         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994



                               __________


                           CONFERENCE REPORT

                              to Accompany

                               H.R. 3355



















         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994


HOUSE OF REPRESENTATIVES        Report 103-711
_________________________________________________________________
______

VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994

CONFERENCE REPORT

TO ACCOMPANY

H.R. 3355

Ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1994
103D Congress 2d Session House of Representatives

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994

August 10, 1994. Ordered to be printed

Mr. BROOKS, from the committee of conference,
submitted the following

CONFERENCE REPORT

[To accompany H.R. 3355]

The committee of conference on the disagreeing votes of the two Houses on
the amendments of the House to the amendment of the Senate to the bill
(H.R. 3355), to amend the Omnibus Crime Control and Safe Streets Act of
1968 to allow grants to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses as fol-
lows:
That the Senate recede from its disagreement to the amendment of the
House to the amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. a. 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 &ntencing
Incentiue 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. Certainty of punishment for young offenders.
Sec. 20202. Grants for community-based violent juvenile facilities.

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. Applicants.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.

     Subtitle D--Family and Community Endeavor Schools Grant Program

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

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

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

                     Subtitle H--Police Recruitment

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

                    Subtitle J--Local Partnership Act

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

           Subtitle K--National Community Economic Partnership

Sec. 31101. Short title.

       Chapter 1--Community Economic Partnership Investment Funds

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

         Chapter 2--Emerging Community Development Corporations

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

                   Chapter 3--Miscellaneous Provisions

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

             Subtitle O--Urban Recreation and At-Risk Youth

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

       Subtitle Q--Community-Based Justice Grants for Prosecutors

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

             Subtitle S--Family Unity Demonstration Project

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

                       Chapter 1--Grants To States

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

   Chapter 2--Family Unity Demonstration Project for Federal Prisoners

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

        Subtitle T--Substance Abuse Treatment in Federal Prisons

Sec. 32001. Substance abuse treatment in Federal prisons.

  Subtitle U--Residential Substance Abuse Treatment for State Prisoners

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

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

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

           Subtitle X--Gang Resistance Education and Training

Sec. 32401. Gang resistance education and training projects.

                    TITLE IV--VIOLENCE AGAINST WOMEN

Sec. 40001. Short title.

                   Subtitle A--Safe Streets for Women

Sec. 40101. Short title.

               Chapter 1--Federal Penalties for Sex Crimes

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

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

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

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

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

                    Chapter 4--New Evidentiary Rules

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

           Chapter 5--Assistance To Victims of Sexual Assault

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

                    Subtitle B--Safe Homes for Women

Sec. 40201. Short title.

              Chapter 1--National Domestic Violence Hotline

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

                    Chapter 2--Interstate Enforcement

Sec. 40221. Interstate enforcement.

          Chapter 3--Arrest Policies in Domestic Violence Cases

Sec. 40231. Encouraging arrest policies.

                        Chapter 4--Shelter Grants

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

                       Chapter 5--Youth Education

Sec. 40251. Youth education and domestic violence.

           Chapter 6--Community Programs on Domestic Violence

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

    Chapter 7--Family Violence Prevention and Services Act Amendments

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

              Chapter 8--Confidentiality For Abused Persons

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

                      Chapter 9--Data And Research

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

     Chapter 10--Rural Domestic Violence and Child Abuse Enforcement

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

                   Subtitle C--Civil Rights for Women

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

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

Sec. 40401. Short title.

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

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

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

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

           Subtitle E--Violence Against Women Act Improvements

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

      Subtitle F--National Stalker and Domestic Violence Reduction

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

    Subtitle G--Protections for Battered Immigrant Women and Children

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

                          TITLE V--DRUG COURTS

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

                         TITLE VI--DEATH PENALTY

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

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

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

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

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

                         TITLE IX--DRUG CONTROL

          Subtitle A--Enhanced Penalties and General Provisions

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

        Subtitle B--National Narcotics Leadership Act Amendments

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

                    TITLE X--DRUNK DRIVING PROVISIONS

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

                           TITLE XI--FIREARMS

                       Subtitle A--Assault Weapons

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

                    Subtitle B--Youth Handgun Safety

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

                          Subtitle C--Licensure

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

                      Subtitle D--Domestic Violence

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

                     Subtitle E--Gun Crime Penalties

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

                          TITLE XII--TERRORISM

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

         TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

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

                        TITLE XIV--YOUTH VIOLENCE

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

                     TITLE XV--CRIMINAL STREET GANGS

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

                      TITLE XVI--CHILD PORNOGRAPHY

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

                   TITLE XVII--CRIMES AGAINST CHILDREN

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

Sec. 170101. Establishment of program.

                  Subtitle B--Assaults Against Children

Sec. 170201. Assaults against children.

               Subtitle C--Missing and Exploited Children

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

                        TITLE XVIII--RURAL CRIME

               Subtitle A--Drug Trafficking in Rural Areas

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

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

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

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

Sec. 180301. Funding for rural areas.

                   TITLE XIX--FEDERAL LAW ENFORCEMENT

Sec. 190001. Federal judiciary and Federal law enforcement.

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

                        Subtitle A--Police Corps

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

             Subtitle B--Law Enforcement Scholarship Program

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

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

                        Subtitle A--Byrne Program

Sec. 210101. Extension of Byrne Grant funding.

               Subtitle B--Law Enforcement Family Support

Sec. 210201. Law enforcement family support.

                     Subtitle C--DNA Identification

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

                 Subtitle D--Police Pattern or Practice

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

         Subtitle E--Improved Training and Technical Automation

Sec. 210501. Improved training and technical automation.

                  Subtitle F--Other State and Local Aid

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

               TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

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

                      TITLE XXIII--VICTIMS OF CRIME

                      Subtitle A--Victims of Crime

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

                     Subtitle B--Crime Victims' Fund

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

                 TITLE XXIV--PROTECTIONS FOR THE ELDERLY

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

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

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

            TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

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

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

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

                   TITLE XXVIII--SENTENCING PROVISIONS

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

                       TITLE XXIX--COMPUTER CRIME

Sec. 290001. Computer Abuse Amendments Act of 1994.

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

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

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

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

                       TITLE XXXII--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

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

      Subtitle B--Extension of Protection of Civil Rights Statutes

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

                      Subtitle C--Audit and Report

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

                        Subtitle D--Coordination

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

                          Subtitle E--Gambling

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

                Subtitle F--White Collar Crime Amendments

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

               Subtitle G--Safer Streets and Neighborhoods

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

                 Subtitle H--Recreational Hunting Safety

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

                      Subtitle I--Other Provisions

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

                   TITLE XXXIII--TECHNICAL CORRECTIONS

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

                  TITLE I--PUBLIC SAFETY AND POLICING

SEC. 10001. SHORT TITLE.

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

SEC. 10002. PURPOSES.

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

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

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

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

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

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

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

``SEC. 1702. APPLICATIONS.

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

``SEC. 1703. RENEWAL OF GRANTS.

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

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

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

``SEC. 1705. PERFORMANCE EVALUATION.

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

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

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

``SEC. 1707. ACCESS TO DOCUMENTS.

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

``SEC. 1708. GENERAL REGULATORY AUTHORITY.

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

``SEC. 1709. DEFINITIONS.

    ``In this part--

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

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

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

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

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

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

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

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

                           TITLE II--PRISONS

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

SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

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

SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

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

SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

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

SEC. 20104. MATCHING REQUIREMENT.

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

SEC. 20105. RULES AND REGULATIONS.

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

SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

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

SEC. 20107. EVALUATION.

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

SEC. 20108. DEFINITIONS.

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

SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.

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

               Subtitle B--Punishment for Young Offenders

SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.

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

            ``PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS

``SEC. 1801. GRANT AUTHORIZATION.

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

``SEC. 1802. STATE APPLICATIONS.

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

``SEC. 1803. REVIEW OF STATE APPLICATIONS.

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

``SEC. 1804. LOCAL APPLICATIONS.

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

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

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

``SEC. 1806. EVALUATION.

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

            ``Part R--Certain Punishments for Young Offenders

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

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

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

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

                    Subtitle C--Alien Incarceration

SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

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

                  Subtitle D--Miscellaneous Provisions

SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.

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

SEC. 20402. PRISON IMPACT ASSESSMENTS.

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

``Sec. 4047. Prison impact assessments

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

``4047. Prison impact assessments.''.

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

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

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

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

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

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

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

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

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

SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.

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

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

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

SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.

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

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

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

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

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

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

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

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

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

SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.

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

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

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

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

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

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

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

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

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

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

    (a) In General.--Section 6050I of the Internal Revenue Code 
of 1986 (relating to returns relating to cash received in trade 
or business) is amended by adding at the end the following new 
subsection:
    ``(g) Cash Received by Criminal Court Clerks.--
            ``(1) In general.--Every clerk of a Federal or 
        State criminal court who receives more than $10,000 in 
        cash as bail for any individual charged with a 
        specified criminal offense shall make a return 
        described in paragraph (2) (at such time as the 
        Secretary may by regulations prescribe) with respect to 
        the receipt of such bail.
            ``(2) Return.--A return is described in this 
        paragraph if such return--
                    ``(A) is in such form as the Secretary may 
                prescribe, and
                    ``(B) contains--
                            ``(i) the name, address, and TIN 
                        of--
                                    ``(I) the individual 
                                charged with the specified 
                                criminal offense, and
                                    ``(II) each person posting 
                                the bail (other than a person 
                                licensed as a bail bondsman),
                            ``(ii) the amount of cash received,
                            ``(iii) the date the cash was 
                        received, and
                            ``(iv) such other information as 
                        the Secretary may prescribe.
            ``(3) Specified criminal offense.--For purposes of 
        this subsection, the term `specified criminal offense' 
        means--
                    ``(A) any Federal criminal offense 
                involving a controlled substance,
                    ``(B) racketeering (as defined in section 
                1951, 1952, or 1955 of title 18, United States 
                Code),
                    ``(C) money laundering (as defined in 
                section 1956 or 1957 of such title), and
                    ``(D) any State criminal offense 
                substantially similar to an offense described 
                in subparagraph (A), (B), or (C).
            ``(4) Information to federal prosecutors.--Each 
        clerk required to include on a return under paragraph 
        (1) the information described in paragraph (2)(B) with 
        respect to an individual described in paragraph 
        (2)(B)(i)(I) shall furnish (at such time as the 
        Secretary may by regulations prescribe) a written 
        statement showing such information to the United States 
        Attorney for the jurisdiction in which such individual 
        resides and the jurisdiction in which the specified 
        criminal offense occurred.
            ``(5) Information to payors of bail.--Each clerk 
        required to make a return under paragraph (1) shall 
        furnish (at such time as the Secretary may by 
        regulations prescribe) to each person whose name is 
        required to be set forth in such return by reason of 
        paragraph (2)(B)(i)(II) a written statement showing--
                    ``(A) the name and address of the clerk's 
                office required to make the return, and
                    ``(B) the aggregate amount of cash 
                described in paragraph (1) received by such 
                clerk.''.
    (b) Conforming Amendments.--
            (1) Clause (iv) of section 6724(d)(1)(B) of the 
        Internal Revenue Code of 1986 is amended to read as 
        follows:
                            ``(iv) section 6050I (a) or (g)(1) 
                        (relating to cash received in trade or 
                        business, etc.),''.
            (2) Subparagraph (K) of section 6724(d)(2) of the 
        Internal Revenue Code of 1986 is amended to read as 
        follows:
                    ``(K) section 6050I(e) or paragraph (4) or 
                (5) of section 6050I(g) (relating to cash 
                received in trade or business, etc.),''.
            (3) The heading for section 6050I of the Internal 
        Revenue Code of 1986 is amended by striking 
        ``BUSINESS'' and inserting ``BUSINESS, ETC.''.
            (4) The table of sections for subpart B of part III 
        of subchapter A of chapter A of chapter 61 of the 
        Internal Revenue Code of 1986 is amended by striking 
        ``business'' and inserting ``business, etc.'' in the 
        item relating to section 6050I.
    (c) Regulations.--The Secretary of the Treasury or the 
Secretary's delegate shall prescribe temporary regulations 
under the amendments made by this section within 90 days after 
the date of enactment of this Act.
    (d) Effective Date.--The amendments made by this section 
shall take effect on the 60th day after the date on which the 
temporary regulations are prescribed under subsection (c).

SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

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

SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.

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

SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.

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

                      TITLE III--CRIME PREVENTION

                Subtitle A--Ounce of Prevention Council

SEC. 30101. OUNCE OF PREVENTION COUNCIL.

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

SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.

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

SEC. 30103. DEFINITION.

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

SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.

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

         Subtitle B--Local Crime Prevention Block Grant Program

SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.

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

SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 30203. QUALIFICATION FOR PAYMENT.

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

SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.

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

SEC. 30205. UTILIZATION OF PRIVATE SECTOR.

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

SEC. 30206. PUBLIC PARTICIPATION.

