification Act of 
1994''.
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA 
ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
    (a) Drug Control and System Improvement Grant Program.--Section 
501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) as amended by section 150003, is amended--
        (1) by striking ``and'' at the end of paragraph (23);
        (2) by striking the period at the end of paragraph (24) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(25) developing or improving in a forensic laboratory a 
    capability to analyze deoxyribonucleic acid (hereinafter in this 
    title referred to as `DNA') for identification purposes.''.
    (b) State Applications.--Section 503(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is 
amended by adding at the end the following new paragraph:
        ``(12) If any part of funds received from a grant made under 
    this part is to be used to develop or improve a DNA analysis 
    capability in a forensic laboratory, a certification that--
            ``(A) DNA analyses performed at such laboratory will 
        satisfy or exceed then current standards for a quality 
        assurance program for DNA analysis, issued by the Director of 
        the Federal Bureau of Investigation under section 210303 of the 
        DNA Identification Act of 1994;
            ``(B) DNA samples obtained by, and DNA analyses performed 
        at, such laboratory will be accessible only--
                ``(i) to criminal justice agencies for law enforcement 
            identification purposes;
                ``(ii) in judicial proceedings, if otherwise admissible 
            pursuant to applicable statutes or rules;
                ``(iii) for criminal defense purposes, to a defendant, 
            who shall have access to samples and analyses performed in 
            connection with the case in which such defendant is 
            charged; or
                ``(iv) if personally identifiable information is 
            removed, for a population statistics database, for 
            identification research and protocol development purposes, 
            or for quality control purposes; and
            ``(C) such laboratory, and each analyst performing DNA 
        analyses at such laboratory, will undergo, at regular intervals 
        of not to exceed 180 days, external proficiency testing by a 
        DNA proficiency testing program meeting the standards issued 
        under section 210303 of the DNA Identification Act of 1994.''.
    (c) DNA Identification Grants.--
        (1) In general.--Title I of the Omnibus Crime Control and Safe 
    Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
    210201(a), is amended--
            (A) by redesignating part X as part Y;
            (B) by redesignating section 2401 as section 2501; and
            (C) by inserting after part W the following new part:

                  ``PART X--DNA IDENTIFICATION GRANTS

``SEC. 2401. GRANT AUTHORIZATION.

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

``SEC. 2402. APPLICATIONS.

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

``SEC. 2403. APPLICATION REQUIREMENTS.

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

``SEC. 2404. ADMINISTRATIVE PROVISIONS.

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

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

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

``SEC. 2406. REPORTS.

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

``SEC. 2407. EXPENDITURE RECORDS.

    ``(a) Records.--Each State or unit of local government which 
receives a grant under this part shall keep records as the Attorney 
General may require to facilitate an effective audit.
    ``(b) Access.--The Attorney General, the Comptroller General, or 
their designated agents shall have access, for the purpose of audit and 
examination, to any books, documents, and records of States and units 
of local government which receive grants made under this part if, in 
the opinion of the Attorney General, the Comptroller General, or their 
designated agents, such books, documents, and records are related to 
the receipt or use of any such grant.''.
        (2) Table of contents.--The table of contents of title I of the 
    Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 
    et seq.), as amended by section 210201(b), is amended by striking 
    the matter relating to part X and inserting the following:

                   ``Part X--DNA Identification Grants

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

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

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

        (3) Authorization of appropriations.--Section 1001 of the 
    Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
    3793), as amended by section 210201(c), is amended--
            (A) in paragraph (3) by striking ``and W'' and inserting 
        ``W, and X''; and
            (B) adding at the end the following new paragraph:
    ``(22) There are authorized to be appropriated to carry out part 
X--
        ``(1) $1,000,000 for fiscal year 1996;
        ``(2) $3,000,000 for fiscal year 1997;
        ``(3) $5,000,000 for fiscal year 1998;
        ``(4) $13,500,000 for fiscal year 1999; and
        ``(5) $17,500,000 for fiscal year 2000.''.
        (4) Effective date.--The amendments made by this section shall 
    take effect on the date that is 60 days after the date of enactment 
    of this Act.
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.
    (a) Publication of Quality Assurance and Proficiency Testing 
Standards.--(1)(A) Not later than 180 days after the date of enactment 
of this Act, the Director of the Federal Bureau of Investigation shall 
appoint an advisory board on DNA quality assurance methods from among 
nominations proposed by the head of the National Academy of Sciences 
and professional societies of crime laboratory officials.
    (B) The advisory board shall include as members scientists from 
State, local, and private forensic laboratories, molecular geneticists 
and population geneticists not affiliated with a forensic laboratory, 
and a representative from the National Institute of Standards and 
Technology.
    (C) The advisory board shall develop, and if appropriate, 
periodically revise, recommended standards for quality assurance, 
including standards for testing the proficiency of forensic 
laboratories, and forensic analysts, in conducting analyses of DNA.
    (2) The Director of the Federal Bureau of Investigation, after 
taking into consideration such recommended standards, shall issue (and 
revise from time to time) standards for quality assurance, including 
standards for testing the proficiency of forensic laboratories, and 
forensic analysts, in conducting analyses of DNA.
    (3) The standards described in paragraphs (1) and (2) shall specify 
criteria for quality assurance and proficiency tests to be applied to 
the various types of DNA analyses used by forensic laboratories. The 
standards shall also include a system for grading proficiency testing 
performance to determine whether a laboratory is performing acceptably.
    (4) Until such time as the advisory board has made recommendations 
to the Director of the Federal Bureau of Investigation and the Director 
has acted upon those recommendations, the quality assurance guidelines 
adopted by the technical working group on DNA analysis methods shall be 
deemed the Director's standards for purposes of this section.
    (b) Administration of the Advisory Board.--(1) For administrative 
purposes, the advisory board appointed under subsection (a) shall be 
considered an advisory board to the Director of the Federal Bureau of 
Investigation.
    (2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply with respect to the advisory board appointed 
under subsection (a).
    (3) The DNA advisory board established under this section shall be 
separate and distinct from any other advisory board administered by the 
FBI, and is to be administered separately.
    (4) The board shall cease to exist on the date 5 years after the 
initial appointments are made to the board, unless the existence of the 
board is extended by the Director of the Federal Bureau of 
Investigation.
    (c) Proficiency Testing Program.--(1) Not later than 1 year after 
the effective date of this Act, the Director of the National Institute 
of Justice shall certify to the Committees on the Judiciary of the 
House and Senate that--
        (A) the Institute has entered into a contract with, or made a 
    grant to, an appropriate entity for establishing, or has taken 
    other appropriate action to ensure that there is established, not 
    later than 2 years after the date of enactment of this Act, a blind 
    external proficiency testing program for DNA analyses, which shall 
    be available to public and private laboratories performing forensic 
    DNA analyses;
        (B) a blind external proficiency testing program for DNA 
    analyses is already readily available to public and private 
    laboratories performing forensic DNA analyses; or
        (C) it is not feasible to have blind external testing for DNA 
    forensic analyses.
    (2) As used in this subsection, the term ``blind external 
proficiency test'' means a test that is presented to a forensic 
laboratory through a second agency and appears to the analysts to 
involve routine evidence.
    (3) Notwithstanding any other provision of law, the Attorney 
General shall make available to the Director of the National Institute 
of Justice during the first fiscal year in which funds are distributed 
under this subtitle up to $250,000 from the funds available under part 
X of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
to carry out this subsection.
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA 
IDENTIFICATION INFORMATION.
    (a) Establishment of Index.--The Director of the Federal Bureau of 
Investigation may establish an index of--
        (1) DNA identification records of persons convicted of crimes;
        (2) analyses of DNA samples recovered from crime scenes; and
        (3) analyses of DNA samples recovered from unidentified human 
    remains.
    (b) Information.--The index described in subsection (a) shall 
include only information on DNA identification records and DNA analyses 
that are--
        (1) based on analyses performed by or on behalf of a criminal 
    justice agency in accordance with publicly available standards that 
    satisfy or exceed the guidelines for a quality assurance program 
    for DNA analysis, issued by the Director of the Federal Bureau of 
    Investigation under section 210303;
        (2) prepared by laboratories, and DNA analysts, that undergo, 
    at regular intervals of not to exceed 180 days, external 
    proficiency testing by a DNA proficiency testing program meeting 
    the standards issued under section 210303; and
        (3) maintained by Federal, State, and local criminal justice 
    agencies pursuant to rules that allow disclosure of stored DNA 
    samples and DNA analyses only--
            (A) to criminal justice agencies for law enforcement 
        identification purposes;
            (B) in judicial proceedings, if otherwise admissible 
        pursuant to applicable statutes or rules;
            (C) for criminal defense purposes, to a defendant, who 
        shall have access to samples and analyses performed in 
        connection with the case in which such defendant is charged; or
            (D) if personally identifiable information is removed, for 
        a population statistics database, for identification research 
        and protocol development purposes, or for quality control 
        purposes.
    (c) Failure To Comply.--Access to the index established by this 
section is subject to cancellation if the quality control and privacy 
requirements described in subsection (b) are not met.

SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.

    (a) Proficiency Testing Requirements.--
        (1) Generally.--(A) Personnel at the Federal Bureau of 
    Investigation who perform DNA analyses shall undergo, at regular 
    intervals of not to exceed 180 days, external proficiency testing 
    by a DNA proficiency testing program meeting the standards issued 
    under section 210303.
        (B) Within 1 year after the date of enactment of this Act, the 
    Director of the Federal Bureau of Investigation shall arrange for 
    periodic blind external tests to determine the proficiency of DNA 
    analysis performed at the Federal Bureau of Investigation 
    laboratory.
        (C) In this paragraph, ``blind external test'' means a test 
    that is presented to the laboratory through a second agency and 
    appears to the analysts to involve routine evidence.
        (2) Report.--For 5 years after the date of enactment of this 
    Act, the Director of the Federal Bureau of Investigation shall 
    submit to the Committees on the Judiciary of the House and Senate 
    an annual report on the results of each of the tests described in 
    paragraph (1).
    (b) Privacy Protection Standards.--
        (1) Generally.--Except as provided in paragraph (2), the 
    results of DNA tests performed for a Federal law enforcement agency 
    for law enforcement purposes may be disclosed only--
            (A) to criminal justice agencies for law enforcement 
        identification purposes;
            (B) in judicial proceedings, if otherwise admissible 
        pursuant to applicable statues or rules; and
            (C) for criminal defense purposes, to a defendant, who 
        shall have access to samples and analyses performed in 
        connection with the case in which such defendant is charged.
        (2) Exception.--If personally identifiable information is 
    removed, test results may be disclosed for a population statistics 
    database, for identification research and protocol development 
    purposes, or for quality control purposes.
    (c) Criminal Penalty.--(1) A person who--
        (A) by virtue of employment or official position, has 
    possession of, or access to, individually identifiable DNA 
    information indexed in a database created or maintained by any 
    Federal law enforcement agency; and
        (B) knowingly discloses such information in any manner to any 
    person or agency not authorized to receive it,
shall be fined not more than $100,000.
    (2) A person who, without authorization, knowingly obtains DNA 
samples or individually identifiable DNA information indexed in a 
database created or maintained by any Federal law enforcement agency 
shall be fined not more than $100,000.

SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.

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

                 Subtitle D--Police Pattern or Practice

SEC. 210401. CAUSE OF ACTION.

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

SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.

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

         Subtitle E--Improved Training and Technical Automation

SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.

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

                 Subtitle F--Other State and Local Aid

SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.

    Section 1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended--
        (1) in paragraph (1) by striking ``1993 and 1994'' and 
    inserting ``1994 and 1995'';
        (2) in paragraph (2) by striking ``1993 and 1994'' and 
    inserting ``1994 and 1995'';
        (3) in paragraph (3) by striking ``1993 and 1994'' and 
    inserting ``1994 and 1995'';
        (4) in paragraph (5) by striking ``1993 and 1994'' and 
    inserting ``1994 and 1995'';
        (5) in paragraph (6) by inserting ``and 1995'' after ``1994'';
        (6) in paragraph (7) by striking ``1991, 1992, 1993, and 
    1994,'' and inserting ``1994 and 1995'';
        (7) in paragraph (8) by inserting ``and 1995'' after ``1994''; 
    and
        (8) in paragraph (9) by inserting ``and 1995'' after ``1994''.
SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE 
COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
    (a) In General.--The Attorney General shall, subject to the 
availability of appropriation, make grants for States and units of 
local government to pay the costs of providing increased resources for 
courts, prosecutors, public defenders, and other criminal justice 
participants as necessary to meet the increased demands for judicial 
activities resulting from the provisions of this Act and amendments 
made by this Act.
    (b) Applications.--In carrying out this section, the Attorney 
General may make grants to, or enter into contracts with public or 
private agencies, institutions, or organizations or individuals to 
carry out any purpose specified in this section. The Attorney General 
shall have final authority over all funds awarded under this section.
    (c) Records.--Each recipient that receives a grant under this 
section shall keep such records as the Attorney General may require to 
facilitate an effective audit.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $23,000,000 for fiscal year 1996;
        (2) $30,000,000 for fiscal year 1997;
        (3) $30,000,000 for fiscal year 1998;
        (4) $32,000,000 for fiscal year 1999; and
        (5) $35,000,000 for fiscal year 2000,
to remain available for obligation until expended.
SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND 
ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND 
THE NATIONAL CHILD PROTECTION ACT OF 1993.
    (a) Appropriations.--Of the amounts authorized in Sections 103(k) 
and 106(b)(2) of the Brady Handgun Violence Prevention Act (18 U.S.C. 
922 note) and in section 4(b) of the National Child Protection Act of 
1993 (42 U.S.C. 5119b(b)), a total of $100,000,000 for fiscal year 
1995, $25,000,000 for fiscal year 1996, and $25,000,000 for fiscal year 
1997 may be appropriated from the Violent Crime Reduction Trust Fund 
established by this Act.
    (b) Technical Amendment.--Sections 103(k) and 106(b) of the Brady 
Handgun Violence Prevention Act (18 U.S.C. 922 note) are each amended 
by striking ``, which may be appropriated from the Violent Crime 
Reduction Trust Fund,''.

               TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

SEC. 220001. SHORT TITLE.

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

SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Attorney General shall develop, in 
cooperation with the States, a national voluntary motor vehicle theft 
prevention program (in this section referred to as the ``program'') 
under which--
        (1) the owner of a motor vehicle may voluntarily sign a consent 
    form with a participating State or locality in which the motor 
    vehicle owner--
            (A) states that the vehicle is not normally operated under 
        certain specified conditions; and
            (B) agrees to--
                (i) display program decals or devices on the owner's 
            vehicle; and
                (ii) permit law enforcement officials in any State to 
            stop the motor vehicle and take reasonable steps to 
            determine whether the vehicle is being operated by or with 
            the permission of the owner, if the vehicle is being 
            operated under the specified conditions; and
        (2) participating States and localities authorize law 
    enforcement officials in the State or locality to stop motor 
    vehicles displaying program decals or devices under specified 
    conditions and take reasonable steps to determine whether the 
    vehicle is being operated by or with the permission of the owner.
    (b) Uniform Decal or Device Designs.--
        (1) In general.--The motor vehicle theft prevention program 
    developed pursuant to this section shall include a uniform design 
    or designs for decals or other devices to be displayed by motor 
    vehicles participating in the program.
        (2) Type of design.--The uniform design shall--
            (A) be highly visible; and
            (B) explicitly state that the motor vehicle to which it is 
        affixed may be stopped under the specified conditions without 
        additional grounds for establishing a reasonable suspicion that 
        the vehicle is being operated unlawfully.
    (c) Voluntary Consent Form.--The voluntary consent form used to 
enroll in the program shall--
        (1) clearly state that participation in the program is 
    voluntary;
        (2) clearly explain that participation in the program means 
    that, if the participating vehicle is being operated under the 
    specified conditions, law enforcement officials may stop the 
    vehicle and take reasonable steps to determine whether it is being 
    operated by or with the consent of the owner, even if the law 
    enforcement officials have no other basis for believing that the 
    vehicle is being operated unlawfully;
        (3) include an express statement that the vehicle is not 
    normally operated under the specified conditions and that the 
    operation of the vehicle under those conditions would provide 
    sufficient grounds for a prudent law enforcement officer to 
    reasonably believe that the vehicle was not being operated by or 
    with the consent of the owner; and
        (4) include any additional information that the Attorney 
    General may reasonably require.
    (d) Specified Conditions Under Which Stops May Be Authorized.--
        (1) In general.--The Attorney General shall promulgate rules 
    establishing the conditions under which participating motor 
    vehicles may be authorized to be stopped under this section. These 
    conditions may not be based on race, creed, color, national origin, 
    gender, or age. These conditions may include--
            (A) the operation of the vehicle during certain hours of 
        the day; or
            (B) the operation of the vehicle under other circumstances 
        that would provide a sufficient basis for establishing a 
        reasonable suspicion that the vehicle was not being operated by 
        the owner, or with the consent of the owner.
        (2) More than one set of conditions.--The Attorney General may 
    establish more than one set of conditions under which participating 
    motor vehicles may be stopped. If more than one set of conditions 
    is established, a separate consent form and a separate design for 
    program decals or devices shall be established for each set of 
    conditions. The Attorney General may choose to satisfy the 
    requirement of a separate design for program decals or devices 
    under this paragraph by the use of a design color that is clearly 
    distinguishable from other design colors.
        (3) No new conditions without consent.--After the program has 
    begun, the conditions under which a vehicle may be stopped if 
    affixed with a certain decal or device design may not be expanded 
    without the consent of the owner.
        (4) Limited participation by states and localities.--A State or 
    locality need not authorize the stopping of motor vehicles under 
    all sets of conditions specified under the program in order to 
    participate in the program.
    (e) Motor Vehicles for Hire.--
        (1) Notification to lessees.--Any person who is in the business 
    of renting or leasing motor vehicles and who rents or leases a 
    motor vehicle on which a program decal or device is affixed shall, 
    prior to transferring possession of the vehicle, notify the person 
    to whom the motor vehicle is rented or leased about the program.
        (2) Type of notice.--The notice required by this subsection 
    shall--
            (A) be in writing;
            (B) be in a prominent format to be determined by the 
        Attorney General; and
            (C) explain the possibility that if the motor vehicle is 
        operated under the specified conditions, the vehicle may be 
        stopped by law enforcement officials even if the officials have 
        no other basis for believing that the vehicle is being operated 
        unlawfully.
        (3) Fine for failure to provide notice.--Failure to provide 
    proper notice under this subsection shall be punishable by a fine 
    not to exceed $5,000.
    (f) Notification of Police.--As a condition of participating in the 
program, a State or locality must agree to take reasonable steps to 
ensure that law enforcement officials throughout the State or locality 
are familiar with the program, and with the conditions under which 
motor vehicles may be stopped under the program.
    (g) Regulations.--The Attorney General shall promulgate regulations 
to implement this section.
    (h) Authorization of Appropriations.--There are authorized to carry 
out this section.
        (1) $1,500,000 for fiscal year 1996;
        (2) $1,700,000 for fiscal year 1997; and
        (3) $1,800,000 for fiscal year 1998.
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.
    (a) Basic Offense.--Subsection (a) of section 511 of title 18, 
United States Code, is amended to read as follows:
    ``(a) A person who--
        ``(1) knowingly removes, obliterates, tampers with, or alters 
    an identification number for a motor vehicle or motor vehicle part; 
    or
        ``(2) with intent to further the theft of a motor vehicle, 
    knowingly removes, obliterates, tampers with, or alters a decal or 
    device affixed to a motor vehicle pursuant to the Motor Vehicle 
    Theft Prevention Act,
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
    (b) Excepted Persons.--Paragraph (2) of section 511(b) of title 18, 
United States Code, is amended--
        (1) by striking ``and'' after the semicolon in subparagraph 
    (B);
        (2) by striking the period at the end of subparagraph (C) and 
    inserting ``; and''; and
        (3) by adding at the end the following new subparagraph:
            ``(D) a person who removes, obliterates, tampers with, or 
        alters a decal or device affixed to a motor vehicle pursuant to 
        the Motor Vehicle Theft Prevention Act, if that person is the 
        owner of the motor vehicle, or is authorized to remove, 
        obliterate, tamper with or alter the decal or device by--
                ``(i) the owner or his authorized agent;
                ``(ii) applicable State or local law; or
                ``(iii) regulations promulgated by the Attorney General 
            to implement the Motor Vehicle Theft Prevention Act.''.
    (c) Definition.--Section 511 of title 18, United States Code, is 
amended by adding at the end thereof the following:
    ``(d) For purposes of subsection (a) of this section, the term 
`tampers with' includes covering a program decal or device affixed to a 
motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for 
the purpose of obstructing its visibility.''.
    (d) Unauthorized Application of a Decal or Device.--
        (1) In general.--Chapter 25 of title 18, United States Code, is 
    amended by adding after section 511 the following new section:

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

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

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

                     TITLE XXIII--VICTIMS OF CRIME
                      Subtitle A--Victims of Crime

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

    (a) Modification of Proposed Amendments.--The proposed amendments 
to the Federal Rules of Criminal Procedure which are embraced by an 
order entered by the Supreme Court of the United States on April 29, 
1994, shall take effect on December 1, 1994, as otherwise provided by 
law, but with the following amendments:
    (b) In General.--Rule 32 of the Federal Rules of Criminal Procedure 
is amended by--
        (1) striking ``and'' following the semicolon in subdivision 
    (c)(3)(C);
        (2) striking the period at the end of subdivision (c)(3)(D) and 
    inserting ``; and'';
        (3) inserting after subdivision (c)(3)(D) the following:
            ``(E) if sentence is to be imposed for a crime of violence 
        or sexual abuse, address the victim personally if the victim is 
        present at the sentencing hearing and determine if the victim 
        wishes to make a statement or present any information in 
        relation to the sentence.'';
        (4) in subdivision (c)(3)(D), striking ``equivalent 
    opportunity'' and inserting in lieu thereof ``opportunity 
    equivalent to that of the defendant's counsel'';
        (5) in the last sentence of subdivision (c)(4), striking ``and 
    (D)'' and inserting ``(D), and (E)'';
        (6) in the last sentence of subdivision (c)(4), inserting ``the 
    victim,'' before ``or the attorney for the Government.''; and
        (7) adding at the end the following:
    ``(f) Definitions.--For purposes of this rule--
        ``(1) `victim' means any individual against whom an offense has 
    been committed for which a sentence is to be imposed, but the right 
    of allocution under subdivision (c)(3)(E) may be exercised instead 
    by--
            ``(A) a parent or legal guardian if the victim is below the 
        age of eighteen years or incompetent; or
            ``(B) one or more family members or relatives designated by 
        the court if the victim is deceased or incapacitated;
    if such person or persons are present at the sentencing hearing, 
    regardless of whether the victim is present; and
        ``(2) `crime of violence or sexual abuse' means a crime that 
    involved the use or attempted or threatened use of physical force 
    against the person or property of another, or a crime under chapter 
    109A of title 18, United States Code.''.
    (c) Effective Date.--The amendments made by subsection (b) shall 
become effective on December 1, 1994.
SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM OF A 
VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING 
HEARING AND ANY PAROLE HEARING.
    It is the sense of the Senate that--
        (1) the law of a State should provide for a victim's right of 
    allocution at a sentencing hearing and at any parole hearing if the 
    offender has been convicted of a crime of violence or sexual abuse;
        (2) such a victim should have an opportunity equivalent to the 
    opportunity accorded to the offender to address the sentencing 
    court or parole board and to present information in relation to the 
    sentence imposed or to the early release of the offender; and
        (3) if the victim is not able to or chooses not to testify at a 
    sentencing hearing or parole hearing, the victim's parents, legal 
    guardian, or family members should have the right to address the 
    court or board.

                    Subtitle B--Crime Victims' Fund

SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

    (a) Generally.--Section 1402(d) of the Victims of Crime Act of 1984 
(42 U.S.C. 10601(d)) is amended by--
        (1) striking paragraph (2) and inserting the following:
        ``(2) the next $10,000,000 deposited in the Fund shall be 
    available for grants under section 1404A.'';
        (2) striking paragraph (3) and inserting the following:
        ``(3) Of the remaining amount deposited in the Fund in a 
    particular fiscal year--
            ``(A) 48.5 percent shall be available for grants under 
        section 1403;
            ``(B) 48.5 percent shall be available for grants under 
        section 1404(a); and
            ``(C) 3 percent shall be available for grants under section 
        1404(c).'';
        (3) striking paragraph (4) and inserting the following:
        ``(4) The Director may retain any portion of the Fund that was 
    deposited during a fiscal year that is in excess of 110 percent of 
    the total amount deposited in the Fund during the preceding fiscal 
    year as a reserve for use in a year in which the Fund falls below 
    the amount available in the previous year. Such reserve may not 
    exceed $20,000,000.''; and
        (4) striking paragraph (5).
    (b) Conforming Cross Reference.--Section 1402(g)(1) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended by striking 
``(d)(2)(D)'' and inserting ``(d)(2)''.

SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN 
              FEDERAL PROGRAMS.

    Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) 
is amended by adding at the end the following new subsection:
    ``(e) Notwithstanding any other law, if the compensation paid by an 
eligible crime victim compensation program would cover costs that a 
Federal program, or a federally financed State or local program, would 
otherwise pay,--
        ``(1) such crime victim compensation program shall not pay that 
    compensation; and
        ``(2) the other program shall make its payments without regard 
    to the existence of the crime victim compensation program.''.

SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

    (a) Creation of Exception.--The final sentence of section 
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1)) 
is amended by striking ``A grant'' and inserting ``Except as provided 
in paragraph (3), a grant''.
    (b) Requirements of Exception.--Section 1403(a) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end 
the following new paragraph:
    ``(3) Not more than 5 percent of a grant made under this section 
may be used for the administration of the State crime victim 
compensation program receiving the grant.''.

SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.

    Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(c)(1)(A)) is amended by inserting ``demonstration projects 
and'' before ``training''.

SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

    (a) Creation of Exception.--Section 1404(b)(2) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ``An 
eligible'' and inserting ``Except as provided in paragraph (3), an 
eligible''.
    (b) Requirements of Exception.--Section 1404(b) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end 
the following new subsection:
    ``(3) Not more than 5 percent of sums received under subsection (a) 
may be used for the administration of the State crime victim assistance 
program receiving such sums.''.

SEC. 230206. MAINTENANCE OF EFFORT.

    Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) 
is amended by adding at the end the following new subsection:
    ``(h) Each entity receiving sums made available under this Act for 
administrative purposes shall certify that such sums will not be used 
to supplant State or local funds, but will be used to increase the 
amount of such funds that would, in the absence of Federal funds, be 
made available for these purposes.''.

SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.

    Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 
10604(g)) is amended by striking ``and on December 31 every two years 
thereafter'', and inserting ``and on June 30 every two years 
thereafter''.

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

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

                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.
    (a) Grant.--The Attorney General shall, subject to the availability 
of appropriations, award a grant to an eligible organization to assist 
the organization in paying for the costs of planning, designing, 
establishing, and operating a Missing Alzheimer's Disease Patient Alert 
Program, which shall be a locally based, proactive program to protect 
and locate missing patients with Alzheimer's disease and related 
dementias.
    (b) Application.--To be eligible to receive a grant under 
subsection (a), an organization shall submit an application to the 
Attorney General at such time, in such manner, and containing such 
information as the Attorney General may require, including, at a 
minimum, an assurance that the organization will obtain and use 
assistance from private nonprofit organizations to support the program.
    (c) Eligible Organization.--The Attorney General shall award the 
grant described in subsection (a) to a national voluntary organization 
that has a direct link to patients, and families of patients, with 
Alzheimer's disease and related dementias.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $900,000 for fiscal year 1996;
        (2) $900,000 for fiscal year 1997; and
        (3) $900,000 for fiscal year 1998.

SEC. 240002. CRIMES AGAINST THE ELDERLY.

    (a) In General.--Pursuant to its authority under the Sentencing 
Reform Act of 1984 and section 21 of the Sentencing Act of 1987 
(including its authority to amend the sentencing guidelines and policy 
statements) and its authority to make such amendments on an emergency 
basis, the United States Sentencing Commission shall ensure that the 
applicable guideline range for a defendant convicted of a crime of 
violence against an elderly victim is sufficiently stringent to deter 
such a crime, to protect the public from additional crimes of such a 
defendant, and to adequately reflect the heinous nature of such an 
offense.
    (b) Criteria.--In carrying out subsection (a), the United States 
Sentencing Commission shall ensure that--
        (1) the guidelines provide for increasingly severe punishment 
    for a defendant commensurate with the degree of physical harm 
    caused to the elderly victim;
        (2) the guidelines take appropriate account of the 
    vulnerability of the victim; and
        (3) the guidelines provide enhanced punishment for a defendant 
    convicted of a crime of violence against an elderly victim who has 
    previously been convicted of a crime of violence against an elderly 
    victim, regardless of whether the conviction occurred in Federal or 
    State court.
    (c) Definitions.--In this section--
        ``crime of violence'' means an offense under section 113, 114, 
    1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, United 
    States Code.
        ``elderly victim'' means a victim who is 65 years of age or 
    older at the time of an offense.

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

SEC. 250001. SHORT TITLE.

    This Act may be cited as the ``Senior Citizens Against Marketing 
Scams Act of 1994''.

SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.

    (a) Offense.--Part I of title 18, United States Code, is Pamended--
        (1) by redesignating chapter 113A as chapter 113B; and
        (2) by inserting after chapter 113 the following new chapter:

                  ``CHAPTER 113A--TELEMARKETING FRAUD

``Sec.
``2325. Definition.
``2326. Enhanced penalties.
``2327. Mandatory restitution.

``Sec. 2325. Definition

    ``In this chapter, `telemarketing'--
        ``(1) means a plan, program, promotion, or campaign that is 
    conducted to induce--
            ``(A) purchases of goods or services; or
            ``(B) participation in a contest or sweepstakes,
    by use of 1 or more interstate telephone calls initiated either by 
    a person who is conducting the plan, program, promotion, or 
    campaign or by a prospective purchaser or contest or sweepstakes 
    participant; but
        ``(2) does not include the solicitation of sales through the 
    mailing of a catalog that--
            ``(A) contains a written description or illustration of the 
        goods or services offered for sale;
            ``(B) includes the business address of the seller;
            ``(C) includes multiple pages of written material or 
        illustration; and
            ``(D) has been issued not less frequently than once a year,
    if the person making the solicitation does not solicit customers by 
    telephone but only receives calls initiated by customers in 
    response to the catalog and during those calls takes orders without 
    further solicitation.

``Sec. 2326. Enhanced penalties

    ``A person who is convicted of an offense under section 1028, 1029, 
1341, 1342, 1343, or 1344 in connection with the conduct of 
telemarketing--
        ``(1) may be imprisoned for a term of up to 5 years in addition 
    to any term of imprisonment imposed under any of those sections, 
    respectively; and
        ``(2) in the case of an offense under any of those sections 
    that--
            ``(A) victimized ten or more persons over the age of 55; or
            ``(B) targeted persons over the age of 55,
    may be imprisoned for a term of up to 10 years in addition to any 
    term of imprisonment imposed under any of those sections, 
    respectively.

``Sec. 2327. Mandatory restitution

    ``(a) In General.--Notwithstanding section 3663, and in addition to 
any other civil or criminal penalty authorized by law, the court shall 
order restitution for any offense under this chapter.
    ``(b) Scope and Nature of Order.--
        ``(1) Directions.--The order of restitution under this section 
    shall direct that--
            ``(A) the defendant pay to the victim (through the 
        appropriate court mechanism) the full amount of the victim's 
        losses as determined by the court, pursuant to paragraph (3); 
        and
            ``(B) the United States Attorney enforce the restitution 
        order by all available and reasonable means.
        ``(2) Enforcement by victim.--An order of restitution may be 
    enforced by a victim named in the order to receive the restitution 
    as well as by the United States Attorney, in the same manner as a 
    judgment in a civil action.
        ``(3) Definition.--For purposes of this subsection, the term 
    `full amount of the victim's losses' means all losses suffered by 
    the victim as a proximate result of the offense.
        ``(4) Order mandatory.--(A) The issuance of a restitution order 
    under this section is mandatory.
        ``(B) A court may not decline to issue an order under this 
    section because of--
            ``(i) the economic circumstances of the defendant; or
            ``(ii) the fact that a victim has, or is entitled to, 
        receive compensation for his or her injuries from the proceeds 
        of insurance or any other source.
        ``(C)(i) Notwithstanding subparagraph (A), the court may take 
    into account the economic circumstances of the defendant in 
    determining the manner in which and the schedule according to which 
    the restitution is to be paid.
        ``(ii) For purposes of this subparagraph, the term `economic 
    circumstances' includes--
            ``(I) the financial resources and other assets of the 
        defendant;
            ``(II) projected earnings, earning capacity, and other 
        income of the defendant; and
            ``(III) any financial obligations of the defendant, 
        including obligations to dependents.
        ``(D) Subparagraph (A) does not apply if--
            ``(i) the court finds on the record that the economic 
        circumstances of the defendant do not allow for the payment of 
        any amount of a restitution order, and do not allow for the 
        payment of any or some portion of the amount of a restitution 
        order in the foreseeable future (under any reasonable schedule 
        of payments); and
            ``(ii) the court enters in its order the amount of the 
        victim's losses, and provides a nominal restitution award.
        ``(5) More than 1 offender.--When the court finds that more 
    than 1 offender has contributed to the loss of a victim, the court 
    may make each offender liable for payment of the full amount of 
    restitution or may apportion liability among the offenders to 
    reflect the level of contribution and economic circumstances of 
    each offender.
        ``(6) More than 1 victim.--When the court finds that more than 
    1 victim has sustained a loss requiring restitution by an offender, 
    the court shall order full restitution of each victim but may 
    provide for different payment schedules to reflect the economic 
    circumstances of each victim.
        ``(7) Payment schedule.--An order under this section may direct 
    the defendant to make a single lump-sum payment or partial payments 
    at specified intervals.
        ``(8) Setoff.--Any amount paid to a victim under this section 
    shall be set off against any amount later recovered as compensatory 
    damages by the victim from the defendant in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
        ``(9) Effect on other sources of compensation.--The issuance of 
    a restitution order shall not affect the entitlement of a victim to 
    receive compensation with respect to a loss from insurance or any 
    other source until the payments actually received by the victim 
    under the restitution order fully compensate the victim for the 
    loss.
        ``(10) Condition of probation or supervised release.--
    Compliance with a restitution issued under this section shall be a 
    condition of any probation or supervised release of a defendant. 
    The court may revoke probation or a term of supervised release, 
    modify the terms or conditions of probation or a term of supervised 
    release, hold the defendant in contempt pursuant to section 
    3583(e), or suspend the offender's eligibility for any grant, 
    contract, loan, professional license, or commercial license 
    provided by an agency of the United States or with appropriated 
    funds of the United States if the defendant fails to comply with 
    the order. In determining whether to revoke probation or a term of 
    supervised release, modify the terms or conditions of probation or 
    supervised release or hold a defendant serving a term of supervised 
    release in contempt, the court shall consider the defendant's 
    employment status, earning ability and financial resources, the 
    willfulness of the defendant's failure to comply, and any other 
    circumstances that may have a bearing on the defendant's ability to 
    comply.
    ``(c) Proof of Claim.--
        ``(1) Affidavit.--Within 60 days after conviction and, in any 
    event, not later than 10 days prior to sentencing, the United 
    States Attorney (or the United States Attorney's delegee), after 
    consulting with the victim, shall prepare and file an affidavit 
    with the court listing the amounts subject to restitution under 
    this section. The affidavit shall be signed by the United States 
    Attorney (or the United States Attorney's delegee) and the victim. 
    Should the victim object to any of the information included in the 
    affidavit, the United States Attorney (or the United States 
    Attorney's delegee) shall advise the victim that the victim may 
    file a separate affidavit and shall provide the victim with an 
    affidavit form which may be used to do so.
        ``(2) Objection.--If, after the defendant has been notified of 
    the affidavit, no objection is raised by the defendant, the amounts 
    attested to in the affidavit filed pursuant to paragraph (1) shall 
    be entered in the court's restitution order. If objection is 
    raised, the court may require the victim or the United States 
    Attorney (or the United States Attorney's delegee) to submit 
    further affidavits or other supporting documents, demonstrating the 
    victim's losses.
        ``(3) Additional documentation and testimony.--If the court 
    concludes, after reviewing the supporting documentation and 
    considering the defendant's objections, that there is a substantial 
    reason for doubting the authenticity or veracity of the records 
    submitted, the court may require additional documentation or hear 
    testimony on those questions. The privacy of any records filed, or 
    testimony heard, pursuant to this section shall be maintained to 
    the greatest extent possible, and such records may be filed or 
    testimony heard in camera.
        ``(4) Final determination of losses.--If the victim's losses 
    are not ascertainable by the date that is 10 days prior to 
    sentencing as provided in paragraph (1), the United States Attorney 
    (or the United States Attorney's delegee) shall so inform the 
    court, and the court shall set a date for the final determination 
    of the victim's losses, not to exceed 90 days after sentencing. If 
    the victim subsequently discovers further losses, the victim shall 
    have 60 days after discovery of those losses in which to petition 
    the court for an amended restitution order. Such order may be 
    granted only upon a showing of good cause for the failure to 
    include such losses in the initial claim for restitutionary relief.
    ``(d) Modification of Order.--A victim or the offender may petition 
the court at any time to modify a restitution order as appropriate in 
view of a change in the economic circumstances of the offender.
    ``(e) Reference to Magistrate or Special Master.--The court may 
refer any issue arising in connection with a proposed order of 
restitution to a magistrate or special master for proposed findings of 
fact and recommendations as to disposition, subject to a de novo 
determination of the issue by the court.
    ``(f) Definition.--For purposes of this section, the term `victim' 
includes the individual harmed as a result of a commission of a crime 
under this chapter, including, in the case of a victim who is 
incompetent, incapacitated, or deceased, the legal guardian of the 
victim or representative of the victim's estate, another family member, 
or any other person appointed as suitable by the court, but in no event 
shall the defendant be named as such representative or guardian.''.
    (b) Technical Amendments.--
        (1) Part analysis.--The part analysis for part I of title 18, 
    United States Code, is amended by striking the item relating to 
    chapter 113A and inserting the following:

``113A. Telemarketing fraud.......................................  2325

``113B. Terrorism................................................2331''.

        (2) Chapter 113b.--The chapter heading for chapter 113B of 
    title 18, United States Code, as redesignated by subsection (a)(1), 
    is amended to read as follows:

                      ``CHAPTER 113B--TERRORISM''.

SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.
    (a) Review.--The United States Sentencing Commission shall review 
and, if necessary, amend the sentencing guidelines to ensure that 
victim related adjustments for fraud offenses against older victims 
over the age of 55 are adequate.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Sentencing Commission shall report to Congress the result 
of its review under subsection (a).
SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND 
CONVICTION.
    Section 3059 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c)(1) In special circumstances and in the Attorney General's 
sole discretion, the Attorney General may make a payment of up to 
$10,000 to a person who furnishes information unknown to the Government 
relating to a possible prosecution under section 2326 which results in 
a conviction.
    ``(2) A person is not eligible for a payment under paragraph (1) 
if--
        ``(A) the person is a current or former officer or employee of 
    a Federal, State, or local government agency or instrumentality who 
    furnishes information discovered or gathered in the course of 
    government employment;
        ``(B) the person knowingly participated in the offense;
        ``(C) the information furnished by the person consists of an 
    allegation or transaction that has been disclosed to the public--
            ``(i) in a criminal, civil, or administrative proceeding;
            ``(ii) in a congressional, administrative, or General 
        Accounting Office report, hearing, audit, or investigation; or
            ``(iii) by the news media, unless the person is the 
        original source of the information; or
        ``(D) when, in the judgment of the Attorney General, it appears 
    that a person whose illegal activities are being prosecuted or 
    investigated could benefit from the award.
    ``(3) For the purposes of paragraph (2)(C)(iii), the term `original 
source' means a person who has direct and independent knowledge of the 
information that is furnished and has voluntarily provided the 
information to the Government prior to disclosure by the news media.
    ``(4) Neither the failure of the Attorney General to authorize a 
payment under paragraph (1) nor the amount authorized shall be subject 
to judicial review.''.

SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for the purposes of 
carrying out this Act and the amendments made by this Act--
        (1) for the Federal Bureau of Investigation to hire, equip, and 
    train special agents and support staff to investigate telemarketing 
    fraud cases--
            (A) $750,000 for fiscal year 1996;
            (B) $1,500,000 for fiscal year 1997;
            (C) $1,500,000 for fiscal year 1998;
            (D) $1,800,000 for fiscal year 1999; and
            (E) $1,950,000 for fiscal year 2000;
        (2) to hire, equip, and train Department of Justice attorneys, 
    assistant United States Attorneys, and support staff to prosecute 
    telemarketing fraud cases--
            (A) $250,000 for fiscal year 1996;
            (B) $500,000 for fiscal year 1997;
            (C) $500,000 for fiscal year 1998;
            (D) $600,000 for fiscal year 1999; and
            (E) $650,000 for fiscal year 2000; and
        (3) for the Department of Justice to conduct, in cooperation 
    with State and local law enforcement agencies and senior citizen 
    advocacy organizations, public awareness and prevention initiatives 
    for senior citizens, such as seminars and training--
            (A) $1,000,000 for fiscal year 1996;
            (B) $2,000,000 for fiscal year 1997;
            (C) $2,000,000 for fiscal year 1998;
            (D) $2,500,000 for fiscal year 1999; and
            (E) $2,500,000 for fiscal year 2000.

SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.

    Section 1341 of title 18, United States Code, is amended--
        (1) by inserting ``or deposits or causes to be deposited any 
    matter or thing whatever to be sent or delivered by any private or 
    commercial interstate carrier,'' after ``Postal Service,''; and
        (2) by inserting ``or such carrier'' after ``causes to be 
    delivered by mail''.
SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS 
DEVICES.
    Section 1029 of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) by striking ``or'' at the end of paragraph (3); and
            (B) by inserting after paragraph (4) the following new 
        paragraphs:
        ``(5) knowingly and with intent to defraud effects 
    transactions, with 1 or more access devices issued to another 
    person or persons, to receive payment or any other thing of value 
    during any 1-year period the aggregate value of which is equal to 
    or greater than $1,000;
        ``(6) without the authorization of the issuer of the access 
    device, knowingly and with intent to defraud solicits a person for 
    the purpose of--
            ``(A) offering an access device; or
            ``(B) selling information regarding or an application to 
        obtain an access device; or
        ``(7) without the authorization of the credit card system 
    member or its agent, knowingly and with intent to defraud causes or 
    arranges for another person to present to the member or its agent, 
    for payment, 1 or more evidences or records of transactions made by 
    an access device;'';
        (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' and 
    inserting ``(a) (2), (3), (5), (6), or (7)''; and
        (3) in subsection (e)--
            (A) by striking ``and'' at the end of paragraph (5);
            (B) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
        ``(7) the term `credit card system member' means a financial 
    institution or other entity that is a member of a credit card 
    system, including an entity, whether affiliated with or identical 
    to the credit card issuer, that is the sole member of a credit card 
    system.''.

SEC. 250008. INFORMATION NETWORK.

    (a) Hotline.--The Attorney General shall, subject to the 
availability of appropriations, establish a national toll-free hotline 
for the purpose of--
        (1) providing general information on telemarketing fraud to 
    interested persons; and
        (2) gathering information related to possible violations of 
    this Act.
    (b) Action on Information Gathered.--The Attorney General shall 
work in cooperation with the Federal Trade Commission to ensure that 
information gathered through the hotline shall be acted on in an 
appropriate manner.

           TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.

    (a) Membership.--Section 211(B)(f) of Public Law 101-515 (104 Stat. 
2123) is amended to read as follows:
    ``(f) Number and Appointment.--
        ``(1) In general.--The Commission shall be composed of 29 
    members as follows:
            ``(A) Nine individuals appointed from national law 
        enforcement organizations representing law enforcement 
        officers, of whom--
                ``(i) two shall be appointed by the Speaker of the 
            House of Representatives;
                ``(ii) two shall be appointed by the majority leader of 
            the Senate;
                ``(iii) two shall be appointed by the minority leader 
            of the House of Representatives;
                ``(iv) two shall be appointed by the minority leader of 
            the Senate; and
                ``(v) one shall be appointed by the President.
            ``(B) Nine individuals appointed from national law 
        enforcement organizations representing law enforcement 
        management, of whom--
                ``(i) two shall be appointed by the Speaker of the 
            House of Representatives;
                ``(ii) two shall be appointed by the majority leader of 
            the Senate;
                ``(iii) two shall be appointed by the minority leader 
            of the House of Representatives;
                ``(iv) two shall be appointed by the minority leader of 
            the Senate; and
                ``(v) one shall be appointed by the President.
            ``(C) Two individuals appointed with academic expertise 
        regarding law enforcement issues, of whom--
                ``(i) one shall be appointed by the Speaker of the 
            House of Representatives and the majority leader of the 
            Senate; and
                ``(ii) one shall be appointed by the minority leader of 
            the Senate and the minority leader of the House of 
            Representatives.
            ``(D) Two Members of the House of Representatives, 
        appointed by the Speaker and the minority leader of the House 
        of Representatives.
            ``(E) Two Members of the Senate, appointed by the majority 
        leader and the minority leader of the Senate.
            ``(F) One individual from the Department of Justice, 
        appointed by the President.
            ``(G) Two individuals representing a State or local 
        governmental entity, such as a Governor, mayor, or State 
        attorney general, to be appointed jointly by the majority 
        leader and the minority leader of the Senate.
            ``(H) Two individuals representing a State or local 
        governmental entity, such as a Governor, mayor, or State 
        attorney general, to be appointed jointly by the Speaker and 
        the minority leader of the House of Representatives.
        ``(2) Comptroller general.--The Comptroller General shall serve 
    in an advisory capacity and shall oversee the methodology and 
    approve of the Commission study.
        ``(3) Chairperson.--Upon their appointment the members of the 
    Commission shall select one of their number to act as chairperson.
        ``(4) Appointment date.--Members of the Commission shall be 
    appointed no later than 90 days after the enactment of this Act.''.
    (b) Report.--Section 211(B)(p) of Public Law 101-515 (104 Stat. 
2124) is amended by striking ``the expiration'' and all that follows 
through ``this Act,'' and inserting ``March 31, 1996,''.
    (c) Reimbursement.--
        (1) Section 211(B)(i) of Public Law 101-515 (104 Stat. 2124) is 
    amended by striking ``non-reimbursable'' and inserting ``a 
    reimbursable''.
        (2) Section 211(b)(j) of Public Law 101-515 (104 Stat. 2124) is 
    amended by adding after ``Commission'' the following: ``, on a 
    reimbursable basis,''.

SEC. 260002. CONFORMING AMENDMENT.

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

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

SEC. 270001. PRESIDENTIAL SUMMIT.

    Congress calls on the President to convene a national summit on 
violence in America prior to convening the Commission established under 
this title.
SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REPRESENTATION.
    (a) Establishment and Appointment of Members.--There is established 
a commission to be known as the ``National Commission on Crime Control 
and Prevention''. The Commission shall be composed of 28 members 
appointed as follows:
        (1) 10 persons by the President, not more than 6 of whom shall 
    be of the same major political party.
        (2) 9 persons by the President pro tempore of the Senate, 5 of 
    whom shall be appointed on the recommendation of the Majority 
    Leader of the Senate and the chairman of the Committee on the 
    Judiciary of the Senate, and 4 of whom shall be appointed on the 
    recommendation of the Minority Leader of the Senate and the ranking 
    minority member of the Committee on the Judiciary of the Senate.
        (3) 9 persons appointed by the Speaker of the House of 
    Representatives, in consultation with the chairman of the Committee 
    on the Judiciary of the House of Representatives, and 4 of whom 
    shall be appointed on the recommendation of the Minority Leader of 
    the House of Representatives, in consultation with the ranking 
    member of the Committee on the Judiciary.
    (b) Committees and Task Forces.--The Commission shall establish 
committees or task forces from among its members for the examination of 
specific subject areas and the carrying out of other functions or 
responsibilities of the Commission, including committees or task forces 
for the examination of the subject areas of crime and violence 
generally, the causes of the demand for drugs, violence in schools, and 
violence against women, as described in subsections (b) through (e) of 
section 270004.
    (c) Representation.--(1) At least 1 member of the Commission 
appointed by the President, at least 2 members of the Commission 
appointed by the President pro tempore of the Senate, and at least 2 
members of the Commission appointed by the Speaker of the House of 
Representatives shall be persons well-qualified to participate in the 
Commission's examination of the subject area of crime and violence 
generally, with education, training, expertise, or experience in such 
areas as law enforcement, law, sociology, psychology, social work, and 
ethnography and urban poverty (including health care, housing, 
education, and employment).
    (2) At least 1 member of the Commission appointed by the President, 
at least 2 members of the Commission appointed by the President pro 
tempore of the Senate, and at least 2 members of the Commission 
appointed by the Speaker of the House of Representatives shall be 
persons well-qualified to participate in the Commission's examination 
of the subject area of the causes of the demand for drugs, with 
education, training, expertise, or experience in such areas as 
addiction, biomedicine, sociology, psychology, law, and ethnography and 
urban poverty (including health care, housing, education, and 
employment).
    (3) At least 1 member of the Commission appointed by the President, 
at least 2 members of the Commission appointed by the President pro 
tempore of the Senate, and at least 2 members of the Commission 
appointed by the Speaker of the House of Representatives shall be 
persons well-qualified to participate in the Commission's examination 
of the subject area of violence in schools, with education, training, 
expertise, or experience in such areas as law enforcement, education, 
school governance policy and teaching, law, sociology, psychology, and 
ethnography and urban poverty (including health care, housing, 
education, and employment).
    (4) At least 1 member of the Commission appointed by the President, 
at least 2 members of the Commission appointed by the President pro 
tempore of the Senate, and at least 2 members of the Commission 
appointed by the Speaker of the House of Representatives shall be 
persons well-qualified to participate in the Commission's examination 
of the subject area of violence against women, as survivors of 
violence, or as persons with education, training, expertise, or 
experience in such areas as law enforcement, law, judicial 
administration, prosecution, defense, victim services or advocacy in 
sexual assault or domestic violence cases (including medical services 
and counseling), and protection of victims' rights.

SEC. 270003. PURPOSES.

    The purposes of the Commission are as follows:
        (1) To develop a comprehensive proposal for preventing and 
    controlling crime and violence in the United States, including cost 
    estimates for implementing any recommendations made by the 
    Commission.
        (2) To bring attention to successful models and programs in 
    crime prevention and crime control.
        (3) To reach out beyond the traditional criminal justice 
    community for ideas for controlling and preventing crime.
        (4) To recommend improvements in the coordination of local, 
    State, Federal, and international crime control and prevention 
    efforts, including efforts relating to crime near international 
    borders.
        (5) To make a comprehensive study of the economic and social 
    factors leading to or contributing to crime and violence, including 
    the causes of illicit drug use and other substance abuse, and to 
    develop specific proposals for legislative and administrative 
    actions to reduce crime and violence and the factors that 
    contribute to it.
        (6) To recommend means of utilizing criminal justice resources 
    as effectively as possible, including targeting finite correctional 
    facility space to the most serious and violent offenders, and 
    considering increased use of intermediate sanctions for offenders 
    who can be dealt with adequately by such means.
        (7) To examine distinctive crime problems and the impact of 
    crime on members of minority groups, Indians living on 
    reservations, and other groups defined by race, ethnicity, 
    religion, age, disability, or other characteristics, and to 
    recommend specific responses to the distinctive crime problems of 
    such groups.
        (8) To examine the problem of sexual assaults, domestic 
    violence, and other criminal and unlawful acts that particularly 
    affect women, and to recommend Federal, State, and local strategies 
    for more effectively preventing and punishing such crimes and acts.
        (9) To examine the treatment of victims in Federal, State, and 
    local criminal justice systems, and to develop recommendations to 
    enhance and protect the rights of victims.
        (10) To examine the ability of Federal, State, and local 
    criminal justice systems to administer criminal law and criminal 
    sanctions impartially without discrimination on the basis of race, 
    ethnicity, religion, gender, or other legally proscribed grounds, 
    and to make recommendations for correcting any deficiencies in the 
    impartial administration of justice on these grounds.
        (11) To examine the nature, scope, causes, and complexities of 
    violence in schools and to recommend a comprehensive response to 
    that problem.

SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.