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

SEC. 30207. ADMINISTRATIVE PROVISIONS.

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

SEC. 30208. DEFINITIONS.

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

               Subtitle C--Model Intensive Grant Programs

SEC. 30301. GRANT AUTHORIZATION.

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

SEC. 30302. USES OF FUNDS.

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

SEC. 30303. PROGRAM REQUIREMENTS.

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

SEC. 30304. APPLICATIONS.

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

SEC. 30305. REPORTS.

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

SEC. 30306. DEFINITIONS.

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

SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

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

    Subtitle D--Family and Community Endeavor Schools Grant Program

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

    (a) Short Title.--This section may be cited as the 
``Community Schools Youth Services and Supervision Grant 
Program Act of 1994''.
    (b) Definitions.--In this section--
            ``child'' means a person who is not younger than 5 
        and not older than 18 years old.
            ``community-based organization'' means a private, 
        locally initiated, community-based organization that--
                    (A) is a nonprofit organization, as defined 
                in section 103(23) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 
                5603(23)); and
                    (B) is operated by a consortium of service 
                providers, consisting of representatives of 5 
                or more of the following categories of persons:
                            (i) Residents of the community.
                            (ii) Business and civic leaders 
                        actively involved in providing 
                        employment and business development 
                        opportunities in the community.
                            (iii) Educators.
                            (iv) Religious organizations (which 
                        shall not provide any sectarian 
                        instruction or sectarian worship in 
                        connection with an activity funded 
                        under this title).
                            (v) Law enforcement agencies.
                            (vi) Public housing agencies.
                            (vii) Other public agencies.
                            (viii) Other interested parties.
            ``eligible community'' means an area identified 
        pursuant to subsection (e).
            ``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including an Alaska Native village (as defined 
        in or established under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
            ``poverty line'' means the income official poverty 
        line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 
        673(2) of the Community Services Block Grant Act (42 
        U.S.C. 9902(2)) applicable to a family of the size 
        involved.
            ``public school'' means a public elementary school, 
        as defined in section 1201(i) of the Higher Education 
        Act of 1965 (20 U.S.C. 1141(i)), and a public secondary 
        school, as defined in section 1201(d) of that Act.
            ``Secretary'' means the Secretary of Health and 
        Human Services, in consultation and coordination with 
        the Attorney General.
            ``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and 
        the United States Virgin Islands.
    (c) Program Authority.--
            (1) In general.--
                    (A) Allocations for states and indian 
                country.--For any fiscal year in which the sums 
                appropriated to carry out this section equal or 
                exceed $20,000,000, from the sums appropriated 
                to carry out this subsection, the Secretary 
                shall allocate, for grants under subparagraph 
                (B) to community-based organizations in each 
                State, an amount bearing the same ratio to such 
                sums as the number of children in the State who 
                are from families with incomes below the 
                poverty line bears to the number of children in 
                all States who are from families with incomes 
                below the poverty line. In view of the 
                extraordinary need for assistance in Indian 
                country, an appropriate amount of funds 
                available under this subtitle shall be made 
                available for such grants in Indian country.
                    (B) Grants to community-based organizations 
                from allocations.--For such a fiscal year, the 
                Secretary may award grants from the appropriate 
                State or Indian country allocation determined 
                under subparagraph (A) on a competitive basis 
                to eligible community-based organizations to 
                pay for the Federal share of assisting eligible 
                communities to develop and carry out programs 
                in accordance with this section.
                    (C) Reallocation.--If, at the end of such a 
                fiscal year, the Secretary determines that 
                funds allocated for community-based 
                organizations in a State or Indian country 
                under subparagraph (B) remain unobligated, the 
                Secretary may use such funds to award grants to 
                eligible community-based organizations in 
                another State or Indian country to pay for such 
                Federal share. In awarding such grants, the 
                Secretary shall consider the need to maintain 
                geographic diversity among the recipients of 
                such grants. Amounts made available through 
                such grants shall remain available until 
                expended.
            (2) Other fiscal years.--For any fiscal year in 
        which the sums appropriated to carry out this section 
        are less than $20,000,000, the Secretary may award 
        grants on a competitive basis to eligible community-
        based organizations to pay for the Federal share of 
        assisting eligible communities to develop and carry out 
        programs in accordance with this section.
            (3) Administrative costs.--The Secretary may use 
        not more than 3 percent of the funds appropriated to 
        carry out this section in any fiscal year for 
        administrative costs.
    (d) Program Requirements.--
            (1) Location.--A community-based organization that 
        receives a grant under this section to assist in 
        carrying out such a program shall ensure that the 
        program is carried out--
                    (A) when appropriate, in the facilities of 
                a public school during nonschool hours; or
                    (B) in another appropriate local facility 
                in a State or Indian country, such as a college 
                or university, a local or State park or 
                recreation center, church, or military base, 
                that is--
                            (i) in a location that is easily 
                        accessible to children in the 
                        community; and
                            (ii) in compliance with all 
                        applicable local ordinances.
            (2) Use of funds.--Such community-based 
        organization--
                    (A) shall use funds made available through 
                the grant to provide, to children in the 
                eligible community, services and activities 
                that--
                            (i) shall include supervised sports 
                        programs, and extracurricular and 
                        academic programs, that are offered--
                                    (I) after school and on 
                                weekends and holidays, during 
                                the school year; and
                                    (II) as daily full-day 
                                programs (to the extent 
                                available resources permit) or 
                                as part-day programs, during 
                                the summer months;
                    (B) in providing such extracurricular and 
                academic programs, shall provide programs such 
                as curriculum-based supervised educational, 
                work force preparation, entrepreneurship, 
                cultural, health programs, social activities, 
                arts and crafts programs, dance programs, 
                tutorial and mentoring programs, and other 
                related activities;
                    (C) may use--
                            (i) such funds for minor renovation 
                        of facilities that are in existence 
                        prior to the operation of the program 
                        and that are necessary for the 
                        operation of the program for which the 
                        organization receives the grant, 
                        purchase of sporting and recreational 
                        equipment and supplies, reasonable 
                        costs for the transportation of 
                        participants in the program, hiring of 
                        staff, provision of meals for such 
                        participants, provision of health 
                        services consisting of an initial basic 
                        physical examination, provision of 
                        first aid and nutrition guidance, 
                        family counselling, parental training, 
                        and substance abuse treatment where 
                        appropriate; and
                            (ii) not more than 5 percent of 
                        such funds to pay for the 
                        administrative costs of the program; 
                        and
                    (D) may not use such funds to provide 
                sectarian worship or sectarian instruction.
    (e) Eligible Community Identification.--
            (1) Identification.--To be eligible to receive a 
        grant under this section, a community-based 
        organization shall identify an eligible community to be 
        assisted under this section.
            (2) Criteria.--Such eligible community shall be an 
        area that meets such criteria with respect to 
        significant poverty and significant juvenile 
        delinquency, and such additional criteria, as the 
        Secretary may by regulation require.
    (f) Applications.--
            (1) Application required.--To be eligible to 
        receive a grant under this section, a community-based 
        organization shall submit an application to the 
        Secretary at such time, in such manner, and accompanied 
        by such information, as the Secretary may reasonably 
        require, and obtain approval of such application.
            (2) Contents of application.--Each application 
        submitted pursuant to paragraph (1) shall--
                    (A) describe the activities and services to 
                be provided through the program for which the 
                grant is sought;
                    (B) contain an assurance that the 
                community-based organization will spend grant 
                funds received under this section in a manner 
                that the community-based organization 
                determines will best accomplish the objectives 
                of this section;
                    (C) contain a comprehensive plan for the 
                program that is designed to achieve 
                identifiable goals for children in the eligible 
                community;
                    (D) set forth measurable goals and outcomes 
                for the program that--
                            (i) will--
                                    (I) where appropriate, make 
                                a public school the focal point 
                                of the eligible community; or
                                    (II) make a local facility 
                                described in subsection 
                                (d)(1)(B) such a focal point; 
                                and
                            (ii) may include reducing the 
                        percentage of children in the eligible 
                        community that enter the juvenile 
                        justice system, increasing the 
                        graduation rates, school attendance, 
                        and academic success of children in the 
                        eligible community, and improving the 
                        skills of program participants;
                    (E) provide evidence of support for 
                accomplishing such goals and outcomes from--
                            (i) community leaders;
                            (ii) businesses;
                            (iii) local educational agencies;
                            (iv) local officials;
                            (v) State officials;
                            (vi) Indian tribal government 
                        officials; and
                            (vii) other organizations that the 
                        community-based organization determines 
                        to be appropriate;
                    (F) contain an assurance that the 
                community-based organization will use grant 
                funds received under this section to provide 
                children in the eligible community with 
                activities and services that shall include 
                supervised sports programs, and extracurricular 
                and academic programs, in accordance with 
                subparagraphs (A) and (B) of subsection (d)(2);
                    (G) contain a list of the activities and 
                services that will be offered through the 
                program for which the grant is sought and 
                sponsored by private nonprofit organizations, 
                individuals, and groups serving the eligible 
                community, including--
                            (i) extracurricular and academic 
                        programs, such as programs described in 
                        subsection (d)(2)(B); and
                            (ii) activities that address 
                        specific needs in the community;
                    (H) demonstrate the manner in which the 
                community-based organization will make use of 
                the resources, expertise, and commitment of 
                private entities in carrying out the program 
                for which the grant is sought;
                    (I) include an estimate of the number of 
                children in the eligible community expected to 
                be served pursuant to the program;
                    (J) include a description of charitable 
                private resources, and all other resources, 
                that will be made available to achieve the 
                goals of the program;
                    (K) contain an assurance that the 
                community-based organization will use 
                competitive procedures when purchasing, 
                contracting, or otherwise providing for goods, 
                activities, or services to carry out programs 
                under this section;
                    (L) contain an assurance that the program 
                will maintain a staff-to-participant ratio 
                (including volunteers) that is appropriate to 
                the activity or services provided by the 
                program;
                    (M) contain an assurance that the program 
                will maintain an average attendance rate of not 
                less than 75 percent of the participants 
                enrolled in the program, or will enroll 
                additional participants in the program;
                    (N) contain an assurance that the 
                community-based organization will comply with 
                any evaluation under subsection (m), any 
                research effort authorized under Federal law, 
                and any investigation by the Secretary;
                    (O) contain an assurance that the 
                community-based organization shall prepare and 
                submit to the Secretary an annual report 
                regarding any program conducted under this 
                section;
                    (P) contain an assurance that the program 
                for which the grant is sought will, to the 
                maximum extent possible, incorporate services 
                that are provided solely through non-Federal 
                private or nonprofit sources; and
                    (Q) contain an assurance that the 
                community-based organization will maintain 
                separate accounting records for the program.
            (3) Priority.--In awarding grants to carry out 
        programs under this section, the Secretary shall give 
        priority to community-based organizations who submit 
        applications that demonstrate the greatest effort in 
        generating local support for the programs.
    (g) Eligibility of Participants.--
            (1) In general.--To the extent possible, each child 
        who resides in an eligible community shall be eligible 
        to participate in a program carried out in such 
        community that receives assistance under this section.
            (2) Eligibility.--To be eligible to participate in 
        a program that receives assistance under this section, 
        a child shall provide the express written approval of a 
        parent or guardian, and shall submit an official 
        application and agree to the terms and conditions of 
        participation in the program.
            (3) Nondiscrimination.--In selecting children to 
        participate in a program that receives assistance under 
        this section, a community-based organization shall not 
        discriminate on the basis of race, color, religion, 
        sex, national origin, or disability.
    (h) Peer Review Panel.--
            (1) Establishment.--The Secretary may establish a 
        peer review panel that shall be comprised of 
        individuals with demonstrated experience in designing 
        and implementing community-based programs.
            (2) Composition.--A peer review panel shall include 
        at least 1 representative from each of the following:
                    (A) A community-based organization.
                    (B) A local government.
                    (C) A school district.
                    (D) The private sector.
                    (E) A charitable organization.
                    (F) A representative of the United States 
                Olympic Committee, at the option of the 
                Secretary.
            (3) Functions.--A peer review panel shall conduct 
        the initial review of all grant applications received 
        by the Secretary under subsection (f), make 
        recommendations to the Secretary regarding--
                    (A) grant funding under this section; and
                    (B) a design for the evaluation of programs 
                assisted under this section.
    (i) Investigations and Inspections.--The Secretary may 
conduct such investigations and inspections as may be necessary 
to ensure compliance with the provisions of this section.
    (j) Payments; Federal Share; Non-Federal Share.--
            (1) Payments.--The Secretary shall, subject to the 
        availability of appropriations, pay to each community-
        based organization having an application approved under 
        subsection (f) the Federal share of the costs of 
        developing and carrying out programs described in 
        subsection (c).
            (2) Federal share.--The Federal share of such costs 
        shall be no more than--
                    (A) 75 percent for each of fiscal years 
                1995 and 1996;
                    (B) 70 percent for fiscal year 1997; and
                    (C) 60 percent for fiscal year 1998 and 
                thereafter.
            (3) Non-federal share.--
                    (A) In general.--The non-Federal share of 
                such costs may be in cash or in kind, fairly 
                evaluated, including plant, equipment, and 
                services (including the services described in 
                subsection (f)(2)(P)), and funds appropriated 
                by the Congress for the activity of any agency 
                of an Indian tribal government or the Bureau of 
                Indian Affairs on any Indian lands may be used 
                to provide the non-Federal share of the costs 
                of programs or projects funded under this 
                subtitle.
                    (B) Special rule.--At least 15 percent of 
                the non-Federal share of such costs shall be 
                provided from private or nonprofit sources.
    (k) Evaluation.--The Secretary shall conduct a thorough 
evaluation of the programs assisted under this section, which 
shall include an assessment of--
            (1) the number of children participating in each 
        program assisted under this section;
            (2) the academic achievement of such children;
            (3) school attendance and graduation rates of such 
        children; and
            (4) the number of such children being processed by 
        the juvenile justice system.

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

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

SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.

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

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

SEC. 30701. GRANT AUTHORITY.

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

SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.

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

                     Subtitle H--Police Recruitment

SEC. 30801. GRANT AUTHORITY.

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

SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.

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

                   Subtitle J--Local Partnership Act

SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.

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

                     ``CHAPTER 67--FEDERAL PAYMENTS

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

``Sec. 6701. Payments to local governments

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

``Sec. 6702. Local Government Fiscal Assistance Fund

    ``(a) Administration of Fund.--The Department of the 
Treasury has a Local Government Fiscal Assistance Fund, which 
consists of amounts appropriated to the Fund.
    ``(b) Authorization of Appropriations.--There are 
authorized to be appropriated to the Fund--
            ``(1) $270,000,000 for fiscal year 1996;
            ``(2) $283,500,000 for fiscal year 1997;
            ``(3) $355,500,000 for fiscal year 1998;
            ``(4) $355,500,000 for fiscal year 1999; and
            ``(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
    ``(c) Administrative Costs.--Up to 2.5 percent of the 
amount authorized to be appropriated under subsection (b) is 
authorized to be appropriated for the period fiscal year 1995 
through fiscal year 2000 to be available for administrative 
costs by the Secretary in furtherance of the purposes of the 
program. Such sums are to remain available until expended.

``Sec. 6703. Qualification for payment

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

``Sec. 6704. State area allocations; allocations and payments to 
                    territorial governments

    ``(a) Formula Allocation by State.--For each payment 
period, the Secretary shall allocate to each State out of the 
amount appropriated for the period under the authority of 
section 6702(b) (minus the amounts allocated to territorial 
governments under subsection (e) for the payment period) an 
amount bearing the same ratio to the amount appropriated (minus 
such amounts allocated under subsection (e)) as the amount 
allocated to the State under this section bears to the total 
amount allocated to all States under this section. The 
Secretary shall--
            ``(1) determine the amount allocated to the State 
        under subsection (b) or (c) of this section and 
        allocate the larger amount to the State; and
            ``(2) allocate the amount allocated to the State to 
        units of general local government in the State under 
        sections 6705 and 6706.
    ``(b) General Formula.--
            ``(1) In general.--For the payment period beginning 
        October 1, 1994, the amount allocated to a State under 
        this subsection for a payment period is the amount 
        bearing the same ratio to $5,300,000,000 as--
                    ``(A) the population of the State, 
                multiplied by the general tax effort factor of 
                the State (determined under paragraph (2)), 
                multiplied by the relative income factor of the 
                State (determined under paragraph (3)), 
                multiplied by the relative rate of the labor 
                force unemployed in the State (determined under 
                paragraph (4)); bears to
                    ``(B) the sum of the products determined 
                under subparagraph (A) of this paragraph for 
                all States.
            ``(2) General tax effort factor.--The general tax 
        effort factor of a State for a payment period is--
                    ``(A) the net amount of State and local 
                taxes of the State collected during the year 
                1991 as reported by the Bureau of the Census in 
                the publication Government Finances 1990-1991; 
                divided by
                    ``(B) the total income of individuals, as 
                determined by the Secretary of Commerce for 
                national accounts purposes for 1992 as reported 
                in the publication Survey of Current Business 
                (August 1993), attributed to the State for the 
                same year.
            ``(3) Relative income factor.--The relative income 
        factor of a State is a fraction in which--
                    ``(A) the numerator is the per capita 
                income of the United States; and
                    ``(B) the denominator is the per capita 
                income of the State.
            ``(4) Relative rate of labor force.--The relative 
        rate of the labor force unemployed in a State is a 
        fraction in which--
                    ``(A) the numerator is the percentage of 
                the labor force of the State that is unemployed 
                in the calendar year preceding the payment 
                period (as determined by the Secretary of Labor 
                for general statistical purposes); and
                    ``(B) the denominator is the percentage of 
                the labor force of the United States that is 
                unemployed in the calendar year preceding the 
                payment period (as determined by the Secretary 
                of Labor for general statistical purposes).
    ``(c) Alternative Formula.--For the payment period 
beginning October 1, 1994, the amount allocated to a State 
under this subsection for a payment period is the total amount 
the State would receive if--
            ``(1) $1,166,666,667 were allocated among the 
        States on the basis of population by allocating to each 
        State an amount bearing the same ratio to the total 
        amount to be allocated under this paragraph as the 
        population of the State bears to the population of all 
        States;
            ``(2) $1,166,666,667 were allocated among the 
        States on the basis of population inversely weighted 
        for per capita income, by allocating to each State an 
        amount bearing the same ratio to the total amount to be 
        allocated under this paragraph as--
                    ``(A) the population of the State, 
                multiplied by a fraction in which--
                            ``(i) the numerator is the per 
                        capita income of all States; and
                            ``(ii) the denominator is the per 
                        capita income of the State; bears to
                    ``(B) the sum of the products determined 
                under subparagraph (A) for all States;
            ``(3) $600,000,000 were allocated among the States 
        on the basis of income tax collections by allocating to 
        each State an amount bearing the same ratio to the 
        total amount to be allocated under this paragraph as 
        the income tax amount of the State (determined under 
        subsection (d)(1)) bears to the sum of the income tax 
        amounts of all States;
            ``(4) $600,000,000 were allocated among the States 
        on the basis of general tax effort by allocating to 
        each State an amount bearing the same ratio to the 
        total amount to be allocated under this paragraph as 
        the general tax effort amount of the State (determined 
        under subsection (d)(2)) bears to the sum of the 
        general tax effort amounts of all States;
            ``(5) $600,000,000 were allocated among the States 
        on the basis of unemployment by allocating to each 
        State an amount bearing the same ratio to the total 
        amount to be allocated under this paragraph as--
                    ``(A) the labor force of the State, 
                multiplied by a fraction in which--
                            ``(i) the numerator is the 
                        percentage of the labor force of the 
                        State that is unemployed in the 
                        calendar year preceding the payment 
                        period (as determined by the Secretary 
                        of Labor for general statistical 
                        purposes); and
                            ``(ii) the denominator is the 
                        percentage of the labor force of the 
                        United States that is unemployed in the 
                        calendar year preceding the payment 
                        period (as determined by the Secretary 
                        of Labor for general statistical 
                        purposes)

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

``Sec. 6705. Local government allocations

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

``Sec. 6706. Income gap multiplier

    ``For purposes of determining the income gap of a unit of 
general local government under section 6705(b)(4)(A), the 
number which applies is--
            ``(1) 1.6, with respect to \1/2\ of any amount 
        allocated under section 6704 to the State in which the 
        unit is located; and
            ``(2) 1.2, with respect to the remainder of such 
        amount.

``Sec. 6707. State variation of local government allocations

    ``(a) State Formula.--A State government may provide by law 
for the allocation of amounts among units of general local 
government in the State on the basis of population multiplied 
by the general tax effort factors or income gaps of the units 
of general local government determined under sections 6705 (a) 
and (b) or a combination of those factors. A State government 
providing for a variation of an allocation formula provided 
under sections 6705 (a) and (b) shall notify the Secretary of 
the variation by the 30th day before the beginning of the first 
payment period in which the variation applies. A variation 
shall--
            ``(1) provide for allocating the total amount 
        allocated under sections 6705 (a) and (b); and
            ``(2) apply uniformly in the State.
    ``(b) Certification.--A variation by a State government 
under this section may apply only if the Secretary certifies 
that the variation complies with this section. The Secretary 
may certify a variation only if the Secretary is notified of 
the variation at least 30 days before the first payment period 
in which the variation applies.

``Sec. 6708. Adjustments of local government allocations

    ``(a) Maximum Amount.--The amount allocated to a unit of 
general local government for a payment period may not exceed 
the adjusted taxes imposed by the unit of general local 
government as determined under section 6705(b)(3). Amounts in 
excess of adjusted taxes shall be paid to the Governor of the 
State in which the unit of local government is located.
    ``(b) De Minimis Allocations to Units of General Local 
Government.--If the amount allocated to a unit of general local 
government (except an Indian tribe or an Alaskan native 
village) for a payment period would be less than $5,000 but for 
this subsection or is waived by the governing authority of the 
unit of general local government, the Secretary shall pay the 
amount to the Governor of the State in which the unit is 
located.
    ``(c) Use of Payments to States.--The Governor of a State 
shall use all amounts paid to the Governor under subsections 
(a) and (b) for programs described in section 6701(a)(2) in 
areas of the State where are located the units of general local 
government with respect to which amounts are paid under 
subsection (b).
    ``(d) De Minimis Allocations to Indian Tribes and Alaskan 
Native Villages.--
            ``(1) Aggregation of de minimis allocations.--If 
        the amount allocated to an Indian tribe or an Alaskan 
        native village for a payment period would be less than 
        $5,000 but for this subsection or is waived by the 
        chief elected official of the tribe or village, the 
        amount--
                    ``(A) shall not be paid to the tribe or 
                village (except under paragraph (2)); and
                    ``(B) shall be aggregated with other such 
                amounts and available for use by the Attorney 
                General under paragraph (2).
            ``(2) Use of aggregated amounts.--Amounts 
        aggregated under paragraph (1) for a payment period 
        shall be available for use by the Attorney General to 
        make grants in the payment period on a competitive 
        basis to Indian Tribes and Alaskan native village for--
                    ``(A) programs described in section 
                6701(a)(2); or
                    ``(B) renovating or building prisons or 
                other correctional facilities.

``Sec. 6709. Information used in allocation formulas

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

``Sec. 6710. Public participation

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

``Sec. 6711. Prohibited discrimination

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

``Sec. 6712. Discrimination proceedings

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

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

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

``Sec. 6714. Compliance agreements

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

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

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

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

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

``Sec. 6717. Judicial review

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

``Sec. 6718. Investigations and reviews

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

``Sec. 6719. Reports

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

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

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

SEC. 31002. TECHNICAL AMENDMENT.

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

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

          Subtitle K--National Community Economic Partnership

SEC. 31101. SHORT TITLE.

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

       CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

SEC. 31111. PURPOSE.

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

SEC. 31112. PROVISION OF ASSISTANCE.

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

SEC. 31113. APPROVAL OF APPLICATIONS.

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

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

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

SEC. 31115. LIMITATIONS ON USE OF FUNDS.

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

SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.

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

         CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.

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

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

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

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 31131. DEFINITIONS.

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

SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 31133. PROHIBITION.

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

             Subtitle O--Urban Recreation and At-Risk Youth

SEC. 31501. PURPOSE OF ASSISTANCE.

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

SEC. 31502. DEFINITIONS.

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

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

SEC. 31503. CRITERIA FOR SELECTION.

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

SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.

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

SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

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

       Subtitle Q--Community-Based Justice Grants for Prosecutors

SEC. 31701. GRANT AUTHORIZATION.

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

SEC. 31702. USE OF FUNDS.

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

SEC. 31703. APPLICATIONS.

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

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

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

SEC. 31705. AWARD OF GRANTS.

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

SEC. 31706. REPORTS.

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

SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 31708. DEFINITIONS.

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

             Subtitle S--Family Unity Demonstration Project

SEC. 31901. SHORT TITLE.

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

SEC. 31902. PURPOSE.

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

SEC. 31903. DEFINITIONS.