    (a) In General.--The responsibilities of the Commission shall 
include such study and consultation as may be necessary or appropriate 
to carry out the purposes set forth in section 270003, including the 
specific measures described in subsections (b) through (e) in relation 
to the subject areas addressed in those subsections.
    (b) Crime and Violence Generally.--In addressing the subject of 
crime and violence generally, the activities of the Commission shall 
include the following:
        (1) Reviewing the effectiveness of traditional criminal justice 
    approaches in preventing and controlling crime and violence.
        (2) Examining the impact that changes in Federal and State law 
    have had in controlling crime and violence.
        (3) Examining the impact of changes in Federal immigration laws 
    and policies and increased development and growth along United 
    States international borders on crime and violence in the United 
    States, particularly among the Nation's youth.
        (4) Examining the problem of youth gangs and providing 
    recommendations as to how to reduce youth involvement in violent 
    crime.
        (5) Examining the extent to which the use of dangerous weapons 
    in the commission of crime has contributed to violence and murder 
    in the United States.
        (6) Convening field hearings in various regions of the country 
    to receive testimony from a cross section of criminal justice 
    professionals, business leaders, elected officials, medical 
    doctors, and other persons who wish to participate.
        (7) Reviewing all segments of the Nation's criminal justice 
    systems, including the law enforcement, prosecution, defense, 
    judicial, and corrections components in developing the crime 
    control and prevention proposal.
    (c) Causes of the Demand for Drugs.--In addressing the subject of 
the causes of the demand for drugs, the activities of the Commission 
shall include the following:
        (1) Examining the root causes of illicit drug use and abuse in 
    the United States, including by compiling existing research 
    regarding those root causes, and including consideration of the 
    following factors:
            (A) The characteristics of potential illicit drug users and 
        abusers or drug traffickers, including age and social, 
        economic, and educational backgrounds.
            (B) Environmental factors that contribute to illicit drug 
        use and abuse, including the correlation between unemployment, 
        poverty, and homelessness and drug experimentation and abuse.
            (C) The effects of substance use and abuse by a relative or 
        friend in contributing to the likelihood and desire of an 
        individual to experiment with illicit drugs.
            (D) Aspects of, and changes in cultural values, attitudes 
        and traditions that contribute to illicit drug use and abuse.
            (E) The physiological and psychological factors that 
        contribute to the desire for illicit drugs.
        (2) Evaluating Federal, State, and local laws and policies on 
    the prevention of drug abuse, control of unlawful production, 
    distribution and use of controlled substances, and the efficacy of 
    sentencing policies with regard to those laws.
        (3) Analyzing the allocation of resources among interdiction of 
    controlled substances entering the United States, enforcement of 
    Federal laws relating to the unlawful production, distribution, and 
    use of controlled substances, education with regard to and the 
    prevention of the unlawful use of controlled substances, and 
    treatment and rehabilitation of drug abusers.
        (4) Analyzing current treatment and rehabilitation methods and 
    making recommendations for improvements.
        (5) Identifying any existing gaps in drug abuse policy that 
    result from the lack of attention to the root causes of drug abuse.
        (6) Assessing the needs of government at all levels for 
    resources and policies for reducing the overall desire of 
    individuals to experiment with and abuse illicit drugs.
        (7) Making recommendations regarding necessary improvements in 
    policies for reducing the use of illicit drugs in the United 
    States.
    (d) Violence in Schools.--In addressing the subject of violence in 
schools, the activities of the Commission shall include the following:
        (1) Defining the causes of violence in schools.
        (2) Defining the scope of the national problem of violence in 
    schools.
        (3) Providing statistics and data on the problem of violence in 
    schools on a State-by-State basis.
        (4) Investigating the problem of youth gangs and their relation 
    to violence in schools and providing recommendations on how to 
    reduce youth involvement in violent crime in schools.
        (5) Examining the extent to which dangerous weapons have 
    contributed to violence and murder in schools.
        (6) Exploring the extent to which the school environment has 
    contributed to violence in schools.
        (7) Reviewing the effectiveness of current approaches in 
    preventing violence in schools.
    (e) Violence Against Women.--In addressing the subject of sexual 
assault, domestic violence, and other criminal and unlawful acts that 
particularly affect women, the activities of the Commission shall 
include the following:
        (1) Evaluating the adequacy of, and making recommendations 
    regarding, current law enforcement efforts at the Federal, State, 
    and local levels to reduce the incidence of such crimes and acts, 
    and to punish those responsible for such crimes and acts.
        (2) Evaluating the adequacy of, and making recommendations 
    regarding, the responsiveness of prosecutors and courts to such 
    crimes and acts.
        (3) Evaluating the adequacy of rules of evidence, practice, and 
    procedure to ensure the effective prosecution and conviction of 
    perpetrators of such crimes and acts and to protect victims of such 
    crimes and acts from abuse in legal proceedings, making 
    recommendations, where necessary, to improve those rules.
        (4) Evaluating the adequacy of pretrial release, sentencing, 
    incarceration, and post-conviction release in relation to such 
    crimes and acts.
        (5) Evaluating the adequacy of, and making recommendations 
    regarding, the adequacy of Federal and State laws on sexual assault 
    and the need for a more uniform statutory response to sex offenses, 
    including sexual assaults and other sex offenses committed by 
    offenders who are known or related by blood or marriage to the 
    victim.
        (6) Evaluating the adequacy of, and making recommendations 
    regarding, the adequacy of Federal and State laws on domestic 
    violence and the need for a more uniform statutory response to 
    domestic violence.
        (7) Evaluating the adequacy of, and making recommendations 
    regarding, the adequacy of current education, prevention, and 
    protective services for victims of such crimes and acts.
        (8) Assessing the issuance, formulation, and enforcement of 
    protective orders, whether or not related to a criminal proceeding, 
    and making recommendations for their more effective use in domestic 
    violence and stalking cases.
        (9) Assessing the problem of stalking and recommending 
    effective means of response to the problem.
        (10) Evaluating the adequacy of, and making recommendations 
    regarding, programs for public awareness and public dissemination 
    of information to prevent such crimes and acts.
        (11) Evaluating the treatment of victims of such crimes and 
    acts in Federal, State, and local criminal justice systems, and 
    making recommendations designed to improve such treatment.

SEC. 270005. ADMINISTRATIVE MATTERS.

    (a) Chair.--The President shall designate a member of the 
Commission to chair the Commission.
    (b) No Additional Pay or Benefits; Per Diem.--Members of the 
Commission shall receive no pay or benefits by reason of their service 
on the Commission, but shall receive travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employees of 
agencies under sections 5702 and 5703 of title 5, United States Code.
    (c) Vacancies.--Vacancies on the Commission shall be filled in the 
same manner as initial appointments.
    (d) Meetings Open to the Public.--The Commission shall be 
considered to be an agency for the purposes of section 552b of title 5, 
United States Code, relating to the requirement that meetings of 
Federal agencies be open to the public.

SEC. 270006. STAFF AND SUPPORT SERVICES.

    (a) Director.--With the approval of the Commission, the chairperson 
shall appoint a staff director for the Commission.
    (b) Staff.--With the approval of the Commission, the staff director 
may appoint and fix the compensation of staff personnel for the 
Commission.
    (c) Civil Service Laws.--The staff of the Commission shall be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service. Staff 
compensation may be set without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates, but in no event shall 
any such personnel be compensated at a rate greater than the rate of 
basic pay for level ES-4 of the Senior Executive Service Schedule under 
section 5382 of that title. The staff director shall be paid at a rate 
not to exceed the rate of basic pay for level V of the Executive 
Schedule.
    (d) Consultants.--With the approval of the Commission, the staff 
director may procure temporary and intermittent services under section 
3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon the request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, 
personnel of that agency to the Commission to assist in carrying out 
its duties.
    (f) Physical Facilities.--The Administrator of the General Service 
Administration shall provide suitable office space for the operation of 
the Commission. The facilities shall serve as the headquarters of the 
Commission and shall include all necessary equipment and incidentals 
required for proper functioning.

SEC. 270007. POWERS.

    (a) Hearings.--For the purposes of carrying out this title, the 
Commission may conduct such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence, as the 
Commission considers appropriate. The Commission may administer oaths 
before the Commission.
    (b) Delegation.--Any committee, task force, member, or agent, of 
the Commission may, if authorized by the Commission, take any action 
that the Commission is authorized to take under this title.
    (c) Access to Information.--The Commission may request directly 
from any Federal agency or entity in the executive or legislative 
branch such information as is needed to carry out its functions.
    (d) Mail.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.

SEC. 270008. REPORT; TERMINATION.

    Not later than 2 years after the date on which the Commission is 
fully constituted under section 270001, the Commission shall submit a 
detailed report to the Congress and the President containing its 
findings and recommendations. The Commission shall terminate 30 days 
after the submission of its report.

SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title--
        (1) $1,000,000 for fiscal year 1996.

                  TITLE XXVIII--SENTENCING PROVISIONS

SEC. 280001. IMPOSITION OF SENTENCE.

    Section 3553(a)(4) of title 18, United States Code, is amended to 
read as follows:
        ``(4) the kinds of sentence and the sentencing range 
    established for--
            ``(A) the applicable category of offense committed by the 
        applicable category of defendant as set forth in the guidelines 
        issued by the Sentencing Commission pursuant to section 
        994(a)(1) of title 28, United States Code, and that are in 
        effect on the date the defendant is sentenced; or
            ``(B) in the case of a violation of probation or supervised 
        release, the applicable guidelines or policy statements issued 
        by the Sentencing Commission pursuant to section 994(a)(3) of 
        title 28, United States Code;''.
SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
    Section 3563(a)(3) of title 18, United States Code, is amended by 
striking ``possess illegal controlled substances'' and inserting 
``unlawfully possess a controlled substance''.
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION REGARDING 
SENTENCING ENHANCEMENTS FOR HATE CRIMES.
    (a) Definition.--In this section, ``hate crime'' means a crime in 
which the defendant intentionally selects a victim, or in the case of a 
property crime, the property that is the object of the crime, because 
of the actual or perceived race, color, religion, national origin, 
ethnicity, gender, disability, or sexual orientation of any person.
    (b) Sentencing Enhancement.--Pursuant to section 994 of title 28, 
United States Code, the United States Sentencing Commission shall 
promulgate guidelines or amend existing guidelines to provide 
sentencing enhancements of not less than 3 offense levels for offenses 
that the finder of fact at trial determines beyond a reasonable doubt 
are hate crimes. In carrying out this section, the United States 
Sentencing Commission shall ensure that there is reasonable consistency 
with other guidelines, avoid duplicative punishments for substantially 
the same offense, and take into account any mitigating circumstances 
that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN 
CASES.
    Section 3561(a)(3) of title 18, United States Code, is amended by 
inserting ``that is not a petty offense'' before the period.
SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING 
COMMISSION.
    (a) Establishment of Positions.--Section 991 (a) of title 28, 
United States Code, is amended--
        (1) in the second sentence by striking the period and inserting 
    ``and three of whom shall be designated by the President as Vice 
    Chairs.'';
        (2) in the fourth sentence by striking the period and inserting 
    ``, and of the three Vice Chairs, no more than two shall be members 
    of the same political party.''; and
        (3) in the sixth sentence by striking ``Chairman'' and 
    inserting ``Chair, Vice Chairs,''.
    (b) Terms and Compensation.--Section 992(c) of title 28, United 
States Code, is amended--
        (1) by amending the first sentence to read as follows: ``The 
    Chair and Vice Chairs of the Commission shall hold full-time 
    positions and shall be compensated during their terms of office at 
    the annual rate at which judges of the United States courts of 
    appeals are compensated.'';
        (2) in the second sentence by striking ''Chairman'' and 
    inserting ``Chair and Vice Chairs''; and
        (3) in the third sentence by striking ``Chairman'' and 
    inserting ``Chair and Vice Chairs,''.
    (c) Technical Amendments.--Chapter 58 of title 28, United States 
Code, is amended--
        (1) by striking ``Chairman'' each place it appears and 
    inserting ``Chair'';
        (2) in the fifth sentence of section 991(a) by striking ``his'' 
    and inserting ``the Attorney General's'';
        (3) in the fourth sentence of section 992(c) by striking 
    ``his'' and inserting ``the judge's'';
        (4) in section 994(i)(2) by striking ``he'' and inserting ``the 
    defendant'' and striking ``his'' and inserting ``the defendant's''; 
    and
        (5) in section 996(a) by striking ``him'' and inserting ``the 
    Staff Director''.

SEC. 280006. COCAINE PENALTY STUDY.

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

                       TITLE XXIX--COMPUTER CRIME

SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.

    (a) Short Title.--This subtitle may be cited as the ``Computer 
Abuse Amendments Act of 1994''.
    (b) Prohibition.--Section 1030(a)(5) of title 18, United States 
Code, is amended to read as follows:
        ``(5)(A) through means of a computer used in interstate 
    commerce or communications, knowingly causes the transmission of a 
    program, information, code, or command to a computer or computer 
    system if--
            ``(i) the person causing the transmission intends that such 
        transmission will--
                ``(I) damage, or cause damage to, a computer, computer 
            system, network, information, data, or program; or
                ``(II) withhold or deny, or cause the withholding or 
            denial, of the use of a computer, computer services, system 
            or network, information, data or program; and
            ``(ii) the transmission of the harmful component of the 
        program, information, code, or command--
                ``(I) occurred without the authorization of the persons 
            or entities who own or are responsible for the computer 
            system receiving the program, information, code, or 
            command; and
                ``(II)(aa) causes loss or damage to one or more other 
            persons of value aggregating $1,000 or more during any 1-
            year period; or
                ``(bb) modifies or impairs, or potentially modifies or 
            impairs, the medical examination, medical diagnosis, 
            medical treatment, or medical care of one or more 
            individuals; or
        ``(B) through means of a computer used in interstate commerce 
    or communication, knowingly causes the transmission of a program, 
    information, code, or command to a computer or computer system--
            ``(i) with reckless disregard of a substantial and 
        unjustifiable risk that the transmission will--
                ``(I) damage, or cause damage to, a computer, computer 
            system, network, information, data or program; or
                ``(II) withhold or deny or cause the withholding or 
            denial of the use of a computer, computer services, system, 
            network, information, data or program; and
            ``(ii) if the transmission of the harmful component of the 
        program, information, code, or command--
                ``(I) occurred without the authorization of the persons 
            or entities who own or are responsible for the computer 
            system receiving the program, information, code, or 
            command; and
                ``(II)(aa) causes loss or damage to one or more other 
            persons of a value aggregating $1,000 or more during any 1-
            year period; or
                ``(bb) modifies or impairs, or potentially modifies or 
            impairs, the medical examination, medical diagnosis, 
            medical treatment, or medical care of one or more 
            individuals;''.
    (c) Penalty.--Section 1030(c) of title 18, United States Code, is 
amended--
        (1) in paragraph (2)(B) by striking ``and'' after the 
    semicolon;
        (2) in paragraph (3)(A) by inserting ``(A)'' after ``(a)(5)'';
        (3) in paragraph (3)(B) by striking the period at the end 
    thereof and inserting ``; and''; and
        (4) by adding at the end the following new paragraph:
        ``(4) a fine under this title or imprisonment for not more than 
    1 year, or both, in the case of an offense under subsection 
    (a)(5)(B).''.
    (d) Civil Action.--Section 1030 of title 18, United States Code, is 
amended by adding at the end thereof the following new subsection:
    ``(g) Any person who suffers damage or loss by reason of a 
violation of the section, other than a violation of subsection 
(a)(5)(B), may maintain a civil action against the violator to obtain 
compensatory damages and injunctive relief or other equitable relief. 
Damages for violations of any subsection other than subsection 
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic 
damages. No action may be brought under this subsection unless such 
action is begun within 2 years of the date of the act complained of or 
the date of the discovery of the damage.''.
    (e) Reporting Requirements.--Section 1030 of title 18, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(h) The Attorney General and the Secretary of the Treasury shall 
report to the Congress annually, during the first 3 years following the 
date of the enactment of this subsection, concerning investigations and 
prosecutions under section 1030(a)(5) of title 18, United States 
Code.''.
    (f) Prohibition.--Section 1030(a)(3) of title 18, United States 
Code, is amended by inserting ``adversely'' before ``affects the use of 
the Government's operation of such computer''.

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

SEC. 300001. SHORT TITLE.