    In this subtitle--
            ``child'' means a person who is less than 7 years 
        of age.
            ``community correctional facility'' means a 
        residential facility that--
                    (A) is used only for eligible offenders and 
                their children under 7 years of age;
                    (B) is not within the confines of a jail or 
                prison;
                    (C) houses no more than 50 prisoners in 
                addition to their children; and
                    (D) provides to inmates and their 
                children--
                            (i) a safe, stable, environment for 
                        children;
                            (ii) pediatric and adult medical 
                        care consistent with medical standards 
                        for correctional facilities;
                            (iii) programs to improve the 
                        stability of the parent-child 
                        relationship, including educating 
                        parents regarding--
                                    (I) child development; and
                                    (II) household management;
                            (iv) alcoholism and drug addiction 
                        treatment for prisoners; and
                            (v) programs and support services 
                        to help inmates--
                                    (I) to improve and maintain 
                                mental and physical health, 
                                including access to counseling;
                                    (II) to obtain adequate 
                                housing upon release from State 
                                incarceration;
                                    (III) to obtain suitable 
                                education, employment, or 
                                training for employment; and
                                    (IV) to obtain suitable 
                                child care.
            ``eligible offender'' means a primary caretaker 
        parent who--
                    (A) has been sentenced to a term of 
                imprisonment of not more than 7 years or is 
                awaiting sentencing for a conviction punishable 
                by such a term of imprisonment; and
                    (B) has not engaged in conduct that--
                            (i) knowingly resulted in death or 
                        serious bodily injury;
                            (ii) is a felony for a crime of 
                        violence against a person; or
                            (iii) constitutes child neglect or 
                        mental, physical, or sexual abuse of a 
                        child.
            ``primary caretaker parent'' means--
                    (A) a parent who has consistently assumed 
                responsibility for the housing, health, and 
                safety of a child prior to incarceration; or
                    (B) a woman who has given birth to a child 
                after or while awaiting her sentencing hearing 
                and who expresses a willingness to assume 
                responsibility for the housing, health, and 
                safety of that child,
        a parent who, in the best interest of a child, has 
        arranged for the temporary care of the child in the 
        home of a relative or other responsible adult shall not 
        for that reason be excluded from the category ``primary 
        caretaker''.
            ``State'' means a State, the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, American Samoa, Guam, and the Northern 
        Mariana Islands.

SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.

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

                      CHAPTER 1--GRANTS TO STATES

SEC. 31911. AUTHORITY TO MAKE GRANTS.

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

SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.

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

SEC. 31913. REPORT.

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

  CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.

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

SEC. 31922. REQUIREMENTS.

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

Subtitle T--Substance Abuse Treatment in Federal Prisons<greek-l> FROM 
                           103H3350.EH  deg.

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<greek-l> FROM 103H3354.EH  deg.

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

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

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

``SEC. 1901. GRANT AUTHORIZATION.

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

``SEC. 1902. STATE APPLICATIONS.

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

``SEC. 1903. REVIEW OF STATE APPLICATIONS.

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

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

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

``SEC. 1905. EVALUATION.

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

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

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

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

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

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

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

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

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

           Subtitle X--Gang Resistance Education and Training

SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.

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

                    TITLE IV--VIOLENCE AGAINST WOMEN

SEC. 40001. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Act 
of 1994''.

                   Subtitle A--Safe Streets for Women

SEC. 40101. SHORT TITLE.

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

              CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES

SEC. 40111. REPEAT OFFENDERS.

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

``Sec. 2247. Repeat offenders

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

``2247. Repeat offenders.''.

SEC. 40112. FEDERAL PENALTIES.

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

SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.

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

``Sec. 2248. Mandatory restitution

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

``2248. Mandatory restitution.''.

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

``Sec. 2259. Mandatory restitution

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

``2259. Mandatory restitution.''.

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

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

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

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

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

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

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

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

``SEC. 2002. STATE GRANTS.

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

``SEC. 2003. DEFINITIONS.

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

``SEC. 2004. GENERAL TERMS AND CONDITIONS.

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

``SEC. 2005. RAPE EXAM PAYMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                    CHAPTER 4--NEW EVIDENTIARY RULES

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

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

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

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

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

           CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

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

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

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

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

SEC. 40152. TRAINING PROGRAMS.

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

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

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

SEC. 40154. INFORMATION PROGRAMS.

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

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

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


        ``grants for prevention of sexual abuse and exploitation


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

SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.

    (a) Court-Appointed Special Advocate Program.--
            (1) Reauthorization.--Section 218(a) of the Victims 
        of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is 
        amended to read as follows:
    ``(a) Authorization.--There are authorized to be 
appropriated to carry out this subtitle--
            ``(1) $6,000,000 for fiscal year 1996;
            ``(2) $6,000,000 for fiscal year 1997;
            ``(3) $7,000,000 for fiscal year 1998;
            ``(4) $9,000,000 for fiscal year 1999; and
            ``(5) $10,000,000 for fiscal year 2000.''.
            (2) Technical amendment.--Section 216 of the 
        Victims of Child Abuse Act of 1990 (42 U.S.C. 13012) is 
        amended by striking ``this chapter'' and inserting 
        ``this subtitle''.
    (b) Child Abuse Training Programs for Judicial Personnel 
and Practitioners.--
            (1) Reauthorization.--Section 224(a) of the Victims 
        of Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is 
        amended to read as follows:
    ``(a) Authorization.--There are authorized to be 
appropriated to carry out this subtitle--
            ``(1) $750,000 for fiscal year 1996;
            ``(2) $1,000,000 for fiscal year 1997;
            ``(3) $2,000,000 for fiscal year 1998;
            ``(4) $2,000,000 for fiscal year 1999; and
            ``(5) $2,300,000 for fiscal year 2000.''.
            (2) Technical amendment.--Section 221(b) of the 
        Victims of Child Abuse Act of 1990 (42 U.S.C. 13021(b)) 
        is amended by striking ``this chapter'' and inserting 
        ``this subtitle''.
    (c) Grants for Televised Testimony.--Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended--
            (1) by amending section 1001(a)(7) (42 U.S.C. 
        3793(a)(7)) to read as follows:
    ``(7) There are authorized to be appropriated to carry out 
part N--
            ``(A) $250,000 for fiscal year 1996;
            ``(B) $1,000,000 for fiscal year 1997;
            ``(C) $1,000,000 for fiscal year 1998;
            ``(D) $1,000,000 for fiscal year 1999; and
            ``(E) $1,000,000 for fiscal year 2000.'';
            (2) in section 1402 (42 U.S.C. 3796aa-1) by 
        striking ``to States, for the use of States and units 
        of local government in the States'';
            (3) in section 1403 (42 U.S.C. 3796aa-2)--
                    (A) by inserting ``or unit of local 
                government'' after ``of a State'';
                    (B) by inserting ``and'' after paragraph 
                (1);
                    (C) in paragraph (2) by striking the 
                semicolon at the end and inserting a period; 
                and
                    (D) by striking paragraphs (3) and (4);
            (4) in section 1404 (42 U.S.C. 3796aa-3)--
                    (A) in subsection (a)--
                            (i) by striking ``The Bureau'' and 
                        all that follows through ``determining 
                        that'' and inserting ``An applicant is 
                        eligible to receive a grant under this 
                        part if--'';
                            (ii) in paragraph (1) by striking 
                        ``there is in effect in such State'' 
                        and inserting ``the applicant certifies 
                        and the Director determines that there 
                        is in effect in the State'';
                            (iii) in paragraph (2) by striking 
                        ``such State law shall meet'' and 
                        inserting ``the applicant certifies and 
                        the Director determines that State law 
                        meets'';
                            (iv) by inserting ``and'' after 
                        subparagraph (E);
                            (v) in paragraph (3)--
                                    (I) by inserting ``the 
                                Director determines that'' 
                                before ``the application''; and
                                    (II) by striking ``; and'' 
                                and inserting a period;
                            (vi) by striking paragraph (4);
                            (vii) by striking ``Each 
                        application'' and inserting the 
                        following:
    ``(b) Each application''; and
                            (viii) by striking ``the Bureau'' 
                        each place it appears and inserting 
                        ``the Director''; and
                    (B) by redesignating subsection (b) as 
                subsection (c) and by striking ``The Bureau'' 
                and inserting ``The Director'';
            (5) by striking section 1405 (42 U.S.C. 3796aa-4);
            (6) in section 1406 (42 U.S.C. 3796aa-5)--
                    (A) in subsection (a)--
                            (i) by striking ``State which'' and 
                        inserting ``State or unit of local 
                        government that'';
                            (ii) by striking ``title'' and 
                        inserting ``part''; and
                            (iii) in paragraph (1) by striking 
                        ``State''; and
                    (B) in subsection (b)(1) by striking ``such 
                State'' and inserting ``the State and units of 
                local government in the State'';
            (7) in section 1407 (42 U.S.C. 3796aa-6)--
                    (A) in subsection (c)--
                            (i) by striking ``Each State'' and 
                        all that follows through ``effective 
                        audit'' and inserting ``Grant 
                        recipients (or private organizations 
                        with which grant recipients have 
                        contracted to provide equipment or 
                        training using grant funds) shall keep 
                        such records as the Director may 
                        require by rule to facilitate such an 
                        audit.''; and
                            (ii) in paragraph (2) by striking 
                        ``States which receive grants, and of 
                        units of local government which receive 
                        any part of a grant made under this 
                        part'' and inserting ``grant recipients 
                        (or private organizations with which 
                        grant recipients have contracted to 
                        provide equipment or training using 
                        grant funds)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) Utilization of Private Sector.--Nothing in this part 
shall prohibit the utilization of any grant funds to contract 
with a private organization to provide equipment or training 
for the televising of testimony as contemplated by the 
application submitted by an applicant.'';
            (8) by striking section 1408 (42 U.S.C. 3796aa-7); 
        and
            (9) in the table of contents--
                    (A) in the item relating to section 1405 by 
                striking ``Allocation and distribution of funds 
                under formula grants'' and inserting 
                ``(Repealed)''; and
                    (B) in the item relating to section 1408 by 
                striking ``State office'' and inserting 
                ``(Repealed)''.

                    Subtitle B--Safe Homes for Women

SEC. 40201. SHORT TITLE.

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

             CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE

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

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

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

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

                   CHAPTER 2--INTERSTATE ENFORCEMENT

SEC. 40221. INTERSTATE ENFORCEMENT.

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

                   ``CHAPTER 110A--DOMESTIC VIOLENCE

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

``Sec. 2261. Interstate domestic violence

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

or both fined and imprisoned.

``Sec. 2262. Interstate violation of protection order

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

or both fined and imprisoned.

``Sec. 2263. Pretrial release of defendant

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

``Sec. 2264. Restitution

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

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

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

``Sec. 2266. Definitions

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

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

         CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES

SEC. 40231. ENCOURAGING ARREST POLICIES.

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

             ``PART U--GRANTS TO ENCOURAGE ARREST POLICIES

``SEC. 2101. GRANTS.

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

``SEC. 2102. APPLICATIONS.

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

``SEC. 2103. REPORTS.

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

``SEC. 2104. REGULATIONS OR GUIDELINES.

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

``SEC. 2105. DEFINITIONS.

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

              ``Part U--Grants to Encourage Arrest Policies

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

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

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

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

                       CHAPTER 4--SHELTER GRANTS

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

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

                       CHAPTER 5--YOUTH EDUCATION

SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

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

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

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

           CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

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

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

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

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

   CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS

SEC. 40271. GRANTEE REPORTING.

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

SEC. 40272. TECHNICAL AMENDMENTS.

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

             CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS

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

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

                      CHAPTER 9--DATA AND RESEARCH

SEC. 40291. RESEARCH AGENDA.

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

SEC. 40292. STATE DATABASES.

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

SEC. 40293. NUMBER AND COST OF INJURIES.

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

    CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

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

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

                   Subtitle C--Civil Rights for Women

SEC. 40301. SHORT TITLE.

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

SEC. 40302. CIVIL RIGHTS.

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

SEC. 40303. ATTORNEY'S FEES.

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

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

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

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

SEC. 40401. SHORT TITLE.

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

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

SEC. 40411. GRANTS AUTHORIZED.

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

SEC. 40412. TRAINING PROVIDED BY GRANTS.

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

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

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

SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle E--Violence Against Women Act Improvements

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

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

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

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

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

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

SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.

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

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

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

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

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

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

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

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

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

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

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

      Subtitle F--National Stalker and Domestic Violence Reduction

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

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

SEC. 40602. GRANT PROGRAM.

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

SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 40604. APPLICATION REQUIREMENTS.

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

SEC. 40605. DISBURSEMENT.

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

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

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

SEC. 40607. TRAINING PROGRAMS FOR JUDGES.

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

SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.

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

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

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

SEC. 40610. REPORT TO CONGRESS.

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

SEC. 40611. DEFINITIONS.

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

   Subtitle G--Protections for Battered Immigrant Women and Children

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

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

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

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

SEC. 40703. SUSPENSION OF DEPORTATION.

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

                          TITLE V--DRUG COURTS

SEC. 50001. DRUG COURTS.

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

                         ``PART V--DRUG COURTS

``SEC. 2201. GRANT AUTHORITY.

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

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

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

``SEC. 2203. DEFINITION.

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

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

``SEC. 2204. ADMINISTRATION.

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

``SEC. 2205. APPLICATIONS.

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

``SEC. 2206. FEDERAL SHARE.

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

``SEC. 2207. GEOGRAPHIC DISTRIBUTION.