    This title may be cited as the ``Driver's Privacy Protection Act of 
1994''.
SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL 
INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 121 the following new chapter:

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

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

    ``(a) In General.--Except as provided in subsection (b), a State 
department of motor vehicles, and any officer, employee, or contractor, 
thereof, shall not knowingly disclose or otherwise make available to 
any person or entity personal information about any individual obtained 
by the department in connection with a motor vehicle record.
    ``(b) Permissible Uses.--Personal information referred to in 
subsection (a) shall be disclosed for use in connection with matters of 
motor vehicle or driver safety and theft, motor vehicle emissions, 
motor vehicle product alterations, recalls, or advisories, performance 
monitoring of motor vehicles and dealers by motor vehicle 
manufacturers, and removal of non-owner records from the original owner 
records of motor vehicle manufacturers to carry out the purposes of the 
Automobile Information Disclosure Act, the Motor Vehicle Information 
and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act 
of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act, and may 
be disclosed as follows:
        ``(1) For use by any government agency, including any court or 
    law enforcement agency, in carrying out its functions, or any 
    private person or entity acting on behalf of a Federal, State, or 
    local agency in carrying out its functions.
        ``(2) For use in connection with matters of motor vehicle or 
    driver safety and theft; motor vehicle emissions; motor vehicle 
    product alterations, recalls, or advisories; performance monitoring 
    of motor vehicles, motor vehicle parts and dealers; motor vehicle 
    market research activities, including survey research; and removal 
    of non-owner records from the original owner records of motor 
    vehicle manufacturers.
        ``(3) For use in the normal course of business by a legitimate 
    business or its agents, employees, or contractors, but only--
            ``(A) to verify the accuracy of personal information 
        submitted by the individual to the business or its agents, 
        employees, or contractors; and
            ``(B) if such information as so submitted is not correct or 
        is no longer correct, to obtain the correct information, but 
        only for the purposes of preventing fraud by, pursuing legal 
        remedies against, or recovering on a debt or security interest 
        against, the individual.
        ``(4) For use in connection with any civil, criminal, 
    administrative, or arbitral proceeding in any Federal, State, or 
    local court or agency or before any self-regulatory body, including 
    the service of process, investigation in anticipation of 
    litigation, and the execution or enforcement of judgments and 
    orders, or pursuant to an order of a Federal, State, or local 
    court.
        ``(5) For use in research activities, and for use in producing 
    statistical reports, so long as the personal information is not 
    published, redisclosed, or used to contact individuals.
        ``(6) For use by any insurer or insurance support organization, 
    or by a self-insured entity, or its agents, employees, or 
    contractors, in connection with claims investigation activities, 
    antifraud activities, rating or underwriting.
        ``(7) For use in providing notice to the owners of towed or 
    impounded vehicles.
        ``(8) For use by any licensed private investigative agency or 
    licensed security service for any purpose permitted under this 
    subsection.
        ``(9) For use by an employer or its agent or insurer to obtain 
    or verify information relating to a holder of a commercial driver's 
    license that is required under the Commercial Motor Vehicle Safety 
    Act of 1986 (49 U.S.C. App. 2710 et seq.).
        ``(10) For use in connection with the operation of private toll 
    transportation facilities.
        ``(11) For any other use in response to requests for individual 
    motor vehicle records if the motor vehicle department has provided 
    in a clear and conspicuous manner on forms for issuance or renewal 
    of operator's permits, titles, registrations, or identification 
    cards, notice that personal information collected by the department 
    may be disclosed to any business or person, and has provided in a 
    clear and conspicuous manner on such forms an opportunity to 
    prohibit such disclosures.
        ``(12) For bulk distribution for surveys, marketing or 
    solicitations if the motor vehicle department has implemented 
    methods and procedures to ensure that--
            ``(A) individuals are provided an opportunity, in a clear 
        and conspicuous manner, to prohibit such uses; and
            ``(B) the information will be used, rented, or sold solely 
        for bulk distribution for surveys, marketing, and 
        solicitations, and that surveys, marketing, and solicitations 
        will not be directed at those individuals who have requested in 
        a timely fashion that they not be directed at them.
        ``(13) For use by any requester, if the requester demonstrates 
    it has obtained the written consent of the individual to whom the 
    information pertains.
        ``(14) For any other use specifically authorized under the law 
    of the State that holds the record, if such use is related to the 
    operation of a motor vehicle or public safety.
    ``(c) Resale or Redisclosure.--An authorized recipient of personal 
information (except a recipient under subsection (b)(11) or (12)) may 
resell or redisclose the information only for a use permitted under 
subsection (b) (but not for uses under subsection (b) (11) or (12)). An 
authorized recipient under subsection (b)(11) may resell or redisclose 
personal information for any purpose. An authorized recipient under 
subsection (b)(12) may resell or redisclose personal information 
pursuant to subsection (b)(12). Any authorized recipient (except a 
recipient under subsection (b)(11)) that resells or rediscloses 
personal information covered by this title must keep for a period of 5 
years records identifying each person or entity that receives 
information and the permitted purpose for which the information will be 
used and must make such records available to the motor vehicle 
department upon request.
    ``(d) Waiver Procedures.--A State motor vehicle department may 
establish and carry out procedures under which the department or its 
agents, upon receiving a request for personal information that does not 
fall within one of the exceptions in subsection (b), may mail a copy of 
the request to the individual about whom the information was requested, 
informing such individual of the request, together with a statement to 
the effect that the information will not be released unless the 
individual waives such individual's right to privacy under this 
section.

``Sec. 2722. Additional unlawful acts

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

``Sec. 2723. Penalties

    ``(a) Criminal Fine.--A person who knowingly violates this chapter 
shall be fined under this title.
    ``(b) Violations by State Department of Motor Vehicles.--Any State 
department of motor vehicles that has a policy or practice of 
substantial noncompliance with this chapter shall be subject to a civil 
penalty imposed by the Attorney General of not more than $5,000 a day 
for each day of substantial noncompliance.

``Sec. 2724. Civil action

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

``Sec. 2725. Definitions

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

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

SEC. 300003. EFFECTIVE DATE.

    The amendments made by section 300002 shall become effective on the 
date that is 3 years after the date of enactment of this Act. After the 
effective date, if a State has implemented a procedure under section 
2721(b) (11) and (12) of title 18, United States Code, as added by 
section 2902, for prohibiting disclosures or uses of personal 
information, and the procedure otherwise meets the requirements of 
subsection (b) (11) and (12), the State shall be in compliance with 
subsection (b) (11) and (12) even if the procedure is not available to 
individuals until they renew their license, title, registration or 
identification card, so long as the State provides some other procedure 
for individuals to contact the State on their own initiative to 
prohibit such uses or disclosures. Prior to the effective date, 
personal information covered by the amendment made by section 300002 
may be released consistent with State law or practice.

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) Violent Crime Reduction Trust Fund.--There is established a 
separate account in the Treasury, known as the ``Violent Crime 
Reduction Trust Fund'' (referred to in this section as the ``Fund'') 
into which shall be transferred, in accordance with subsection (b), 
savings realized from implementation of section 5 of the Federal 
Workforce Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 
103-226).
    (b) Transfers Into the Fund.--On the first day of the following 
fiscal years (or as soon thereafter as possible for fiscal year 1995), 
the following amounts shall be transferred from the general fund to the 
Fund--
        (1) for fiscal year 1995, $2,423,000,000;
        (2) for fiscal year 1996, $4,287,000,000;
        (3) for fiscal year 1997, $5,000,000,000;
        (4) for fiscal year 1998, $5,500,000,000;
        (5) for fiscal year 1999, $6,500,000,000; and
        (6) for fiscal year 2000, $6,500,000,000.
    (c) Appropriations From the Fund.--(1) Amounts in the Fund may be 
appropriated exclusively for the purposes authorized in this Act and 
for those expenses authorized by any Act enacted before this Act that 
are expressly qualified for expenditure from the Fund.
    (2) Amounts appropriated under paragraph (1) and outlays flowing 
from such appropriations shall not be taken into account for purposes 
of any budget enforcement procedures under the Balanced Budget and 
Emergency Deficit Control Act of 1985 except section 251A of that Act 
as added by subsection (g), or for purposes of section 605(b) of the 
Congressional Budget Act of 1974. Amounts of new budget authority and 
outlays under paragraph (1) that are included in concurrent resolutions 
on the budget shall not be taken into account for purposes of sections 
601(b), 606(b), and 606(c) of the Congressional Budget Act of 1974, or 
for purposes of section 24 of House Concurrent Resolution 218 (One 
Hundred Third Congress).
    (d) Listing of the Fund Among Government Trust Funds.--Section 
1321(a) of title 31, United States Code, is amended by inserting at the 
end the following new paragraph:
        ``(91) Violent Crime Reduction Trust Fund.''.
    (e) Requirement for the President To Report Annually on the Status 
of the Trust Fund.--Section 1105(a) of title 31, United States Code, is 
amended by adding at the end the following new paragraphs:
        ``(30) information about the Violent Crime Reduction Trust 
    Fund, including a separate statement of amounts in that Trust Fund.
        ``(31) an analysis displaying, by agency, proposed reductions 
    in full-time equivalent positions compared to the current year's 
    level in order to comply with section 5 of the Federal Workforce 
    Restructuring Act of 1994.''.
    (f) Allocation and Suballocation of Amounts in the Fund.--
        (1) In general.--Section 602(a) of the Congressional Budget Act 
    of 1974 is amended--
            (A) in paragraph (1)(A) by striking ``and'' at the end of 
        clause (ii), by striking the semicolon and inserting a comma at 
        the end of clause (iii), and by adding after clause (iii) the 
        following:
                ``(iv) new budget authority from the Violent Crime 
            Reduction Trust Fund, and
                ``(v) outlays from the Violent Crime Reduction Trust 
            Fund;'';
            (B) in paragraph (2) by striking ``and'' at the end of 
        subparagraph (B) and by adding after subparagraph (C) the 
        following:
            ``(D) new budget authority from the Violent Crime Reduction 
        Trust Fund; and
            ``(E) outlays from the Violent Crime Reduction Trust 
        Fund;''; and
            (C) by adding at the end the following new paragraph:
        ``(4) No double counting.--Amounts allocated among committees 
    under clause (iv) or (v) of paragraph (1)(A) or under subparagraph 
    (D) or (E) of paragraph (2) shall not be included within any other 
    allocation under that paragraph.''.
        (2) Fiscal year 1995.--The chairman of the Committee on the 
    Budget shall submit to the House of Representatives or the Senate, 
    as the case may be, appropriately revised allocations under clauses 
    (iv) and (v) of paragraph (1)(A) or subparagraphs (D) and (E) of 
    paragraph (2) of section 602(a) of the Congressional Budget Act of 
    1974 for fiscal year 1995 to carry out subsection (b)(1).
    (g) Violent Crime Reduction Trust Fund Sequestration.--
        (1) Sequestration.--Part C of the Balanced Budget and Emergency 
    Deficit Control Act of 1985 is amended by adding after section 251 
    the following new section:
``SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION 
TRUST FUND.
    ``(a) Sequestration.--Within 15 days after Congress adjourns to end 
a session, there shall be a sequestration to eliminate any budgetary 
excess in the Violent Crime Reduction Trust Fund as described in 
subsection (b).
    ``(b) Eliminating a Budgetary Excess.--
        ``(1) In general.--Except as provided by paragraph (2), 
    appropriations from the Violent Crime Reduction Trust Fund shall be 
    reduced by a uniform percentage necessary to eliminate any amount 
    by which estimated outlays in the budget year from the Fund exceed 
    the following levels of outlays:
            ``(A) For fiscal year 1995, $703,000,000.
            ``(B) For fiscal year 1996, $2,334,000,000.
            ``(C) For fiscal year 1997, $3,936,000,000.
            ``(D) For fiscal year 1998, $4,904,000,000.

    For fiscal year 1999, the comparable level for budgetary purposes 
    shall be deemed to be $5,639,000,000. For fiscal year 2000, the 
    comparable level for budgetary purposes shall be deemed to be 
    $6,225,000,000.
        ``(2) Special outlay allowance.--If estimated outlays from the 
    Fund for a fiscal year exceed the level specified in paragraph (1) 
    for that year, that level shall be increased by the lesser of that 
    excess or 0.5 percent of that level.
    ``(c) Look-Back.--If, after June 30, an appropriation for the 
fiscal year in progress is enacted that causes a budgetary excess in 
the Violent Crime Reduction Trust Fund as described in subsection (b) 
for that year (after taking into account any sequestration of amounts 
under this section), the level set forth in subsection (b) for the next 
fiscal year shall be reduced by the amount of that excess.
    ``(d) Within-Session Sequestration.--If an appropriation for a 
fiscal year in progress is enacted (after Congress adjourns to end the 
session for the budget year and before July 1 of that fiscal year) that 
causes a budgetary excess in the Violent Crime Reduction Trust Fund as 
described in subsection (b) for that year (after taking into account 
any prior sequestration of amounts under this section), 15 days later 
there shall be a sequestration to eliminate that excess following the 
procedures set forth in subsection (b).
    ``(e) Part-Year Appropriations and OMB Estimates.--Paragraphs (4) 
and (7) of section 251(a) shall apply to appropriations from, and 
sequestration of amounts appropriated from, the Violent Crime Reduction 
Trust Fund under this section in the same manner as those paragraphs 
apply to discretionary appropriations and sequestrations under that 
section.''.
        (2) Reports.--Section 254(g) of the Balanced Budget and 
    Emergency Deficit Control Act of 1985 is amended by redesignating 
    paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and 
    by inserting after paragraph (3) the following new paragraph:
        ``(4) Reports on sequestration to reduce the violent crime 
    reduction trust fund.--The final reports shall set forth for the 
    budget year estimates for each of the following:
            ``(A) The amount of budget authority appropriated from the 
        Violent Crime Reduction Trust Fund and outlays resulting from 
        those appropriations.
            ``(B) The sequestration percentage and reductions, if any, 
        required under section 251A.''.
SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.
    Upon enactment of this Act, the discretionary spending limits set 
forth in section 601(a)(2) of the Congressional Budget Act of 1974 (2 
U.S.C. 665(a)(2)) (as adjusted in conformance with section 251 of the 
Balanced Budget and Emergency Deficit Control Act of 1985, and in the 
Senate, with section 24 of House Concurrent Resolution 218 (103d 
Congress)) for fiscal years 1995 through 1998 are reduced as follows:
        (1) for fiscal year 1995, for the discretionary category: 
    $2,423,000,000 in new budget authority and $703,000,000 in outlays;
        (2) for fiscal year 1996, for the discretionary category: 
    $4,287,000,000 in new budget authority and $2,334,000,000 in 
    outlays;
        (3) for fiscal year 1997, for the discretionary category: 
    $5,000,000,000 in new budget authority and $3,936,000,000 in 
    outlays; and
        (4) for fiscal year 1998, for the discretionary category: 
    $5,500,000,000 in new budget authority and $4,904,000,000 in 
    outlays.
For fiscal year 1999, the comparable amount for budgetary purposes 
shall be deemed to be $6,500,000,000 in new budget authority and 
$5,639,000,000 in outlays. For fiscal year 2000, the comparable amount 
for budgetary purposes shall be deemed to be $6,500,000,000 in new 
budget authority and $6,225,000,000 in outlays.
SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL 
YEARS FOR WHICH THE FULL AMOUNT AUTHORIZED IS NOT APPROPRIATED.
    If, in making an appropriation under any provision of this Act or 
amendment made by this Act that authorizes the making of an 
appropriation for a certain purpose for a certain fiscal year in a 
certain amount, the Congress makes an appropriation for that purpose 
for that fiscal year in a lesser amount, that provision or amendment 
shall be considered to authorize the making of appropriations for that 
purpose for later fiscal years in an amount equal to the difference 
between the amount authorized to be appropriated and the amount that 
has been appropriated.

SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

    (a) Federal Law Enforcement.--In the making of appropriations under 
any provision of this Act or amendment made by this Act that authorizes 
the making of an appropriation for a Federal law enforcement program 
for a certain fiscal year in a certain amount out of the Violent Crime 
Reduction Trust Fund, not to exceed 10 percent of that amount is 
authorized to be appropriated for that fiscal year for any other 
Federal law enforcement program for which appropriations are authorized 
by any other Federal law enforcement provision of this Act or amendment 
made by this Act. The aggregate reduction in the authorization for any 
particular Federal law enforcement program may not exceed 10 percent of 
the total amount authorized to be appropriated from the Violent Crime 
Reduction Trust Fund for that program in this Act or amendment made by 
this Act.
    (b) State and Local Law Enforcement.--In the making of 
appropriations under any provision of this Act or amendment made by 
this Act that authorizes the making of an appropriation for a State and 
local law enforcement program for a certain fiscal year in a certain 
amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 
percent of that amount is authorized to be appropriated for that fiscal 
year for any other State and local law enforcement program for which 
appropriations are authorized by any other State and local law 
enforcement provision of this Act or amendment made by this Act. The 
aggregate reduction in the authorization for any particular State and 
local law enforcement program may not exceed 10 percent of the total 
amount authorized to be appropriated from the Violent Crime Reduction 
Trust Fund for that program in this Act or amendment made by this Act.
    (c) Prevention.--In the making of appropriations under any 
provision of this Act or amendment made by this Act that authorizes the 
making of an appropriation for a prevention program for a certain 
fiscal year in a certain amount out of the Violent Crime Reduction 
Trust Fund, not to exceed 10 percent of that amount is authorized to be 
appropriated for that fiscal year for any other prevention program for 
which appropriations are authorized by any other prevention provision 
of this Act or amendment made by this Act. The aggregate reduction in 
the authorization for any particular prevention program may not exceed 
10 percent of the total amount authorized to be appropriated from the 
Violent Crime Reduction Trust Fund for that program in this Act or 
amendment made by this Act.
    (d) Definitions.--In this section--``Federal law enforcement 
program'' means a program authorized in any of the following sections:
        (1) section 190001(a);
        (2) section 190001(b);
        (3) section 190001(c);
        (4) section 190001(d);
        (5) section 190001(e);
        (6) section 320925;
        (7) section 150008;
        (8) section 220002;
        (9) section 130002;
        (10) section 130005;
        (11) section 130006;
        (12) section 130007;
        (13) section 250005;
        (14) sections 210303-210306;
        (15) section 180104; and
        (16) section 270009.
    ``State and local law enforcement program'' means a program 
authorized in any of the following sections:
        (1) sections 10001-10003;
        (2) section 210201;
        (3) section 210603;
        (4) section 180101;
        (5) section 180103;
        (6) sections 31701-31708;
        (7) section 210602;
        (8) sections 30801-30802;
        (9) section 210302;
        (10) section 210501;
        (11) section 210101;
        (12) section 320930;
        (13) sections 20101-20109;
        (14) section 20301;
        (15) section 32201; and
        (16) section 20201.
    ``prevention program'' means a program authorized in any of the 
following sections:
        (1) section 50001;
        (2) sections 30101-30104;
        (3) sections 30201-30208;
        (4) sections 30301-30307;
        (5) sections 30401-30403;
        (6) sections 30701-30702;
        (7) sections 31001-31002;
        (8) sections 31101-31133;
        (9) sections 31501-31505;
        (10) sections 31901-31922;
        (11) section 32001;
        (12) section 32101;
        (13) section 32401;
        (14) section 40114;
        (15) section 40121;
        (16) section 40151;
        (17) section 40152;
        (18) section 40155;
        (19) section 40156;
        (20) section 40211;
        (21) section 40231;
        (22) section 40241;
        (23) section 40251;
        (24) section 40261;
        (25) section 40292;
        (26) section 40293;
        (27) section 40295;
        (28) sections 40411-40414;
        (29) sections 40421-40422;
        (30) section 40506;
        (31) sections 40601-40611; and
        (32) section 24001.

                       TITLE XXXII--MISCELLANEOUS
                   Subtitle A--Increases in Penalties

SEC. 320101. INCREASED PENALTIES FOR ASSAULT.

    (a) Certain Officers and Employees.--Section 111 of title 18, 
United States Code, is amended--
        (1) in subsection (a) by inserting ``, where the acts in 
    violation of this section constitute only simple assault, be fined 
    under this title or imprisoned not more than one year, or both, and 
    in all other cases,'' after ``shall''; and
        (2) in subsection (b) by inserting ``or inflicts bodily 
    injury'' after ``weapon''.
    (b) Foreign Officials, Official Guests, and Internationally 
Protected Persons.--Section 112(a) of title 18, United States Code, is 
amended--
        (1) by striking ``not more than $5,000'' and inserting ``under 
    this title'';
        (2) by inserting ``, or inflicts bodily injury,'' after 
    ``weapon''; and
        (3) by striking ``not more than $10,000'' and inserting ``under 
    this title''.
    (c) Maritime and Territorial Jurisdiction.--Section 113 of title 
18, United States Code, is amended--
        (1) in subsection (c)--
            (A) by striking ``of not more than $1,000'' and inserting 
        ``under this title''; and
            (B) by striking ``five'' and inserting ``ten''; and
        (2) in subsection (e)--
            (A) by striking ``of not more than $300'' and inserting 
        ``under this title''; and
            (B) by striking ``three'' and inserting ``six''.
    (d) Congress, Cabinet, or Supreme Court.--Section 351(e) of title 
18, United States Code, is amended--
        (1) by striking ``not more than $5,000,'' and inserting ``under 
    this title,'';
        (2) by inserting ``the assault involved in the use of a 
    dangerous weapon, or'' after ``if'';
        (3) by striking ``not more than $10,000'' and inserting ``under 
    this title''; and
        (4) by striking ``for''.
    (e) President and President's Staff.--Section 1751(e) of title 18, 
United States Code, is amended--
        (1) by striking ``not more than $10,000,'' both places it 
    appears and inserting ``under this title,'';
        (2) by striking ``not more than $5,000,'' and inserting ``under 
    this title,''; and
        (3) by inserting ``the assault involved the use of a dangerous 
    weapon, or'' after ``if''.

SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.

    Section 1112 of title 18, United States Code, is amended--
        (1) in subsection (b)--
            (A) by inserting ``fined under this title or'' after 
        ``shall be'' in the first undesignated paragraph; and
            (B) by inserting ``, or both'' after ``years'';
        (2) by striking ``not more than $1,000'' and inserting ``under 
    this title''; and
        (3) by striking ``three'' and inserting ``six''.

SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended--
        (1) by striking ``not more than $10,000'' and inserting ``under 
    this title'';
        (2) by inserting ``from the acts committed in violation of this 
    section or if such acts include kidnapping or an attempt to kidnap, 
    aggravated sexual abuse or an attempt to commit aggravated sexual 
    abuse, or an attempt to kill'' after ``results'';
        (3) by striking ``subject to imprisonment'' and inserting 
    ``fined under this title or imprisoned''; and
        (4) by inserting ``, or both'' after ``life''.
    (b) Deprivation of Rights.--Section 242 of title 18, United States 
Code, is amended--
        (1) by striking ``not more than $1,000'' and inserting ``under 
    this title'';
        (2) by inserting ``from the acts committed in violation of this 
    section or if such acts include the use, attempted use, or 
    threatened use of a dangerous weapon, explosives, or fire,'' after 
    ``bodily injury results'';
        (3) by inserting ``from the acts committed in violation of this 
    section or if such acts include kidnapping or an attempt to kidnap, 
    aggravated sexual abuse, or an attempt to commit aggravated sexual 
    abuse, or an attempt to kill, shall be fined under this title, or'' 
    after ``death results'';
        (4) by striking ``shall be subject to imprisonment'' and 
    inserting ``imprisoned''; and
        (5) by inserting ``, or both'' after ``life''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended in the matter following paragraph (5)--
        (1) by striking ``not more than $1,000'' and inserting ``under 
    this title'';
        (2) by inserting ``from the acts committed in violation of this 
    section or if such acts include the use, attempted use, or 
    threatened use of a dangerous weapon, explosives, or fire'' after 
    ``bodily injury results;
        (3) by striking ``not more than $10,000'' and inserting ``under 
    this title'';
        (4) by inserting ``from the acts committed in violation of this 
    section or if such acts include kidnapping or an attempt to kidnap, 
    aggravated sexual abuse or an attempt to commit aggravated sexual 
    abuse, or an attempt to kill,'' after ``death results'';
        (5) by striking ``subject to imprisonment'' and inserting 
    ``fined under this title or imprisoned''; and
        (6) by inserting ``, or both'' after ``life''.
    (d) Damage to Religious Property.--Section 247 of title 18, United 
States Code, is amended--
        (1) in subsection (c)(1) by inserting ``from acts committed in 
    violation of this section or if such acts include kidnapping or an 
    attempt to kidnap, aggravated sexual abuse or an attempt to commit 
    aggravated sexual abuse, or an attempt to kill'' after ``death 
    results'';
        (2) in subsection (c)(2)--
            (A) by striking ``serious''; and
            (B) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire'' 
        after ``bodily injury results''; and
        (3) by amending subsection (e) to read as follows:
    ``(e) As used in this section, the term `religious property' means 
any church, synagogue, mosque, religious cemetery, or other religious 
property.''.
    (e) Fair Housing Act.--Section 901 of the Fair Housing Act (42 
U.S.C. 3631) is amended--
        (1) in the caption by striking ``bodily injury; death;'';
        (2) by striking ``not more than $1,000,'' and inserting ``under 
    this title'';
        (3) by inserting ``from the acts committed in violation of this 
    section or if such acts include the use, attempted use, or 
    threatened use of a dangerous weapon, explosives, or fire'' after 
    ``bodily injury results'';
        (4) by striking ``not more than $10,000,'' and inserting 
    ``under this title'';
        (5) by inserting ``from the acts committed in violation of this 
    section or if such acts include kidnapping or an attempt to kidnap, 
    aggravated sexual abuse or an attempt to commit aggravated sexual 
    abuse, or an attempt to kill,'' after ``death results'';
        (6) by striking ``subject to imprisonment'' and inserting 
    ``fined under this title or imprisoned''; and
        (7) by inserting ``, or both'' after ``life''.
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND 
SERVICES.
    (a) In General.--Section 2320(a) of title 18, United States Code, 
is amended--
        (1) in the first sentence--
            (A) by striking ``$250,000 or imprisoned not more than five 
        years'' and inserting ``$2,000,000 or imprisoned not more than 
        10 years''; and
            (B) by striking ``$1,000,000'' and inserting 
        ``$5,000,000''; and
        (2) in the second sentence--
            (A) by striking ``$1,000,000 or imprisoned not more than 
        fifteen years'' and inserting ``$5,000,000 or imprisoned not 
        more than 20 years''; and
            (B) by striking ``$5,000,000'' and inserting 
        ``$15,000,000''.
    (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking ``or section 2319 
(relating to copyright infringement),'' and inserting ``section 2319 
(relating to copyright infringement), or section 2320 (relating to 
trafficking in counterfeit goods and services),''.
SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR 
HIRE.
    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or who conspires to do so'' before ``shall be fined'' the 
first place it appears.

SEC. 320106. INCREASED PENALTIES FOR ARSON.

    Section 844 of title 18, United States Code, is amended--
        (1) in subsection (f)--
            (A) by striking ``not more than ten years, or fined not 
        more than $10,000'' and inserting ``not more than 20 years, 
        fined the greater of the fine under this title or the cost of 
        repairing or replacing any property that is damaged or 
        destroyed,''; and
            (B) by striking ``not more than twenty years, or fined not 
        more than $10,000'' and inserting ``not more than 40 years, 
        fined the greater of the fine under this title or the cost of 
        repairing or replacing any property that is damaged or 
        destroyed,'';
        (2) in subsection (h)--
            (A) in the first sentence by striking ``five years'' and 
        inserting ``5 years but not more than 15 years''; and
            (B) in the second sentence by striking ``ten years'' and 
        inserting ``10 years but not more than 25 years''; and
        (3) in subsection (i)--
            (A) by striking ``not more than ten years or fined not more 
        than $10,000'' and inserting ``not more than 20 years, fined 
        the greater of the fine under this title or the cost of 
        repairing or replacing any property that is damaged or 
        destroyed,''; and
            (B) by striking ``not more than twenty years or fined not 
        more than $20,000'' and inserting ``not more than 40 years, 
        fined the greater of the fine under this title or the cost of 
        repairing or replacing any property that is damaged or 
        destroyed,''.
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC 
HOUSING.
    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
        (1) in subsection (a) by striking ``playground, or within'' and 
    inserting ``playground, or housing facility owned by a public 
    housing authority, or within''; and
        (2) in subsection (b) by striking ``playground, or within'' and 
    inserting ``playground, or housing facility owned by a public 
    housing authority, or within''.
SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO THE 
INTRODUCTION OF NONINDIGENOUS SPECIES.
    (a) Task Force.--
        (1) In general.--The Attorney General is authorized to convene 
    a law enforcement task force in Hawaii to facilitate the 
    prosecution of violations of Federal laws, and laws of the State of 
    Hawaii, relating to the wrongful conveyance, sale, or introduction 
    of nonindigenous plant and animal species.
        (2) Membership.--(A) The task force shall be composed of 
    representatives of--
            (i) the Office of the United States Attorney for the 
        District of Hawaii;
            (ii) the United States Customs Service;
            (iii) the Animal and Plant Health Inspection Service;
            (iv) the Fish and Wildlife Service;
            (v) the National Park Service;
            (vi) the United States Forest Service;
            (vii) the Military Customs Inspection Office of the 
        Department of Defense;
            (viii) the United States Postal Service;
            (ix) the office of the Attorney General of the State of 
        Hawaii;
            (x) the Hawaii Department of Agriculture;
            (xi) the Hawaii Department of Land and Natural Resources; 
        and
            (xii) such other individuals as the Attorney General deems 
        appropriate.
        (B) The Attorney General shall, to the extent practicable, 
    select individuals to serve on the task force who have experience 
    with the enforcement of laws relating to the wrongful conveyance, 
    sale, or introduction of nonindigenous plant and animal species.
        (3) Duties.--The task force shall--
            (A) facilitate the prosecution of violations of Federal and 
        State laws relating to the conveyance, sale, or introduction of 
        nonindigenous plant and animal species into Hawaii; and
            (B) make recommendations on ways to strengthen Federal and 
        State laws and law enforcement strategies designed to prevent 
        the introduction of nonindigenous plant and animal species.
        (4) Report.--The task force shall report to the Attorney 
    General, the Secretary of Agriculture, the Secretary of the 
    Interior, and to the Committee on the Judiciary and Committee on 
    Agriculture, Nutrition, and Forestry of the Senate and the 
    Committee on the Judiciary, Committee on Agriculture, and Committee 
    on Merchant Marine and Fisheries of the House of Representatives 
    on--
            (A) the progress of its enforcement efforts; and
            (B) the adequacy of existing Federal laws and laws of the 
        State of Hawaii that relate to the introduction of 
        nonindigenous plant and animal species.
    Thereafter, the task force shall make such reports as the task 
    force deems appropriate.
        (5) Consultation.--The task force shall consult with Hawaii 
    agricultural interests and representatives of Hawaii conservation 
    organizations about methods of preventing the wrongful conveyance, 
    sale, or introduction of nonindigenous plant and animal species 
    into Hawaii.
    (b) Criminal Penalty.--
        (1) In general.--Chapter 83 of title 18, United States Code, is 
    amended by inserting after section 1716C the following new section:

``Sec. 1716D. Nonmailable injurious animals, plant pests, plants, and 
            illegally taken fish, wildlife, and plants

    ``A person who knowingly deposits for mailing or delivery, or 
knowingly causes to be delivered by mail, according to the direction 
thereon, or at any place at which it is directed to be delivered by the 
person to whom it is addressed, anything that section 3015 of title 39 
declares to be nonmailable matter shall be fined under this title, 
imprisoned not more than 1 year, or both.''.
        (2) Technical amendment.--The chapter analysis for chapter 83 
    of title 18, United States Code, is amended by inserting after the 
    item relating to section 1716C the following new item:

``1716D. Nonmailable injurious animals, plant pests, plants, and 
          illegally taken fish, wildlife, and plants.''.

SEC. 320109. MILITARY MEDALS AND DECORATIONS.

    Section 704 of title 18, United States Code, is amended--
        (1) by striking ``Whoever'' and inserting (a) In General.--
    Whoever'';
        (2) by striking ``not more than $250'' and inserting ``under 
    this title''; and
        (3) by adding at the end the following new subsection:
    ``(b) Congressional Medal of Honor.--
        ``(1) In general.--If a decoration or medal involved in an 
    offense under subsection (a) is a Congressional Medal of Honor, in 
    lieu of the punishment provided in that subsection, the offender 
    shall be fined under this title, imprisoned not more than 1 year, 
    or both.
        ``(2) Definitions.--(A) As used in subsection (a) with respect 
    to a Congressional Medal of Honor, `sells' includes trades, 
    barters, or exchanges for anything of value.
        ``(B) As used in this subsection, `Congressional Medal of 
    Honor' means a medal awarded under section 3741 of title 10.''.

      Subtitle B--Extension of Protection of Civil Rights Statutes

SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking ``inhabitant of'' and inserting 
``person in''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended--
        (1) by striking ``inhabitant of'' and inserting ``person in''; 
    and
        (2) by striking ``such inhabitant'' and inserting ``such 
    person''.

                      Subtitle C--Audit and Report

SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT 
AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.
    (a) State Requirement.--Section 524(c)(7) of title 28, United 
States Code, is amended to read as follows:
        ``(7)(A) The Fund shall be subject to annual audit by the 
    Comptroller General.
        ``(B) The Attorney General shall require that any State or 
    local law enforcement agency receiving funds conduct an annual 
    audit detailing the uses and expenses to which the funds were 
    dedicated and the amount used for each use or expense and report 
    the results of the audit to the Attorney General.''.
    (b) Inclusion in Attorney General's Report.--Section 524(c)(6)(C) 
of title 28, United States Code, is amended by adding at the end the 
following flush sentence: ``The report should also contain all annual 
audit reports from State and local law enforcement agencies required to 
be reported to the Attorney General under subparagraph (B) of paragraph 
(7).''.
SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING 
EXPENSES.
    Section 524(c)(6) of title 28, United States Code, is amended--
        (1) by striking ``and'' at the end of subparagraph (B);
        (2) by striking the period at the end of subparagraph (C) and 
    inserting ``; and''; and
        (3) by adding at the end the following new subparagraph:
        ``(D) a report for such fiscal year containing a description of 
    the administrative and contracting expenses paid from the Fund 
    under paragraph (1)(A).''.

                        Subtitle D--Coordination

SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION 
PROGRAMS.
    The Attorney General shall consult with the Secretary of the 
Department of Health and Human Services in establishing and carrying 
out the substance abuse treatment and prevention components of the 
programs authorized under this Act, to assure coordination of programs, 
eliminate duplication of efforts and enhance the effectiveness of such 
services.

                          Subtitle E--Gambling

SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION 
AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
    The paragraph of section 1081 of title 18, United States Code, 
defining the term ``gambling ship'' is amended by adding at the end the 
following: ``Such term does not include a vessel with respect to 
gambling aboard such vessel beyond the territorial waters of the United 
States during a covered voyage (as defined in section 4472 of the 
Internal Revenue Code of 1986 as in effect on January 1, 1994).''.

               Subtitle F--White Collar Crime Amendments

SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.
    (a) Proceeds of Extortion.--Chapter 41 of title 18, United States 
Code, is amended--
        (1) by adding at the end the following new section:

``Sec. 880. Receiving the proceeds of extortion

    ``A person who receives, possesses, conceals, or disposes of any 
money or other property which was obtained from the commission of any 
offense under this chapter that is punishable by imprisonment for more 
than 1 year, knowing the same to have been unlawfully obtained, shall 
be imprisoned not more than 3 years, fined under this title, or 
both.''; and
        (2) in the table of sections, by adding at the end the 
    following new item:

``880. Receiving the proceeds of extortion.''.

    (b) Ransom Money.--Section 1202 of title 18, United States Code, is 
amended--
        (1) by designating the existing matter as subsection ``(a)''; 
    and
        (2) by adding the following new subsections:
    ``(b) A person who transports, transmits, or transfers in 
interstate or foreign commerce any proceeds of a kidnapping punishable 
under State law by imprisonment for more than 1 year, or receives, 
possesses, conceals, or disposes of any such proceeds after they have 
crossed a State or United States boundary, knowing the proceeds to have 
been unlawfully obtained, shall be imprisoned not more than 10 years, 
fined under this title, or both.
    ``(c) For purposes of this section, the term `State' has the 
meaning set forth in section 245(d) of this title.''.

SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

    Section 2114 of title 18, United States Code, is amended--
        (1) by striking ``whoever'' and inserting:
    ``(a) Assault.--A person who''; and
        (2) by adding at the end the following new subsection:
    ``(b) Receipt, Possession, Concealment, or Disposal of Property.--A 
person who receives, possesses, conceals, or disposes of any money or 
other property that has been obtained in violation of this section, 
knowing the same to have been unlawfully obtained, shall be imprisoned 
not more than 10 years, fined under this title, or both.''.
SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF 
INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following new sections:

``Sec. 1033. Crimes by or affecting persons engaged in the business of 
            insurance whose activities affect interstate commerce

    ``(a)(1) Whoever is engaged in the business of insurance whose 
activities affect interstate commerce and knowingly, with the intent to 
deceive, makes any false material statement or report or willfully and 
materially overvalues any land, property or security--
        ``(A) in connection with any financial reports or documents 
    presented to any insurance regulatory official or agency or an 
    agent or examiner appointed by such official or agency to examine 
    the affairs of such person, and
        ``(B) for the purpose of influencing the actions of such 
    official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as established under this title or imprisonment for not more than 10 
years, or both, except that the term of imprisonment shall be not more 
than 15 years if the statement or report or overvaluing of land, 
property, or security jeopardized the safety and soundness of an 
insurer and was a significant cause of such insurer being placed in 
conservation, rehabilitation, or liquidation by an appropriate court.
    ``(b)(1) Whoever--
        ``(A) acting as, or being an officer, director, agent, or 
    employee of, any person engaged in the business of insurance whose 
    activities affect interstate commerce, or
        ``(B) is engaged in the business of insurance whose activities 
    affect interstate commerce or is involved (other than as an insured 
    or beneficiary under a policy of insurance) in a transaction 
    relating to the conduct of affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates any of the 
moneys, funds, premiums, credits, or other property of such person so 
engaged shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if such embezzlement, abstraction, 
purloining, or misappropriation described in paragraph (1) jeopardized 
the safety and soundness of an insurer and was a significant cause of 
such insurer being placed in conservation, rehabilitation, or 
liquidation by an appropriate court, such imprisonment shall be not 
more than 15 years. If the amount or value so embezzled, abstracted, 
purloined, or misappropriated does not exceed $5,000, whoever violates 
paragraph (1) shall be fined as provided in this title or imprisoned 
not more than one year, or both.
    ``(c)(1) Whoever is engaged in the business of insurance and whose 
activities affect interstate commerce or is involved (other than as an 
insured or beneficiary under a policy of insurance) in a transaction 
relating to the conduct of affairs of such a business, knowingly makes 
any false entry of material fact in any book, report, or statement of 
such person engaged in the business of insurance with intent to deceive 
any person, including any officer, employee, or agent of such person 
engaged in the business of insurance, any insurance regulatory official 
or agency, or any agent or examiner appointed by such official or 
agency to examine the affairs of such person, about the financial 
condition or solvency of such business shall be punished as provided in 
paragraph (2).
    ``(2) The punishment for an offense under paragraph (1) is a fine 
as provided under this title or imprisonment for not more than 10 
years, or both, except that if the false entry in any book, report, or 
statement of such person jeopardized the safety and soundness of an 
insurer and was a significant cause of such insurer being placed in 
conservation, rehabilitation, or liquidation by an appropriate court, 
such imprisonment shall be not more than 15 years.
    ``(d) Whoever, by threats or force or by any threatening letter or 
communication, corruptly influences, obstructs, or impedes or endeavors 
corruptly to influence, obstruct, or impede the due and proper 
administration of the law under which any proceeding involving the 
business of insurance whose activities affect interstate commerce is 
pending before any insurance regulatory official or agency or any agent 
or examiner appointed by such official or agency to examine the affairs 
of a person engaged in the business of insurance whose activities 
affect interstate commerce, shall be fined as provided in this title or 
imprisoned not more than 10 years, or both.
    ``(e)(1)(A) Any individual who has been convicted of any criminal 
felony involving dishonesty or a breach of trust, or who has been 
convicted of an offense under this section, and who willfully engages 
in the business of insurance whose activities affect interstate 
commerce or participates in such business, shall be fined as provided 
in this title or imprisoned not more than 5 years, or both.
    ``(B) Any individual who is engaged in the business of insurance 
whose activities affect interstate commerce and who willfully permits 
the participation described in subparagraph (A) shall be fined as 
provided in this title or imprisoned not more than 5 years, or both.
    ``(2) A person described in paragraph (1)(A) may engage in the 
business of insurance or participate in such business if such person 
has the written consent of any insurance regulatory official authorized 
to regulate the insurer, which consent specifically refers to this 
subsection.
    ``(f) As used in this section--
        ``(1) the term `business of insurance' means--
            ``(A) the writing of insurance, or
            ``(B) the reinsuring of risks,
    by an insurer, including all acts necessary or incidental to such 
    writing or reinsuring and the activities of persons who act as, or 
    are, officers, directors, agents, or employees of insurers or who 
    are other persons authorized to act on behalf of such persons;
        ``(2) the term `insurer' means any entity the business activity 
    of which is the writing of insurance or the reinsuring of risks, 
    and includes any person who acts as, or is, an officer, director, 
    agent, or employee of that business;
        ``(3) the term `interstate commerce' means--
            ``(A) commerce within the District of Columbia, or any 
        territory or possession of the United States;
            ``(B) all commerce between any point in the State, 
        territory, possession, or the District of Columbia and any 
        point outside thereof;
            ``(C) all commerce between points within the same State 
        through any place outside such State; or
            ``(D) all other commerce over which the United States has 
        jurisdiction; and
        ``(4) the term `State' includes any State, the District of 
    Columbia, the Commonwealth of Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, American Samoa, and the Trust 
    Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations of section 
     1033
    ``(a) The Attorney General may bring a civil action in the 
appropriate United States district court against any person who engages 
in conduct constituting an offense under section 1033 and, upon proof 
of such conduct by a preponderance of the evidence, such person shall 
be subject to a civil penalty of not more than $50,000 for each 
violation or the amount of compensation which the person received or 
offered for the prohibited conduct, whichever amount is greater. If the 
offense has contributed to the decision of a court of appropriate 
jurisdiction to issue an order directing the conservation, 
rehabilitation, or liquidation of an insurer, such penalty shall be 
remitted to the appropriate regulatory official for the benefit of the 
policyholders, claimants, and creditors of such insurer. The imposition 
of a civil penalty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative remedy, 
which is available by law to the United States or any other person.
    ``(b) If the Attorney General has reason to believe that a person 
is engaged in conduct constituting an offense under section 1033, the 
Attorney General may petition an appropriate United States district 
court for an order prohibiting that person from engaging in such 
conduct. The court may issue an order prohibiting that person from 
engaging in such conduct if the court finds that the conduct 
constitutes such an offense. The filing of a petition under this 
section does not preclude any other remedy which is available by law to 
the United States or any other person.''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
such title is amended by adding at the end the following new items:

``1033. Crimes by or affecting persons engaged in the business of 
          insurance whose activities affect interstate commerce.
``1034. Civil penalties and injunctions for violations of section 
          1033.''.
SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
    (a) Tampering With Insurance Regulatory Proceedings.--Section 
1515(a)(1) of title 18, United States Code, is amended--
        (1) by striking ``or'' at the end of subparagraph (B);
        (2) by inserting ``or'' at the end of subparagraph (C); and
        (3) by adding at the end thereof the following new 
    subparagraph:
            ``(D) a proceeding involving the business of insurance 
        whose activities affect interstate commerce before any 
        insurance regulatory official or agency or any agent or 
        examiner appointed by such official or agency to examine the 
        affairs of any person engaged in the business of insurance 
        whose activities affect interstate commerce; or''.
    (b) Limitations.--Section 3293 of such title is amended by 
inserting ``1033,'' after ``1014,''.
    (c) Obstruction of Criminal Investigations.--Section 1510 of title 
18, United States Code, is amended by adding at the end the following 
new subsection:
    ``(d)(1) Whoever--
        ``(A) acting as, or being, an officer, director, agent or 
    employee of a person engaged in the business of insurance whose 
    activities affect interstate commerce, or
        ``(B) is engaged in the business of insurance whose activities 
    affect interstate commerce or is involved (other than as an insured 
    or beneficiary under a policy of insurance) in a transaction 
    relating to the conduct of affairs of such a business,
with intent to obstruct a judicial proceeding, directly or indirectly 
notifies any other person about the existence or contents of a subpoena 
for records of that person engaged in such business or information that 
has been furnished to a Federal grand jury in response to that 
subpoena, shall be fined as provided by this title or imprisoned not 
more than 5 years, or both.
    ``(2) As used in paragraph (1), the term `subpoena for records' 
means a Federal grand jury subpoena for records that has been served 
relating to a violation of, or a conspiracy to violate, section 1033 of 
this title.''.

SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

    Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 
1829(a)) is amended in paragraph (2)(A)(i)(I)--
        (1) by striking ``or 1956''; and
        (2) by inserting ``1517, 1956, or 1957''.

SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.

    Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) 
is amended to read as follows:
    ``(d) Prohibition.--
        ``(1) In general.--Except with prior written consent of the 
    Board--
            ``(A) any person who has been convicted of any criminal 
        offense involving dishonesty or a breach of trust, or has 
        agreed to enter into a pretrial diversion or similar program in 
        connection with a prosecution for such offense, may not--
                ``(i) become, or continue as, an institution-affiliated 
            party with respect to any insured credit union; or
                ``(ii) otherwise participate, directly or indirectly, 
            in the conduct of the affairs of any insured credit union; 
            and
            ``(B) any insured credit union may not permit any person 
        referred to in subparagraph (A) to engage in any conduct or 
        continue any relationship prohibited under such subparagraph.
        ``(2) Minimum 10-year prohibition period for certain 
    offenses.--
            ``(A) In general.--If the offense referred to in paragraph 
        (1)(A) in connection with any person referred to in such 
        paragraph is--
                ``(i) an offense under--

                    ``(I) section 215, 656, 657, 1005, 1006, 1007, 
                1008, 1014, 1032, 1344, 1517, 1956, or 1957 of title 
                18, United States Code; or
                    ``(II) section 1341 or 1343 of such title which 
                affects any financial institution (as defined in 
                section 20 of such title); or

                ``(ii) the offense of conspiring to commit any such 
            offense,
        the Board may not consent to any exception to the application 
        of paragraph (1) to such person during the 10-year period 
        beginning on the date the conviction or the agreement of the 
        person becomes final.
            ``(B) Exception by order of sentencing court.--
                ``(i) In general.--On motion of the Board, the court in 
            which the conviction or the agreement of a person referred 
            to in subparagraph (A) has been entered may grant an 
            exception to the application of paragraph (1) to such 
            person if granting the exception is in the interest of 
            justice.
                ``(ii) Period for filing.--A motion may be filed under 
            clause (i) at any time during the 10-year period described 
            in subparagraph (A) with regard to the person on whose 
            behalf such motion is made.
        ``(3) Penalty.--Whoever knowingly violates paragraph (1) or (2) 
    shall be fined not more than $1,000,000 for each day such 
    prohibition is violated or imprisoned for not more than 5 years, or 
    both.''.
SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS 
REWARDS STATUTE.
    Section 3059A of title 18, United States Code, is amended--
        (1) by inserting ``225,'' after ``215'';
        (2) by striking ``or'' before ``1344''; and
        (3) by inserting ``, or 1517'' after ``1344''.
SEC. 320608. DEFINITION OF ``SAVINGS AND LOAN ASSOCIATION'' FOR 
PURPOSES OF THE OFFENSE OF BANK ROBBERY AND RELATED OFFENSES.
    Section 2113 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) As used in this section, the term `savings and loan 
association' means--
        ``(1) a Federal savings association or State savings 
    association (as defined in section 3(b) of the Federal Deposit 
    Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the 
    Federal Deposit Insurance Corporation; and
        ``(2) a corporation described in section 3(b)(1)(C) of the 
    Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is 
    operating under the laws of the United States.''.
SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE OFFENSE OF 
OBSTRUCTION OF A FEDERAL AUDIT.
    Section 1516(b) of title 18, United States Code, is amended--
        (1) by striking ``section the term'' and inserting ``section--
        ``(1) the term'';
        (2) by striking the period at the end and inserting a 
    semicolon; and
        (3) by adding at the end the following new paragraph:
        ``(2) the term `in any 1 year period' has the meaning given to 
    the term `in any one-year period' in section 666.''.

              Subtitle G--Safer Streets and Neighborhoods

SEC. 320701. SHORT TITLE.

    This subtitle may be cited as the ``Safer Streets and Neighborhoods 
Act of 1994''.

SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.

    (a) Amendment.--Section 510(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by 
inserting ``non-Federal'' after ``with''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1994.

                Subtitle H--Recreational Hunting Safety

SEC. 320801. SHORT TITLE.

    This subtitle may be cited as the ``Recreational Hunting Safety and 
Preservation Act of 1994''.

SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.

    It is a violation of this section intentionally to engage in any 
physical conduct that significantly hinders a lawful hunt.

SEC. 320803. CIVIL PENALTIES.

    (a) In General.--A person who violates section 320802 shall be 
assessed a civil penalty in an amount computed under subsection (b).
    (b) Computation of Penalty.--The penalty shall be--
        (1) not more than $10,000, if the violation involved the use of 
    force or violence, or the threatened use of force or violence, 
    against the person or property of another person; and
        (2) not more than $5,000 for any other violation.
    (c) Relationship to Other Penalties.--The penalties established by 
this section shall be in addition to other criminal or civil penalties 
that may be levied against the person as a result of an activity in 
violation of section 320802.
    (d) Procedure.--Upon receipt of--
        (1) a written complaint from an officer, employee, or agent of 
    the Forest Service, Bureau of Land Management, National Park 
    Service, United States Fish and Wildlife Service, or other Federal 
    agency that a person violated section 320802; or
        (2) a sworn affidavit from an individual and a determination by 
    the Secretary that the statement contains sufficient factual 
    allegations to create a reasonable belief that a violation of 
    section 320802 has occurred;
the Secretary may request the Attorney General of the United States to 
institute a civil action for the imposition and collection of the civil 
penalty under this section.
    (e) Use of Penalty Money Collected.--After deduction of costs 
attributable to collection, money collected from penalties shall be--
        (1) deposited into the trust fund established pursuant to the 
    Act entitled ``An Act to provide that the United States shall aid 
    the States in wildlife-restoration projects, and for other 
    purposes'', approved September 2, 1937 (16 U.S.C. 669) (commonly 
    known as the ``Pitman-Robertson Wildlife Restoration Act''), to 
    support the activities authorized by such Act and undertaken by 
    State wildlife management agencies; or
        (2) used in such other manner as the Secretary determines will 
    enhance the funding and implementation of--
            (A) the North American Waterfowl Management Plan signed by 
        the Secretary of the Interior and the Minister of Environment 
        for Canada in May 1986; or
            (B) a similar program that the Secretary determines will 
        enhance wildlife management--
                (i) on Federal lands; or
                (ii) on private or State-owned lands when the efforts 
            will also provide a benefit to wildlife management 
            objectives on Federal lands.

SEC. 320804. OTHER RELIEF.

    Injunctive relief against a violation of section 320802 may be 
sought by--
        (1) the head of a State agency with jurisdiction over fish or 
    wildlife management;
        (2) the Attorney General of the United States; or
        (3) any person who is or would be adversely affected by the 
    violation.
SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.
    This subtitle does not preempt a State law or local ordinance that 
provides for civil or criminal penalties for conduct that violates this 
subtitle.

SEC. 320806. REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry 
out this subtitle.

SEC. 320807. RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to impair a right 
guaranteed to a person under the first article of amendment to the 
Constitution or limit any legal remedy for forceful interference with a 
person's lawful participation in speech or peaceful assembly.

SEC. 320808. DEFINITIONS.

    As used in this subtitle:
        (1) Federal lands.--The term ``Federal lands'' means--
            (A) national forests;
            (B) public lands;
            (C) national parks; and
            (D) wildlife refuges.
        (2) Lawful hunt.--The term ``lawful hunt'' means the taking or 
    harvesting (or attempted taking or harvesting) of wildlife or fish, 
    on Federal lands, which--
            (A) is lawful under the laws applicable in the place it 
        occurs; and
            (B) does not infringe upon a right of an owner of private 
        property.
        (3) National forest.--The term ``national forest'' means lands 
    included in the National Forest System (as defined in section 11(a) 
    of the Forest and Rangeland Renewable Resources Planning Act of 
    1974 (16 U.S.C. 1609(a))).
        (4) National park.--The term ``national park'' means lands and 
    waters included in the National Park System (as defined in section 
    2(a) of the Act entitled ``An Act to facilitate the management of 
    the National Park System and miscellaneous areas administered in 
    connection with that system, and for other purposes'', approved 
    August 8, 1953 (16 U.S.C. 1c(a))).
        (5) Public lands.--The term ``public lands'' has the same 
    meaning as is provided in section 103(e) of the Federal Land Policy 
    and Management Act of 1976 (43 U.S.C. 1702(e)).
        (6) Secretary.--The term ``Secretary'' means--
            (A) the Secretary of Agriculture with respect to national 
        forests; and
            (B) the Secretary of the Interior with respect to--
                (i) public lands;
                (ii) national parks; and
                (iii) wildlife refuges.
        (7) Wildlife refuge.--The term ``wildlife refuge'' means lands 
    and waters included in the National Wildlife Refuge System (as 
    established by section 4 of the National Wildlife Refuge System 
    Administration Act of 1966 (16 U.S.C. 668dd)).
        (8) Conduct.--The term ``conduct'' does not include speech 
    protected by the first article of amendment to the Constitution.

                      Subtitle I--Other Provisions

SEC. 320901. WIRETAPS.

    Section 2511(1) of title 18, United States Code, is amended--
        (1) by striking ``or'' at the end of paragraph (c);
        (2) by inserting ``or'' at the end of paragraph (d); and
        (3) by adding after paragraph (d) the following new paragraph:
        ``(e)(i) intentionally discloses, or endeavors to disclose, to 
    any other person the contents of any wire, oral, or electronic 
    communication, intercepted by means authorized by sections 
    2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 of this 
    subchapter, (ii) knowing or having reason to know that the 
    information was obtained through the interception of such a 
    communication in connection with a criminal investigation, (iii) 
    having obtained or received the information in connection with a 
    criminal investigation, and (iv) with intent to improperly 
    obstruct, impede, or interfere with a duly authorized criminal 
    investigation,''.  

SEC. 320902. THEFT OF MAJOR ARTWORK.