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

``SEC. 2208. REPORT.

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

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

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

                          ``Part V--Drug Courts

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

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

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

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

SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.

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

                        TITLE VI--DEATH PENALTY

SEC. 60001. SHORT TITLE.

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

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

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

                     ``CHAPTER 228--DEATH SENTENCE

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

``Sec. 3591. Sentence of death

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``Sec. 3597. Use of State facilities

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

``Sec. 3598. Special provisions for Indian country

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

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

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

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

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

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

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

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

``Sec. 1118. Murder by a Federal prisoner

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

SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, 
United States Code, is amended by striking the period at the 
end of the last sentence and inserting ``, or may be sentenced 
to death.''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 
of title 18, United States Code, is amended by striking the 
period at the end of the last sentence and inserting ``, or may 
be sentenced to death.''.
    (c) Federally Protected Activities.--Section 245(b) of 
title 18, United States Code, is amended in the matter 
following paragraph (5) by inserting ``, or may be sentenced to 
death'' after ``or for life''.
    (d) Damage to Religious Property; Obstruction of the Free 
Exercise of Religious Rights.--Section 247(c)(1) of title 18, 
United States Code, is amended by inserting ``, or may be 
sentenced to death'' after ``or both''.

SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT 
                    OFFICIALS.

    Section 1114 of title 18, United States Code, is amended by 
striking ``punished as provided under sections 1111 and 1112 of 
this title,'' and inserting ``punished, in the case of murder, 
as provided under section 1111, or, in the case of 
manslaughter, as provided under section 1112.''.

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

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

``Sec. 36. Drive-by shooting

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

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

SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.

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

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

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

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

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

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

``Sec. 2245. Sexual abuse resulting in death

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

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

SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.

    Section 2251(d) of title 18, United States Code, is amended 
by adding at the end the following: ``Whoever, in the course of 
an offense under this section, engages in conduct that results 
in the death of a person, shall be punished by death or 
imprisoned for any term of years or for life.''.

SEC. 60012. MURDER BY ESCAPED PRISONERS.

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

``Sec. 1120. Murder by escaped prisoners

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

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

<greek-l> H4  deg.SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING 
                    FEDERAL CRIMES OF VIOLENCE AND DRUG TRAFFICKING 
                    CRIMES.

    Section 924 of title 18, United States Code, is amended by 
adding at the end the following new subsection:
    ``(i) A person who, in the course of a violation of 
subsection (c), causes the death of a person through the use of 
a firearm, shall--
            ``(1) if the killing is a murder (as defined in 
        section 1111), be punished by death or by imprisonment 
        for any term of years or for life; and
            ``(2) if the killing is manslaughter (as defined in 
        section 1112), be punished as provided in that 
        section.''.

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

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

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

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

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

    ``(a) Whoever intentionally kills--
            ``(1) a State or local official, law enforcement 
        officer, or other officer or employee while working 
        with Federal law enforcement officials in furtherance 
        of a Federal criminal investigation--
                    ``(A) while the victim is engaged in the 
                performance of official duties;
                    ``(B) because of the performance of the 
                victim's official duties; or
                    ``(C) because of the victim's status as a 
                public servant; or
            ``(2) any person assisting a Federal criminal 
        investigation, while that assistance is being rendered 
        and because of it,

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

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

SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.

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

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

    Section 1513 of title 18, United States Code, is amended--
            (1) by redesignating subsections (a) and (b) as 
        subsections (b) and (c), respectively; and
            (2) by inserting after the section heading the 
        following new subsection:
    ``(a)(1) Whoever kills or attempts to kill another person 
with intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an 
        official proceeding, or any testimony given or any 
        record, document, or other object produced by a witness 
        in an official proceeding; or
            ``(B) providing to a law enforcement officer any 
        information relating to the commission or possible 
        commission of a Federal offense or a violation of 
        conditions of probation, parole, or release pending 
        judicial proceedings,

shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection 
is--
            ``(A) in the case of a killing, the punishment 
        provided in sections 1111 and 1112; and
            ``(B) in the case of an attempt, imprisonment for 
        not more than 20 years.''.

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

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

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

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

``Sec. 2280. Violence against maritime navigation

    ``(a) Offenses.--
            ``(1) In general.--A person who unlawfully and 
        intentionally--
                    ``(A) seizes or exercises control over a 
                ship by force or threat thereof or any other 
                form of intimidation;
                    ``(B) performs an act of violence against a 
                person on board a ship if that act is likely to 
                endanger the safe navigation of that ship;
                    ``(C) destroys a ship or causes damage to a 
                ship or to its cargo which is likely to 
                endanger the safe navigation of that ship;
                    ``(D) places or causes to be placed on a 
                ship, by any means whatsoever, a device or 
                substance which is likely to destroy that ship, 
                or cause damage to that ship or its cargo which 
                endangers or is likely to endanger the safe 
                navigation of that ship;
                    ``(E) destroys or seriously damages 
                maritime navigational facilities or seriously 
                interferes with their operation, if such act is 
                likely to endanger the safe navigation of a 
                ship;
                    ``(F) communicates information, knowing the 
                information to be false and under circumstances 
                in which such information may reasonably be 
                believed, thereby endangering the safe 
                navigation of a ship;
                    ``(G) injures or kills any person in 
                connection with the commission or the attempted 
                commission of any of the offenses set forth in 
                subparagraphs (A) through (F); or
                    ``(H) attempts to do any act prohibited 
                under subparagraphs (A) through (G),

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

``Sec. 2281. Violence against maritime fixed platforms

    ``(a) Offenses.--
            ``(1) In general.--A person who unlawfully and 
        intentionally--
                    ``(A) seizes or exercises control over a 
                fixed platform by force or threat thereof or 
                any other form of intimidation;
                    ``(B) performs an act of violence against a 
                person on board a fixed platform if that act is 
                likely to endanger its safety;
                    ``(C) destroys a fixed platform or causes 
                damage to it which is likely to endanger its 
                safety;
                    ``(D) places or causes to be placed on a 
                fixed platform, by any means whatsoever, a 
                device or substance which is likely to destroy 
                that fixed platform or likely to endanger its 
                safety;
                    ``(E) injures or kills any person in 
                connection with the commission or the attempted 
                commission of any of the offenses set forth in 
                subparagraphs (A) through (D); or
                    ``(F) attempts to do anything prohibited 
                under subparagraphs (A) through (E),

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

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

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

SEC. 60020. TORTURE.

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

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

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

``Sec. 37. Violence at international airports

    ``(a) Offense.--A person who unlawfully and intentionally, 
using any device, substance, or weapon--
            ``(1) performs an act of violence against a person 
        at an airport serving international civil aviation that 
        causes or is likely to cause serious bodily injury (as 
        defined in section 1365 of this title) or death; or
            ``(2) destroys or seriously damages the facilities 
        of an airport serving international civil aviation or a 
        civil aircraft not in service located thereon or 
        disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at 
that airport, or attempts to do such an act, shall be fined 
under this title, imprisoned not more than 20 years, or both; 
and if the death of any person results from conduct prohibited 
by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Jurisdiction.--There is jurisdiction over the 
prohibited activity in subsection (a) if--
            ``(1) the prohibited activity takes place in the 
        United States; or
            ``(2) the prohibited activity takes place outside 
        the United States and the offender is later found in 
        the United States.
    ``(c) It is a bar to Federal persecution under subsection 
(a) for conduct that occurred within the United States that the 
conduct involved was during or in relation to a labor dispute, 
and such conduct is prohibited as a felony under the law of the 
State in which it was committed. For purposes of this section, 
the term `labor dispute' has the meaning set forth in section 
2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 
113(c)).
    (b) Technical Amendment.--The chapter analysis for chapter 
2 of title 18, United States Code, as amended by section 
60008(c), is amended by adding at the end the following new 
item:

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

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

SEC. 60022. TERRORIST DEATH PENALTY ACT.

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

SEC. 60023. WEAPONS OF MASS DESTRUCTION.

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

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

    ``(a) Offense.--A person who uses, or attempts or conspires 
to use, a weapon of mass destruction--
            ``(1) against a national of the United States while 
        such national is outside of the United States;
            ``(2) against any person within the United States; 
        or
            ``(3) against any property that is owned, leased or 
        used by the United States or by any department or 
        agency of the United States, whether the property is 
        within or outside of the United States,

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

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

SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

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

SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

    Section 3432 of title 18, United States Code, is amended by 
inserting before the period the following: ``, except that such 
list of the veniremen and witnesses need not be furnished if 
the court finds by a preponderance of the evidence that 
providing the list may jeopardize the life or safety of any 
person''.

SEC. 60026. APPOINTMENT OF COUNSEL.

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

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

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

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

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

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

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

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

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

                         TITLE IX--DRUG CONTROL

         Subtitle A--Enhanced Penalties and General Provisions

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

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

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

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

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

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

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

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

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

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

SEC. 90106. ADVERTISING.

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

SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.

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

        Subtitle B--National Narcotics Leadership Act Amendments

SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.

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

SEC. 90202. OFFICE PERSONNEL RESTRICTION.

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

SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.

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

SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

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

SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.

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

SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

                   TITLE X--DRUNK DRIVING PROVISIONS

SEC. 100001. SHORT TITLE.

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

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

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

SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.

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

                           TITLE XI--FIREARMS

                      Subtitle A--Assault Weapons

SEC. 110101. SHORT TITLE.

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

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

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

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

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

SEC. 110104. STUDY BY ATTORNEY GENERAL.

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

SEC. 110105. EFFECTIVE DATE.

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

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

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

                              ``APPENDIX A

                     Centerfire Rifles--Autoloaders

Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle

                    Centerfire Rifles--Lever & Slide

Browning Model 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30" Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rilfe
Uberti 1873 Sporting Rifle
Winchester Model 94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side Eject
Winchester Model 94 Big Bore Side Eject
Winchester Model 94 Ranger Side Eject Lever-Action Rifle
Winchester Model 94 Wrangler Side Eject

                     Centerfire Rifles--Bolt Action

Alpine Bolt-Action Rifle
A-Square Caesar Bolt-Action Rifle
A-Square Hannibal Bolt-Action Rifle
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian Bolt-Action Rifle
Anschutz 1733D Mannlicher Rifle
Barret Model 90 Bolt-Action Rifle
Beeman/HW 60J Bolt-Action Rifle
Blaser R84 Bolt-Action Rifle
BRNO 537 Sporter Bolt-Action Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action Rifles
Browning A-Bolt Rifle
Browning A-Bolt Stainless Stalker
Browning A-Bolt Left Hand
Browning A-Bolt Short Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter
Cooper Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100A1 Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
Krico Model 700 Bolt-Action Rifles
Mauser Model 66 Bolt-Action Rifle
Mauser Model 99 Bolt-Action Rifle
McMillan Signature Classic Sporter
McMillan Signature Super Varminter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain Rifle
McMillan Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle
Navy Arms TU-33/40 Carbine
Parker-Hale Model 81 Classic Rifle
Parker-Hale Model 81 Classic African Rifle
Parker-Hale Model 1000 Rifle
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip Rifle
Parker-Hale Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland Rifle
Parker-Hale Model 2700 Lightweight Rifle
Parker-Hale Model 2800 Midland Rifle
Remington Model Seven Bolt-Action Rifle
Remington Model Seven Youth Rifle
Remington Model Seven Custom KS
Remington Model Seven Custom MS Rifle
Remington 700 ADL Bolt-Action Rifle
Remington 700 BDL Bolt-Action Rifle
Remington 700 BDL Varmint Special
Remington 700 BDL European Bolt-Action Rifle
Remington 700 Varmint Synthetic Rifle
Remington 700 BDL SS Rifle
Remington 700 Stainless Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain Rifle
Remington 700 Custom KS Mountain Rifle
Remington 700 Classic Rifle
Ruger M77 Mark II Rifle
Ruger M77 Mark II Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark II Express Rifle
Ruger M77VT Target Rifle
Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sako Hunter LS Rifle
Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style Carbine
Sako Varmint Heavy Barrel
Sako TRG-S Bolt-Action Rifle
Sauer 90 Bolt-Action Rifle
Savage 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV Varmint Rifle
Savage 112FV Varmint Rifle
Savage Model 112FVS Varmint Rifle
Savage Model 112BV Heavy Barrel Varmint Rifle
Savage 116FSS Bolt-Action Rifle
Savage Model 116FSK Kodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka Whitetail/Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 91 Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Deluxe Bolt-Action Rifle
Weatherby Lasermark V Rifle
Weatherby Mark V Crown Custom Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Classicmark No. 1 Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
Winchester Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic Heavy Varmint Rifle
Winchester Model 70 DBM Rifle
Winchester Model 70 DBM-S Rifle
Winchester Model 70 Featherweight
Winchester Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight Classic
Winchester Model 70 Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70 Super Express Magnum
Winchester Model 70 Super Grade
Winchester Model 70 Custom Sharpshooter
Winchester Model 70 Custom Sporting Sharpshooter Rifle

                     Centerfire Rifles--Single Shot

Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 1B Single Shot
Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle
Ruger No. 1S Medium Sporter
Ruger No. 1 RSI International
Ruger No. 1V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic Sharps
C. Sharps Arms New Model 1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
Shiloh Sharps 1874 Military Carbine
Shiloh Sharps 1874 Business Rifle
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
Thompson/Center Contender Carbine
Thompson/Center Stainless Contender Carbine
Thompson/Center Contender Carbine Survival System
Thompson/Center Contender Carbine Youth Model
Thompson/Center TCR '87 Single Shot Rifle
Uberti Rolling Block Baby Carbine

               Drillings, Combination Guns, Double Rifles

Beretta Express SSO O/U Double Rifles
Beretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 55B O/U Double Rifle
Heym Model 55FW O/U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck O/U Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/Under Double Rifles
Savage 24F O/U Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6 Scout Rifle/Shotgun
Tikka Model 412s Combination Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shotgun O/U Combo

                       Rimfire Rifles--Autoloaders

AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle

                  Rimfire Rifles--Lever & Slide Action

Browning BL-22 Lever-Action Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-Action Rifle
Remington 572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifle
Rossi Model 62 SA Pump Rifle
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle

               Rimfire Rifles--Bolt Actions & Single Shots

Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher Rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM-452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT-22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN ``Little Buckaroo''
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU-KKW Training Rifle
Navy Arms TU-33/40 Carbine
Navy Arms TU-KKW Sniper Trainer
Norinco JW-27 Bolt-Action Rifle
Norinco JW-15 Bolt-Action Rifle
Remington 541-T
Remington 40-XR Rimfire Custom sporter
Remington 541-T HB Bolt-Action Rifle
Remington 581-S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light Arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle

                Competition Rifles--Centerfire & Rimfire

Anschutz 64-MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Intermediate Match
Anschutz 1911 Match Rifle
Anschutz 54.18MS REP Deluxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle
Anschutz 1910 Super Match II
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Target Rifle
Cooper Arms Model TRP-1 ISU Standard Rifle
E.A.A./Weihrauch HW 60 Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target Rifle
Krico Model 360 S2 Biathlon Rifle
Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match Rifle
Krico Model 600 Sniper Rifle
Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target Rifle
Lakefield Arms Model 91T Target Rifle
Lakefield Arms Model 92S Silhouette Rifle
Marlin Model 2000 Target Rifle
Mauser Model 86-SR Specialty Rifle
McMillan M-86 Sniper Rifle
McMillan Combo M-87/M-88 50-Caliber Rifle
McMillan 300 Phoenix Long Range Rifle
McMillan M-89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 Sniper Rifle
Remington 40-XB Rangemaster Target Centerfire
Remington 40-XR KS Rimfire Position Rifle
Remington 40-XBBR KS
Remington 40-XC KS National Match Course Rifle
Sako TRG-21 Bolt-Action Rifle
Steyr-Mannlicher Match SPG-UIT Rifle
Steyr-Mannlicher SSG P-I Rifle
Steyr-Mannlicher SSG P-III Rifle
Steyr-Mannlicher SSG P-IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle

                          Shotguns--Autoloaders

American Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug Gun
Benelli M1 Super 90 Field Auto Shotgun
Benelli Montefeltro Super 90 20-Gauge Shotgun
Benelli Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto Shotgun
Benelli Black Eagle Competition Auto Shotgun
Beretta A-303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning BSA 10 Stalker Auto Shotgun
Browning A-500R Auto Shotgun
Browning A-500G Auto Shotgun
Browning A-500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11-87 Premier Shotgun
Remington 11-87 Sporting Clays
Remington 11-87 Premier Skeet
Remington 11-87 Premier Trap
Remington 11-87 Special Purpose Magnum
Remington 11-87 SPS-T Camo Auto Shotgun
Remington 11-87 Special Purpose Deer Gun
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun
Remington 11-87 SPS-Deer Shotgun
Remington 11-87 Special Purpose Synthetic Camo
Remington SP-10 Magnum-Camo Auto Shotgun
Remington SP-10 Magnum Auto Shotgun
Remington SP-10 Magnum Turkey Combo
Remington 1100 LT-20 Auto
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT-20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun

                         Shotguns--Slide Actions

Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Ithaca Model 87 Deluxe Pump Shotgun
Magtech Model 586-VR Pump Shotgun
Maverick Models 88, 91 Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
Mossberg Model 500 Muzzleloader Combo
Mossberg Model 500 Trophy Slugster
Mossberg Turkey Model 500 Pump
Mossberg Model 500 Bantam Pump
Mossberg Field Grade Model 835 Pump Shotgun
Mossberg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 Wingmaster Small Gauges
Remington 870 Express Rifle Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
Remington 870 SPS-T Camo Pump Shotgun
Remington 870 Special Field
Remington 870 Express Turkey
Remington 870 High Grades
Remington 870 Express
Remington Model 870 Express Youth Gun
Winchester Model 12 Pump Shotgun
Winchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
Winchester Model 1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump Gun

                          Shotguns--Over/Unders

American Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/U
American Arms Silver Trap O/U
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 O/U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/Under Field Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9 Shotguns
Beretta Sporting Clay Shotguns
Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O/U Shotgun
Browning Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/Under
E.A.A./Sabatti Sporting Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
Krieghoff K-80 Sporting Clays O/U
Krieghoff K-80 Skeet Shotgun
Krieghoff K-80 International Skeet
Krieghoff K-80 Four-Barrel Skeet Set
Krieghoff K-80/RT Shotguns
Krieghoff K-80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM-6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/U Shotgun
Merkel Model 200E O/U Shotgun
Merkel Model 200E Skeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 Over/Under Shotgun
Perazzi MX9 Single Over/Under Shotguns
Perazzi MX12 Hunting Over/Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Over/Under
Piotti Boss Over/Under Shotgun
Remington Peerless Over/Under Shotgun
Ruger Red Label O/U Shotgun
Ruger Sporting Clays O/U Shotgun
San Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U Shotgun
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under Shotgun
SKB Model 685 Over/Under Shotgun
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I O/U Shotgun
Stoeger/IGA ERA 2000 Over/Under Shotgun
Techni-Mec Model 610 Over/Under
Tikka Model 412S Field Grade Over/Under
Weatherby Athena Grade IV O/U Shotguns
Weatherby Athena Grade V Classic Field O/U
Weatherby Orion O/U Shotguns
Weatherby II, III Classic Field O/Us
Weatherby Orion II Classic Sporting Clays O/U
Weatherby Orion II Sporting Clays O/U
Winchester Model 1001 O/U Shotgun
Winchester Model 1001 Sporting Clays O/U
Pietro Zanoletti Model 2000 Field O/U

                         Shotguns--Side by Sides

American Arms Brittany Shotgun
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WS/SS 10
American Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12 Side-by-Side
Arrieta Sidelock Double Shotguns
Armsport 1050 Series Double Shotguns
Arizaga Model 31 Double Shotgun
AYA Boxlock Shotguns
AYA Sidelock Double Shotguns
Beretta Model 452 Sidelock Shotgun
Beretta Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150 Double
Chapuis Side-by-Side Shotgun
E.A.A./Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F VII Double Shotgun
Auguste Francotte Boxlock Shotgun
Auguste Francotte Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101 Side-by-Side
Garbi Model 103A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus Birdgun Doubles
Hatfield Uplander Shotgun
Merkel Model 8, 47E Side-by-Side Shotguns
Merkel Model 47LSC Sporting Clays Double
Merkel Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun

                  Shotguns--Bolt Actions & Single Shots

Armsport Single Barrel Shotgun
Browning BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special
Krieghoff K-80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90-T Super Single Shotgun
Snake Charmer II Shotgun
Stoeger/IGA Reuna Single Barrel Shotgun
Thompson/Center TCR '87 Hunter Shotgun.''.

                    Subtitle B--Youth Handgun Safety

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

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

                         Subtitle C--Licensure

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

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

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

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

SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.

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

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

    Section 923(g)(1)(B)(ii) of title 18, United States Code, 
is amended to read as follows:
                            ``(ii) for ensuring compliance with 
                        the record keeping requirements of this 
                        chapter--
                                    ``(I) not more than once 
                                during any 12-month period; or
                                    ``(II) at any time with 
                                respect to records relating to 
                                a firearm involved in a 
                                criminal investigation that is 
                                traced to the licensee.''.

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

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

SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.

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

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

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

                     Subtitle D--Domestic Violence

SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF 
                    FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC 
                    ABUSE.

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

                    Subtitle E--Gun Crime Penalties

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

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

SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE 
                    TO COMMIT A FELONY.

    Pursuant to its authority under section 994 of title 28, 
United States Code, the United States Sentencing Commission 
shall promulgate amendments to the sentencing guidelines to 
appropriately enhance penalties in a case in which a defendant 
convicted under section 844(h) of title 18, United States Code, 
has previously been convicted under that section.

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

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

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

SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

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

SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.

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

SEC. 110506. REVOCATION OF PROBATION.

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

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

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

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

    Section 842(i) of title 18, United States Code, is amended 
by inserting ``or possess'' after ``to receive''.

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

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

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

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

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

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

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

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

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

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

SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.

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

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

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

SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

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

SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

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

SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.

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

SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.

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

                          TITLE XII--TERRORISM

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

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

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

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

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

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

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

SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

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

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

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

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

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

SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

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

SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

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

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

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

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

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

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

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

SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

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

SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM 
                    INFORMATION.

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

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

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

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

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


 ``expedited deportation of aliens convicted of committing aggravated 
                              felonies'';


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

SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.

    (a) In General.--The Attorney General may provide for the 
expeditious adjudication of asylum claims and the expeditious 
deportation of asylum applicants whose applications have been 
finally denied, unless the applicant remains in an otherwise 
valid nonimmigrant status.
    (b) Employment Authorization.--Section 208 of the 
Immigration and Nationality Act (8 U.S.C. 1158) is amended by 
adding at the end the following new subsection:
    ``(e) An applicant for asylum is not entitled to employment 
authorization except as may be provided by regulation in the 
discretion of the Attorney General.''.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            (1) $64,000,000 for fiscal year 1995;
            (2) $90,000,000 for fiscal year 1996;
            (3) $93,000,000 for fiscal year 1997; and
            (4) $91,000,000 for fiscal year 1998.

SEC. 130006. IMPROVING BORDER CONTROLS.

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

SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

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

SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.

    (a) In General.--Subject to subsection (b) and 
notwithstanding any other provision of law, the Attorney 
General, in the discretion of the Attorney General, may accept, 
hold, administer, and utilize gifts of property and services 
(which may not include cash assistance) from State and local 
governments for the purpose of assisting the Immigration and 
Naturalization Service in the transportation of deportable 
aliens who are arrested for misdemeanor or felony crimes under 
State or Federal law and who are either unlawfully within the 
United States or willing to submit to voluntary departure under 
safeguards. Any property acquired pursuant to this section 
shall be acquired in the name of the United States.
    (b) Limitation.--The Attorney General shall terminate or 
rescind the exercise of the authority under subsection (a) if 
the Attorney General determines that the exercise of such 
authority has resulted in discrimination by law enforcement 
officials on the basis of race, color, or national origin.

SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.

    (a) In General.--Chapter 75 of title 18, United States 
Code, is amended--
            (1) in section 1541 by striking ``not more than 
        $500 or imprisoned not more than one year'' and 
        inserting ``under this title, imprisoned not more than 
        10 years'';
            (2) in each of sections 1542, 1543, and 1544 by 
        striking ``not more than $2,000 or imprisoned not more 
        than five years'' and inserting ``under this title, 
        imprisoned not more than 10 years'';
            (3) in section 1545 by striking ``not more than 
        $2,000 or imprisoned not more than three years'' and 
        inserting ``under this title, imprisoned not more than 
        10 years'';
            (4) in section 1546(a) by striking ``five years'' 
        and inserting ``10 years'';
            (5) in section 1546(b) by striking ``in accordance 
        with this title, or imprisoned not more than two 
        years'' and inserting ``under this title, imprisoned 
        not more than 5 years''; and
            (6) by adding at the end the following new section:

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

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

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

SEC. 130010. ASYLUM.

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

                       TITLE XIV--YOUTH VIOLENCE

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

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

SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.

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

SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.

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

SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.

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

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

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

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

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

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

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

SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.

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

                    TITLE XV--CRIMINAL STREET GANGS

SEC. 150001. CRIMINAL STREET GANGS.

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

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec. 521. Criminal street gangs

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

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

SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

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

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

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

SEC. 150004. MENTORING PROGRAM.

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


                      ``regulations and guidelines


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

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

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

SEC. 150006. GANG INVESTIGATION COORDINATION AND INFORMATION 
                    COLLECTION.

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

SEC. 150007. MULTIJURISDICTIONAL GANG TASK FORCES.

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

                      TITLE XVI--CHILD PORNOGRAPHY

SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD 
                    PORNOGRAPHY.