    (a) Offense.--Chapter 31 of title 18, United States Code, is 
amended by adding at the end the following new section:

``Sec. 668. Theft of major artwork

    ``(a) Definitions.--In this section--
        ```museum' means an organized and permanent institution, the 
    activities of which affect interstate or foreign commerce, that--
            ``(A) is situated in the United States;
            ``(B) is established for an essentially educational or 
        aesthetic purpose;
            ``(C) has a professional staff; and
            ``(D) owns, utilizes, and cares for tangible objects that 
        are exhibited to the public on a regular schedule.
        ```object of cultural heritage' means an object that is--
            ``(A) over 100 years old and worth in excess of $5,000; or
            ``(B) worth at least $100,000.''.
    ``(b) Offenses.--A person who--
        ``(1) steals or obtains by fraud from the care, custody, or 
    control of a museum any object of cultural heritage; or
        ``(2) knowing that an object of cultural heritage has been 
    stolen or obtained by fraud, if in fact the object was stolen or 
    obtained from the care, custody, or control of a museum (whether or 
    not that fact is known to the person), receives, conceals, 
    exhibits, or disposes of the object,
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.
    (b) Period of Limitation.--Chapter 213 of title 18, United States 
Code, is amended by adding at the end the following new section:

``Sec. 3294. Theft of major artwork

    ``No person shall be prosecuted, tried, or punished for a violation 
of or conspiracy to violate section 668 unless the indictment is 
returned or the information is filed within 20 years after the 
commission of the offense.''.
    (d) Technical Amendments.--
        (1) Chapter 31.--The chapter analysis for chapter 31 of title 
    18, United States Code, is amended by adding at the end the 
    following new item:

``668. Theft of major artwork.''.

        (2) Chapter 213.--The chapter analysis for chapter 213 of title 
    18, United States Code, is amended by adding at the end the 
    following new item:

``3294. Theft of major artwork.''.
SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND 
PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND GAPS IN 
COVERAGE.
    (a) Robbery and Burglary.--(1) Section 2111 of title 18, United 
States Code, is amended by inserting ``or attempts to take'' after 
``takes''.
    (2) Section 2112 of title 18, United States Code, is amended by 
inserting ``or attempts to rob'' after ``robs''.
    (3) Section 2114 of title 18, United States Code, is amended by 
inserting ``or attempts to rob'' after ``robs''.
    (b) Kidnapping.--Section 1201(d) of title 18, United States Code, 
is amended by striking ``Whoever attempts to violate subsection (a)(4) 
or (a)(5)'' and inserting ``Whoever attempts to violate subsection 
(a)''.
    (c) Smuggling.--Section 545 of title 18, United States Code, is 
amended by inserting ``or attempts to smuggle or clandestinely 
introduce'' after ``smuggles, or clandestinely introduces''.
    (d) Malicious Mischief.--(1) Section 1361 of title 18, United 
States Code, is amended--
        (A) by inserting ``or attempts to commit any of the foregoing 
    offenses'' before ``shall be punished'', and
        (B) by inserting ``or attempted damage'' after ``damage'' each 
    place it appears.
    (2) Section 1362 of title 18, United States Code, is amended by 
inserting ``or attempts willfully or maliciously to injure or destroy'' 
after ``willfully or maliciously injures or destroys''.
    (3) Section 1366 of title 18, United States Code, is amended--
        (A) by inserting ``or attempts to damage'' after ``damages'' 
    each place it appears;
        (B) by inserting ``or attempts to cause'' after ``causes''; and
        (C) by inserting ``or would if the attempted offense had been 
    completed have exceeded'' after ``exceeds'' each place it appears.

SEC. 320904. GUN-FREE SCHOOL ZONES.

    Section 922(q) of title 18, United States Code, is amended--
        (1) by redesignating paragraphs (1), (2), and (3) as paragraphs 
    (2), (3), and (4), respectively; and
        (2) by inserting after ``(q)'' the following new paragraph:
    ``(1) The Congress finds and declares that--
        ``(A) crime, particularly crime involving drugs and guns, is a 
    pervasive, nationwide problem;
        ``(B) crime at the local level is exacerbated by the interstate 
    movement of drugs, guns, and criminal gangs;
        ``(C) firearms and ammunition move easily in interstate 
    commerce and have been found in increasing numbers in and around 
    schools, as documented in numerous hearings in both the Judiciary 
    Committee of the House of Representatives and Judiciary Committee 
    of the Senate;
        ``(D) in fact, even before the sale of a firearm, the gun, its 
    component parts, ammunition, and the raw materials from which they 
    are made have considerably moved in interstate commerce;
        ``(E) while criminals freely move from State to State, ordinary 
    citizens and foreign visitors may fear to travel to or through 
    certain parts of the country due to concern about violent crime and 
    gun violence, and parents may decline to send their children to 
    school for the same reason;
        ``(F) the occurrence of violent crime in school zones has 
    resulted in a decline in the quality of education in our country;
        ``(G) this decline in the quality of education has an adverse 
    impact on interstate commerce and the foreign commerce of the 
    United States;
        ``(H) States, localities, and school systems find it almost 
    impossible to handle gun-related crime by themselves; even States, 
    localities, and school systems that have made strong efforts to 
    prevent, detect, and punish gun-related crime find their efforts 
    unavailing due in part to the failure or inability of other States 
    or localities to take strong measures; and
        ``(I) Congress has power, under the interstate commerce clause 
    and other provisions of the Constitution, to enact measures to 
    ensure the integrity and safety of the Nation's schools by 
    enactment of this subsection.''.

SEC. 320905. INTERSTATE WAGERING.

    Section 1301 of title 18, United States Code, is amended by 
inserting ``or, being engaged in the business of procuring for a person 
in 1 State such a ticket, chance, share, or interest in a lottery, 
gift, enterprise or similar scheme conducted by another State (unless 
that business is permitted under an agreement between the States in 
question or appropriate authorities of those States), knowingly 
transmits in interstate or foreign commerce information to be used for 
the purpose of procuring such a ticket, chance, share, or interest;'' 
after ``scheme;''.
SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST 
TRUCKERS.
    It is the sense of Congress that--
        (1) when there is Federal jurisdiction, Federal authorities 
    should prosecute to the fullest extent of the law murders, rapes, 
    burglaries, kidnappings and assaults committed against commercial 
    truckers; and
        (2) appropriate Federal agencies should acknowledge this 
    problem and place a priority on evaluating how best to prevent 
    these crimes and apprehend those involved, and continue to 
    coordinate their activities with multi-jurisdictional authorities 
    to combat violent crimes committed against truckers.
SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK 
BIRTHS.
    It is the sense of the Senate that--
        (1) the Secretary of Health and Human Services, in consultation 
    with the National Center for Health Statistics, should prepare an 
    analysis of the causes of the increase in out-of-wedlock births, 
    and determine whether there is any historical precedent for such 
    increase, as well as any equivalent among foreign nations, and
        (2) the Secretary of Health and Human Services should report to 
    Congress within 12 months after the date of the enactment of this 
    Act on the Secretary's analysis of the out-of-wedlock problem and 
    its causes, as well as possible remedial measures that could be 
    taken.
SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED 
NATIONS IN INTERNATIONAL ORGANIZED CRIME CONTROL.
    It is the sense of the Senate that--
        (1) the United States should encourage the development of a 
    United Nations Convention on Organized Crime; and
        (2) the United Nations should--
            (A) provide significant additional resources to the 
        Commission on Crime Prevention and Criminal Justice;
            (B) consider an expansion of the Commission's role and 
        authority; and
            (C) seek a cohesive approach to the international organized 
        crime problem.
SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.
    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by inserting after section 3238 the following new section:

``Sec. 3239. Optional venue for espionage and related offenses

    ``The trial for any offense involving a violation, begun or 
committed upon the high seas or elsewhere out of the jurisdiction of 
any particular State or district, of--
        ``(1) section 793, 794, 798, or section 1030(a)(1) of this 
    title;
        ``(2) section 601 of the National Security Act of 1947 (50 
    U.S.C. 421); or
        ``(3) section 4(b) or 4(c) of the Subversive Activities Control 
    Act of 1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district authorized 
by law.''.
    (b) Technical Amendment.--The item relating to section 3239 in the 
table of sections of chapter 211 of title 18, United States Code, is 
amended to read as follows:

``3239. Optional venue for espionage and related offenses.''.

SEC. 320910. UNDERCOVER OPERATIONS.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 21. Stolen or counterfeit nature of property for certain crimes 
  defined
    ``(a) Wherever in this title it is an element of an offense that--
        ``(1) any property was embezzled, robbed, stolen, converted, 
    taken, altered, counterfeited, falsely made, forged, or 
    obliterated; and
        ``(2) the defendant knew that the property was of such 
    character;
such element may be established by proof that the defendant, after or 
as a result of an official representation as to the nature of the 
property, believed the property to be embezzled, robbed, stolen, 
converted, taken, altered, counterfeited, falsely made, forged, or 
obliterated.
    ``(b) For purposes of this section, the term `official 
representation' means any representation made by a Federal law 
enforcement officer (as defined in section 115) or by another person at 
the direction or with the approval of such an officer.''.
    (b) Technical Amendment.--The table of sections of chapter 1 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``21. Stolen or counterfeit nature of property for certain crimes 
          defined.''.

SEC. 320911. MISUSE OF INITIALS ``DEA''.

    (a) Amendment.--Section 709 of title 18, United States Code, is 
amended--
        (1) in the thirteenth unnumbered paragraph by striking 
    ``words--'' and inserting ``words; or''; and
        (2) by inserting after the thirteenth unnumbered paragraph the 
    following new paragraph:
    ``A person who, except with the written permission of the 
Administrator of the Drug Enforcement Administration, knowingly uses 
the words `Drug Enforcement Administration' or the initials `DEA' or 
any colorable imitation of such words or initials, in connection with 
any advertisement, circular, book, pamphlet, software or other 
publication, play, motion picture, broadcast, telecast, or other 
production, in a manner reasonably calculated to convey the impression 
that such advertisement, circular, book, pamphlet, software or other 
publication, play, motion picture, broadcast, telecast, or other 
production is approved, endorsed, or authorized by the Drug Enforcement 
Administration;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
become effective on the date that is 90 days after the date of 
enactment of this Act.

SEC. 320912. DEFINITION OF LIVESTOCK.

    Section 2311 of title 18, United States Code, is amended by 
inserting after the second paragraph relating to the definition of 
``cattle'' the following new paragraph:
    ```livestock' means any domestic animals raised for home use, 
consumption, or profit, such as horses, pigs, llamas, goats, fowl, 
sheep, buffalo, and cattle, or the carcasses thereof.''.

SEC. 320913. ASSET FORFEITURE.

    (a) Amendment.--Section 524(c)(1) of title 28, United States Code, 
is amended--
        (1) by redesignating subparagraph (H) as subparagraph (I); and
        (2) by inserting after subparagraph (G) the following new 
    subparagraph:
    ``(H) the payment of State and local property taxes on forfeited 
real property that accrued between the date of the violation giving 
rise to the forfeiture and the date of the forfeiture order; and''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall apply to all claims pending at the time of or commenced 
subsequent to the date of enactment of this Act.
SEC. 320914. CLARIFICATION OF DEFINITION OF A ``COURT OF THE UNITED 
STATES'' TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN MARIANA 
ISLANDS, AND THE VIRGIN ISLANDS.
    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following new section:

``Sec. 23. Court of the United States defined

    ``As used in this title, except where otherwise expressly provided 
the term `court of the United States' includes the District Court of 
Guam, the District Court for the Northern Mariana Islands, and the 
District Court of the Virgin Islands.''.
    (b) Technical Amendment.--The chapter analysis for chapter 1 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``23. Court of the United States defined.''.

SEC. 320915. LAW ENFORCEMENT PERSONNEL.

    It is the sense of the Senate that law enforcement personnel should 
not be reduced and calls upon the President of the United States to 
exempt Federal law enforcement positions from Executive Order 12839 and 
other Executive memoranda mandating reductions in the Federal 
workforce.
SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS.
    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following new section:

``Sec. 540A. Investigation of violent crimes against travelers

    ``(a) In General.--At the request of an appropriate law enforcement 
official of a State or political subdivision, the Attorney General and 
Director of the Federal Bureau of Investigation may assist in the 
investigation of a felony crime of violence in violation of the law of 
any State in which the victim appears to have been selected because he 
or she is a traveler.
    ``(b) Foreign Travelers.--In a case in which the traveler who is a 
victim of a crime described in subsection (a) is from a foreign nation, 
the Attorney General and Director of the Federal Bureau of 
Investigation, and, when appropriate, the Secretary of State shall 
assist the prosecuting and law enforcement officials of a State or 
political subdivision to the fullest extent possible in securing from 
abroad such evidence or other information as may be needed for the 
effective investigation and prosecution of the crime.
    ``(c) Definitions.--In this section--
        ```felony crime of violence' means an offense punishable by 
    more than one year in prison that has as an element the use, 
    attempted use, or threatened use of physical force against the 
    person of another.
        ```State' means a State, the District of Columbia, and any 
    commonwealth, territory, or possession of the United States.
        ```traveler' means a victim of a crime of violence who is not a 
    resident of the State in which the crime of violence occurred.''.
    (b) Technical Amendment.--The chapter analysis for chapter 33 of 
title 28, United States Code, is amended by adding at the end the 
following new item:
``540A. Investigation of violent crimes against travelers.''.

SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.

    (a) In General.--Section 844(i) of title 18, United States Code, is 
amended by adding at the end the following: ``No person shall be 
prosecuted, tried, or punished for any noncapital offense under this 
subsection unless the indictment is found or the information is 
instituted within 7 years after the date on which the offense was 
committed.''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall not apply to any offense described in the amendment that was 
committed more than 5 years prior to the date of enactment of this Act.
SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION 
RIGHTS.
    It is the sense of the Congress that in determining child custody 
and visitation rights, the courts should take into consideration the 
history of drunk driving that any person involved in the determination 
may have.

SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.

    Nothing in this Act shall be construed to prohibit or exclude the 
expenditure of appropriations to grant recipients that would have been 
or are eligible to receive grants under subpart 1 of part E of the 
Omnibus Crime Control and Safe Streets Act of 1968.

SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY, U.S.A.

    It is the sense of the Senate that in celebration of ``Law Day, 
U.S.A.'', May 1, 1995, the grateful people of this Nation should give 
special emphasis to all law enforcement personnel of the United States, 
and the grateful people of this Nation should acknowledge the 
unflinching and devoted service law enforcement personnel perform as 
such personnel help preserve domestic tranquillity and guarantee the 
legal rights of all individuals of this Nation.
SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION 
PROGRAM.
    (a) Sentence of Probation.--Section 3561 of title 18, United States 
Code, is amended--
        (1) by redesignating subsection (b) as subsection (c); and
        (2) by inserting the following new subsection after subsection 
    (a):
    ``(b) Domestic Violence Offenders.--A defendant who has been 
convicted for the first time of a domestic violence crime shall be 
sentenced to a term of probation if not sentenced to a term of 
imprisonment. The term `domestic violence crime' means a crime of 
violence for which the defendant may be prosecuted in a court of the 
United States in which the victim or intended victim is the spouse, 
former spouse, intimate partner, former intimate partner, child, or 
former child of the defendant, or any relative defendant, child, or 
former child of the defendant, or any other relative of the 
defendant.''.
    (b) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended by--
        (1) striking ``and'' at the end of paragraph (2);
        (2) striking the period at the end of paragraph (3) and 
    inserting ``; and''; and
        (3) by inserting the following new paragraph:
        ``(4) for a domestic violence crime as defined in section 
    3561(b) by a defendant convicted of such an offense for the first 
    time that the defendant attend a public, private, or private 
    nonprofit offender rehabilitation program that has been approved by 
    the court, in consultation with a State Coalition Against Domestic 
    Violence or other appropriate experts, if an approved program is 
    readily available within a 50-mile radius of the legal residence of 
    the defendant.''.
    (c) Supervised Release.--Section 3583 of title 18, United States 
Code, is amended--
        (1) in subsection (a) by inserting ``or if the defendant has 
    been convicted for the first time of a domestic violence crime as 
    defined in section 3561(b)'' after ``statute''; and
        (2) in subsection (d) by inserting the following after the 
    first sentence: ``The court shall order as an explicit condition of 
    supervised release for a defendant convicted for the first time of 
    a domestic violence crime as defined in section 3561(b) that the 
    defendant attend a public, private, or private nonprofit offender 
    rehabilitation program that has been approved by the court, in 
    consultation with a State Coalition Against Domestic Violence or 
    other appropriate experts, if an approved program is readily 
    available within a 50-mile radius of the legal residence of the 
    defendant.''.

SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.

    (a) Public Law 87-726.--The first section of Public Law 87-726 (36 
U.S.C. 167) is amended--
        (1) by striking ``(2)'' and inserting ``(3)'';
        (2) by inserting after clause (1) the following new clause: 
    ``(2) directing the officials of the Government to display at 
    halfstaff the flag of the United States on all Government buildings 
    on such day, as provided by section 3(m) of the Act of June 22, 
    1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175),'';
        (3) by striking ``(3)'' and inserting ``(4)''; and
        (4) by inserting in paragraph (4) ``, including the display at 
    halfstaff of the flag of the United States'' after ``activities''.
    (b) Act of June 22, 1942.--Section 3(m) of the Act of June 22, 1942 
(Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended by inserting 
``The flag shall be flown at halfstaff on Peace Officers Memorial Day, 
unless that day is also Armed Forces Day.'' after ``a Member of 
Congress.''.

SEC. 320923. FINANCIAL INSTITUTION FRAUD.

    Section 528 of Public Law 101-509, approved November 5, 1990, is 
amended by striking ``with the authority of the Resolution Trust 
Corporation or its successor