    (a) Import Related Offense.--Chapter 110 of title 18, 
United States Code, is amended by adding at the end the 
following new section:

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

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

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

            (2) Fine provisions.--Section 2251(d) of title 18, 
        United States Code, is amended--
                    (A) by striking ``not more than $100,000, 
                or'' and inserting ``under this title,'';
                    (B) by striking ``not more than $200,000, 
                or'' and inserting ``under this title,''; and
                    (C) by striking ``not more than $250,000'' 
                and inserting ``under this title''.
    (c) Section 2251 Penalty Enhancement.--Section 2251(d) of 
title 18, United States Code, is amended by striking ``this 
section'' the second place it appears and inserting ``this 
chapter or chapter 109A''.
    (d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) 
of title 18, United States Code, is amended by striking ``this 
section'' and inserting ``this chapter or chapter 109A''.
    (e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) 
of title 18, United States Code, are each amended by inserting 
``, or attempts or conspires to violate,'' after ``violates'' 
each place it appears.
    (f) RICO Amendment.--Section 1961(l) of title 18, United 
States Code, is amended by striking ``2251-2252'' and inserting 
``2251, 2251A, 2252, and 2258''.
    (g) Transportation of Minors.--Section 2423 of title 18, 
United States Code, is amended--
            (1) by striking ``(a) Whoever'' and inserting ``(a) 
        Transportation With Intent To Engage in Criminal Sexual 
        Activity.--A person who''; and
            (2) by adding at the end the following new 
        subsection:
    ``(b) Travel With Intent To Engage in Sexual Act With a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any sexual act (as defined in section 
2245) with a person under 18 years of age that would be in 
violation of chapter 109A if the sexual act occurred in the 
special maritime and territorial jurisdiction of the United 
States shall be fined under this title, imprisoned not more 
than 10 years, or both.''.

SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING 
                    CHILD PORNOGRAPHY.

    It is the sense of the Congress that each State that has 
not yet done so should enact legislation prohibiting the 
production, distribution, receipt, or simple possession of 
materials depicting a person under 18 years of age engaging in 
sexually explicit conduct (as defined in section 2256 of title 
18, United States Code) and providing for a maximum 
imprisonment of at least 1 year and for the forfeiture of 
assets used in the commission or support of, or gained from, 
such offenses.

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

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

                  TITLE XVII--CRIMES AGAINST CHILDREN

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

SEC. 170101. ESTABLISHMENT OF PROGRAM.

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

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

                 Subtitle B--Assaults Against Children

SEC. 170201. ASSAULTS AGAINST CHILDREN.

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

               Subtitle C--Missing and Exploited Children

SEC. 170301. SHORT TITLE.

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

SEC. 170302. PURPOSE.

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

SEC. 170303. ESTABLISHMENT OF TASK FORCE.

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


                              ``task force


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

                        TITLE XVIII--RURAL CRIME

              Subtitle A--Drug Trafficking in Rural Areas

SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

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

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

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

SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.

    (a) Specialized Training for Rural Officers.--The Director 
of the Federal Law Enforcement Training Center shall develop a 
specialized course of instruction devoted to training law 
enforcement officers from rural agencies in the investigation 
of drug trafficking and related crimes.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out subsection (a)--
            (1) $1,000,000 for fiscal year 1996;
            (2) $1,000,000 for fiscal year 1997;
            (3) $1,000,000 for fiscal year 1998;
            (4) $1,000,000 for fiscal year 1999; and
            (5) $1,000,000 for fiscal year 2000.

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

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

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

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

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

                    ``transportation safety offenses

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

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

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

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

SEC. 180301. FUNDING FOR RURAL AREAS.

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

                   TITLE XIX--FEDERAL LAW ENFORCEMENT

SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

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

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

                        Subtitle A--Police Corps

SEC. 200101. SHORT TITLE.

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

SEC. 200102. PURPOSES.

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

SEC. 200103. DEFINITIONS.

    In this subtitle--
            ``academic year'' means a traditional academic year 
        beginning in August or September and ending in the 
        following May or June.
            ``dependent child'' means a natural or adopted 
        child or stepchild of a law enforcement officer who at 
        the time of the officer's death--
                    (A) was no more than 21 years old; or
                    (B) if older than 21 years, was in fact 
                dependent on the child's parents for at least 
                one-half of the child's support (excluding 
                educational expenses), as determined by the 
                Director.
            ``Director'' means the Director of the Office of 
        the Police Corps and Law Enforcement Education 
        appointed under section 200104.
            ``educational expenses'' means expenses that are 
        directly attributable to--
                    (A) a course of education leading to the 
                award of the baccalaureate degree in legal- or 
                criminal justice-related studies; or
                    (B) a course of graduate study legal or 
                criminal justice studies following award of a 
                baccalaureate degree,

        including the cost of tuition, fees, books, supplies, 
        transportation, room and board and miscellaneous 
        expenses.
            ``institution of higher education'' has the meaning 
        stated in the first sentence of section 1201(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1141(a)).
            ``participant'' means a participant in the Police 
        Corps program selected pursuant to section 200106.
            ``State'' means a State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands.
            ``State Police Corps program'' means a State police 
        corps program that meets the requirements of section 
        200110.

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

    There is established in the Department of Justice, under 
the general authority of the Attorney General, an Office of the 
Police Corps and Law Enforcement Education.

SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.

    (a) Lead Agency.--A State that desires to participate in 
the Police Corps program under this subtitle shall designate a 
lead agency that will be responsible for--
            (1) submitting to the Director a State plan 
        described in subsection (b); and
            (2) administering the program in the State.
    (b) State Plans.--A State plan shall--
            (1) contain assurances that the lead agency shall 
        work in cooperation with the local law enforcement 
        liaisons, representatives of police labor organizations 
        and police management organizations, and other 
        appropriate State and local agencies to develop and 
        implement interagency agreements designed to carry out 
        the program;
            (2) contain assurances that the State shall 
        advertise the assistance available under this subtitle;
            (3) contain assurances that the State shall screen 
        and select law enforcement personnel for participation 
        in the program; and
            (4) meet the requirements of section 200110.

SEC. 200106. SCHOLARSHIP ASSISTANCE.

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

shall be entitled to the scholarship assistance authorized in 
this section for any course of study in any accredited 
institution of higher education. Such dependent child shall not 
incur any repayment obligation in exchange for the scholarship 
assistance provided in this section.
    (f) Application.--Each participant desiring a scholarship 
or payment under this section shall submit an application as 
prescribed by the Director in such manner and accompanied by 
such information as the Director may reasonably require.

SEC. 200107. SELECTION OF PARTICIPANTS.

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

SEC. 200108. POLICE CORPS TRAINING.

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

SEC. 200109. SERVICE OBLIGATION.

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

SEC. 200110. STATE PLAN REQUIREMENTS.

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

SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS 
                    OFFICERS.

    Each jurisdiction directly employing Police Corps 
participants during the 4-year term of service prescribed by 
section 200109 shall receive $10,000 on account of each such 
participant at the completion of each such year of service, 
but--
            (1) no such payment shall be made on account of 
        service in any State or local police force--
                    (A) whose average size, in the year for 
                which payment is to be made, not counting 
                Police Corps participants assigned under 
                section 106, has declined more than 2 percent 
                since January 1, 1993; or
                    (B) which has members who have been laid 
                off but not retired; and
            (2) no such payment shall be made on account of any 
        Police Corps participant for years of service after the 
        completion of the term of service prescribed in section 
        200109.

SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 200113. REPORTS TO CONGRESS.

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

            Subtitle B--Law Enforcement Scholarship Program

SEC. 200201. SHORT TITLE.

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

SEC. 200202. DEFINITIONS.

    In this subtitle--
            ``Director'' means the Director of the Office of 
        the Police Corps and Law Enforcement Education 
        appointed under section 200104.
            ``educational expenses'' means expenses that are 
        directly attributable to--
                    (A) a course of education leading to the 
                award of an associate degree;
                    (B) a course of education leading to the 
                award of a baccalaureate degree; or
                    (C) a course of graduate study following 
                award of a baccalaureate degree,

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

SEC. 200203. ALLOTMENT.

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

SEC. 200204. ESTABLISHMENT OF PROGRAM.

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

SEC. 200205. SCHOLARSHIPS.

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

SEC. 200206. ELIGIBILITY.

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

SEC. 200207. STATE APPLICATION.

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

SEC. 200208. LOCAL APPLICATION.

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

SEC. 200209. SCHOLARSHIP AGREEMENT.

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

SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

                       Subtitle A--Byrne Program

SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.

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

               Subtitle B--Law Enforcement Family Support

<greek-l> H4  deg.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:

               <greek-l> H5  deg.``PART W--FAMILY SUPPORT

<greek-l> H4  deg.``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.

<greek-l> H4  deg.``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.

<greek-l> H4  deg.``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).

<greek-l> H4  deg.``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.

<greek-l> H4  deg.``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.

<greek-l> H4  deg.``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.

<greek-l> H4  deg.``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.

<greek-l> H4  deg.``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

<greek-l> H4  deg.SEC. 220001. SHORT TITLE.

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

SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

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

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

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

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

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

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

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

                     TITLE XXIII--VICTIMS OF CRIME

                      Subtitle A--Victims of Crime

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

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

        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present; 
        and
            ``(2) `crime of violence or sexual abuse' means a 
        crime that involved the use or attempted or threatened 
        use of physical force against the person or property of 
        another, or a crime under chapter 109A of title 18, 
        United States Code.''.
    (c) Effective Date.--The amendments made by subsection (b) 
shall become effective on December 1, 1994.

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

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

                    Subtitle B--Crime Victims' Fund

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

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

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

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

SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.

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

SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.

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

SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

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

SEC. 230206. MAINTENANCE OF EFFORT.

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

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

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

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

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

                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

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

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

SEC. 240002. CRIMES AGAINST THE ELDERLY.

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

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

SEC. 250001. SHORT TITLE.

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

SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.

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

                  ``CHAPTER 113A--TELEMARKETING FRAUD

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

``Sec. 2325. Definition

    ``In this chapter, `telemarketing'--
            ``(1) means a plan, program, promotion, or campaign 
        that is conducted to induce--
                    ``(A) purchases of goods or services; or
                    ``(B) participation in a contest or 
                sweepstakes,

        by use of 1 or more interstate telephone calls 
        initiated either by a person who is conducting the 
        plan, program, promotion, or campaign or by a 
        prospective purchaser or contest or sweepstakes 
        participant; but
            ``(2) does not include the solicitation of sales 
        through the mailing of a catalog that--
                    ``(A) contains a written description or 
                illustration of the goods or services offered 
                for sale;
                    ``(B) includes the business address of the 
                seller;
                    ``(C) includes multiple pages of written 
                material or illustration; and
                    ``(D) has been issued not less frequently 
                than once a year,

        if the person making the solicitation does not solicit 
        customers by telephone but only receives calls 
        initiated by customers in response to the catalog and 
        during those calls take orders without further 
        solicitation.

``Sec. 2326. Enhanced penalties

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

        may be imprisoned for a term of up to 10 years in 
        addition to any term of imprisonment imposed under any 
        of those sections, respectively.

``Sec. 2327. Mandatory restitution

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

``113A. Telemarketing fraud.......................................  2325
``113B. Terrorism................................................2331''.

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

                      ``CHAPTER 113B--TERRORISM''.

SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.

    (a) Review.--The United States Sentencing Commission shall 
review and, if necessary, amend the sentencing guidelines to 
ensure that victim related adjustments for fraud offenses 
against older victims over the age of 55 are adequate.
    (b) Report.--Not later than 180 days after the date of 
enactment of this Act, the Sentencing Commission shall report 
to Congress the result of its review under subsection (a).

SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND 
                    CONVICTION.

    Section 3059 of title 18, United States Code, is amended by 
adding at the end the following new subsection:
    ``(c)(1) In special circumstances and in the Attorney 
General's sole discretion, the Attorney General may make a 
payment of up to $10,000 to a person who furnishes information 
unknown to the Government relating to a possible prosecution 
under section 2326 which results in a conviction.
    ``(2) A person is not eligible for a payment under 
paragraph (1) if--
            ``(A) the person is a current or former officer or 
        employee of a Federal, State, or local government 
        agency or instrumentality who furnishes information 
        discovered or gathered in the course of government 
        employment;
            ``(B) the person knowingly participated in the 
        offense;
            ``(C) the information furnished by the person 
        consists of an allegation or transaction that has been 
        disclosed to the public--
                    ``(i) in a criminal, civil, or 
                administrative proceeding;
                    ``(ii) in a congressional, administrative, 
                or General Accounting Office report, hearing, 
                audit, or investigation; or
                    ``(iii) by the news media, unless the 
                person is the original source of the 
                information; or
            ``(D) when, in the judgment of the Attorney 
        General, it appears that a person whose illegal 
        activities are being prosecuted or investigated could 
        benefit from the award.
    ``(3) For the purposes of paragraph (2)(C)(iii), the term 
`original source' means a person who has direct and independent 
knowledge of the information that is furnished and has 
voluntarily provided the information to the Government prior to 
disclosure by the news media.
    ``(4) Neither the failure of the Attorney General to 
authorize a payment under paragraph (1) nor the amount 
authorized shall be subject to judicial review.''.

SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.

    Section 1341 of title 18, United States Code, is amended--
            (1) by inserting ``or deposits or causes to be 
        deposited any matter or thing whatever to be sent or 
        delivered by any private or commercial interstate 
        carrier,'' after ``Postal Service,''; and
            (2) by inserting ``or such carrier'' after ``causes 
        to be delivered by mail''.

SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS 
                    DEVICES.

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

SEC. 250008. INFORMATION NETWORK.

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

           TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.

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

SEC. 260002. CONFORMING AMENDMENT.

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

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

SEC. 270001. PRESIDENTIAL SUMMIT.

    Congress calls on the President to convene a national 
summit on violence in America prior to convening the Commission 
established under this title.

SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REPRESENTATION.

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

SEC. 270003. PURPOSES.

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

SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.

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

SEC. 270005. ADMINISTRATIVE MATTERS.

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

SEC. 270006. STAFF AND SUPPORT SERVICES.

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

SEC. 270007. POWERS.

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

SEC. 270008. REPORT; TERMINATION.

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

SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE XXVIII--SENTENCING PROVISIONS

SEC. 280001. IMPOSITION OF SENTENCE.

    Section 3553(a)(4) of title 18, United States Code, is 
amended to read as follows:
            ``(4) the kinds of sentence and the sentencing 
        range established for--
                    ``(A) the applicable category of offense 
                committed by the applicable category of 
                defendant as set forth in the guidelines issued 
                by the Sentencing Commission pursuant to 
                section 994(a)(1) of title 28, United States 
                Code, and that are in effect on the date the 
                defendant is sentenced; or
                    ``(B) in the case of a violation of 
                probation or supervised release, the applicable 
                guidelines or policy statements issued by the 
                Sentencing Commission pursuant to section 
                994(a)(3) of title 28, United States Code;''.

SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.

    Section 3563(a)(3) of title 18, United States Code, is 
amended by striking ``possess illegal controlled substances'' 
and inserting ``unlawfully possess a controlled substance''.

SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION REGARDING 
                    SENTENCING ENHANCEMENTS FOR HATE CRIMES.

    (a) Definition.--In this section, ``hate crime'' means a 
crime in which the defendant intentionally selects a victim, or 
in the case of a property crime, the property that is the 
object of the crime, because of the actual or perceived race, 
color, religion, national origin, ethnicity, gender, 
disability, or sexual orientation of any person.
    (b) Sentencing Enhancement.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing 
Commission shall promulgate guidelines or amend existing 
guidelines to provide sentencing enhancements of not less than 
3 offense levels for offenses that the finder of fact at trial 
determines beyond a reasonable doubt are hate crimes. In 
carrying out this section, the United States Sentencing 
Commission shall ensure that there is reasonable consistency 
with other guidelines, avoid duplicative punishments for 
substantially the same offense, and take into account any 
mitigating circumstances that might justify exceptions.

SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN 
                    CASES.

    Section 3561(a)(3) of title 18, United States Code, is 
amended by inserting ``that is not a petty offense'' before the 
period.

SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING 
                    COMMISSION.

    (a) Establishment of Positions.--Section 991 (a) of title 
28, United States Code, is amended--
            (1) in the second sentence by striking the period 
        and inserting ``and three of whom shall be designated 
        by the President as Vice Chairs.'';
            (2) in the fourth sentence by striking the period 
        and inserting ``, and of the three Vice Chairs, no more 
        than two shall be members of the same political 
        party.''; and
            (3) in the sixth sentence by striking ``Chairman'' 
        and inserting ``Chair, Vice Chairs,''.
    (b) Terms and Compensation.--Section 992(c) of title 28, 
United States Code, is amended--
            (1) by amending the first sentence to read as 
        follows: ``The Chair and Vice Chairs of the Commission 
        shall hold full-time positions and shall be compensated 
        during their terms of office at the annual rate at 
        which judges of the United States courts of appeals are 
        compensated.'';
            (2) in the second sentence by striking ''Chairman'' 
        and inserting ``Chair and Vice Chairs''; and
            (3) in the third sentence by striking ``Chairman'' 
        and inserting ``Chair and Vice Chairs,''.
    (c) Technical Amendments.--Chapter 58 of title 28, United 
States Code, is amended--
            (1) by striking ``Chairman'' each place it appears 
        and inserting ``Chair'';
            (2) in the fifth sentence of section 991(a) by 
        striking ``his'' and inserting ``the Attorney 
        General's'';
            (3) in the fourth sentence of section 992(c) by 
        striking ``his'' and inserting ``the judge's'';
            (4) in section 994(i)(2) by striking ``he'' and 
        inserting ``the defendant'' and striking ``his'' and 
        inserting ``the defendant's''; and
            (5) in section 996(a) by striking ``him'' and 
        inserting ``the Staff Director''.

SEC. 280006. COCAINE PENALTY STUDY.

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

                       TITLE XXIX--COMPUTER CRIME

SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.

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

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

SEC. 300001. SHORT TITLE.

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

SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL 
                    INFORMATION FROM STATE MOTOR VEHICLE RECORDS.

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

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

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

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

``Sec. 2722. Additional unlawful acts

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

``Sec. 2723. Penalties

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

``Sec. 2724. Civil action

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

``Sec. 2725. Definitions

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

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

SEC. 300003. EFFECTIVE DATE.

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

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

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

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

``SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION 
                    TRUST FUND.

    ``(a) Sequestration.--Within 15 days after Congress 
adjourns to end a session, there shall be a sequestration to 
eliminate any budgetary excess in the Violent Crime Reduction 
Trust Fund as described in subsection (b).
    ``(b) Eliminating a Budgetary Excess.--
            ``(1) In general.--Except as provided by paragraph 
        (2), appropriations from the Violent Crime Reduction 
        Trust Fund shall be reduced by a uniform percentage 
        necessary to eliminate any amount by which estimated 
        outlays in the budget year from the Fund exceed the 
        following levels of outlays:
                    ``(A) For fiscal year 1995, $703,000,000.
                    ``(B) For fiscal year 1996, $2,334,000,000.
                    ``(C) For fiscal year 1997, $3,936,000,000.
                    ``(D) For fiscal year 1998, $4,904,000,000.

        For fiscal year 1999, the comparable level for 
        budgetary purposes shall be deemed to be 
        $5,639,000,000. For fiscal year 2000, the comparable 
        level for budgetary purposes shall be deemed to be 
        $6,225,000,000.
            ``(2) Special outlay allowance.--If estimated 
        outlays from the Fund for a fiscal year exceed the 
        level specified in paragraph (1) for that year, that 
        level shall be increased by the lesser of that excess 
        or 0.5 percent of that level.
    ``(c) Look-Back.--If, after June 30, an appropriation for 
the fiscal year in progress is enacted that causes a budgetary 
excess in the Violent Crime Reduction Trust Fund as described 
in subsection (b) for that year (after taking into account any 
sequestration of amounts under this section), the level set 
forth in subsection (b) for the next fiscal year shall be 
reduced by the amount of that excess.
    ``(d) Within-Session Sequestration.--If an appropriation 
for a fiscal year in progress is enacted (after Congress 
adjourns to end the session for the budget year and before July 
1 of that fiscal year) that causes a budgetary excess in the 
Violent Crime Reduction Trust Fund as described in subsection 
(b) for that year (after taking into account any prior 
sequestration of amounts under this section), 15 days later 
there shall be a sequestration to eliminate that excess 
following the procedures set forth in subsection (b).
    ``(e) Part-Year Appropriations and OMB Estimates.--
Paragraphs (4) and (7) of section 251(a) shall apply to 
appropriations from, and sequestration of amounts appropriated 
from, the Violent Crime Reduction Trust Fund under this section 
in the same manner as those paragraphs apply to discretionary 
appropriations and sequestrations under that section.''.
            (2) Reports.--Section 254(g) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 is amended by 
        redesignating paragraphs (4) and (5) as paragraphs (5) 
        and (6), respectively, and by inserting after paragraph 
        (3) the following new paragraph:
            ``(4) Reports on sequestration to reduce the 
        violent crime reduction trust fund.--The final reports 
        shall set forth for the budget year estimates for each 
        of the following:
                    ``(A) The amount of budget authority 
                appropriated from the Violent Crime Reduction 
                Trust Fund and outlays resulting from those 
                appropriations.
                    ``(B) The sequestration percentage and 
                reductions, if any, required under section 
                251A.''.

SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.

    Upon enactment of this Act, the discretionary spending 
limits set forth in section 601(a)(2) of the Congressional 
Budget Act of 1974 (2 U.S.C. 665(a)(2)) (as adjusted in 
conformance with section 251 of the Balanced Budget and 
Emergency Deficit Control Act of 1985, and in the Senate, with 
section 24 of House Concurrent Resolution 218 (103d Congress)) 
for fiscal years 1995 through 1998 are reduced as follows:
            (1) for fiscal year 1995, for the discretionary 
        category: $2,423,000,000 in new budget authority and 
        $703,000,000 in outlays;
            (2) for fiscal year 1996, for the discretionary 
        category: $4,287,000,000 in new budget authority and 
        $2,334,000,000 in outlays;
            (3) for fiscal year 1997, for the discretionary 
        category: $5,000,000,000 in new budget authority and 
        $3,936,000,000 in outlays; and
            (4) for fiscal year 1998, for the discretionary 
        category: $5,500,000,000 in new budget authority and 
        $4,904,000,000 in outlays.

For fiscal year 1999, the comparable amount for budgetary 
purposes shall be deemed to be $6,500,000,000 in new budget 
authority and $5,639,000,000 in outlays. For fiscal year 2000, 
the comparable amount for budgetary purposes shall be deemed to 
be $6,500,000,000 in new budget authority and $6,225,000,000 in 
outlays.

SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS FOR FISCAL 
                    YEARS FOR WHICH THE FULL AMOUNT AUTHORIZED IS NOT 
                    APPROPRIATED.

    If, in making an appropriation under any provision of this 
Act or amendment made by this Act that authorizes the making of 
an appropriation for a certain purpose for a certain fiscal 
year in a certain amount, the Congress makes an appropriation 
for that purpose for that fiscal year in a lesser amount, that 
provision or amendment shall be considered to authorize the 
making of appropriations for that purpose for later fiscal 
years in an amount equal to the difference between the amount 
authorized to be appropriated and the amount that has been 
appropriated.

SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

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

                       TITLE XXXII--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

SEC. 320101. INCREASED PENALTIES FOR ASSAULT.

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

SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.

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

SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, 
United States Code, is amended--
            (1) by striking ``not more than $10,000'' and 
        inserting ``under this title'';
            (2) by inserting ``from the acts committed in 
        violation of this section or if such acts include 
        kidnapping or an attempt to kidnap, aggravated sexual 
        abuse or an attempt to commit aggravated sexual abuse, 
        or an attempt to kill'' after ``results'';
            (3) by striking ``subject to imprisonment'' and 
        inserting ``fined under this title or imprisoned''; and
            (4) by inserting ``, or both'' after ``life''.
    (b) Deprivation of Rights.--Section 242 of title 18, United 
States Code, is amended--
            (1) by striking ``not more than $1,000'' and 
        inserting ``under this title'';
            (2) by inserting ``from the acts committed in 
        violation of this section or if such acts include the 
        use, attempted use, or threatened use of a dangerous 
        weapon, explosives, or fire,'' after ``bodily injury 
        results'';
            (3) by inserting ``from the acts committed in 
        violation of this section or if such acts include 
        kidnapping or an attempt to kidnap, aggravated sexual 
        abuse, or an attempt to commit aggravated sexual abuse, 
        or an attempt to kill, shall be fined under this title, 
        or'' after ``death results'';
            (4) by striking ``shall be subject to 
        imprisonment'' and inserting ``imprisoned''; and
            (5) by inserting ``, or both'' after ``life''.
    (c) Federally Protected Activities.--Section 245(b) of 
title 18, United States Code, is amended in the matter 
following paragraph (5)--
            (1) by striking ``not more than $1,000'' and 
        inserting ``under this title'';
            (2) by inserting ``from the acts committed in 
        violation of this section or if such acts include the 
        use, attempted use, or threatened use of a dangerous 
        weapon, explosives, or fire'' after ``bodily injury 
        results;
            (3) by striking ``not more than $10,000'' and 
        inserting ``under this title'';
            (4) by inserting ``from the acts committed in 
        violation of this section or if such acts include 
        kidnapping or an attempt to kidnap, aggravated sexual 
        abuse or an attempt to commit aggravated sexual abuse, 
        or an attempt to kill,'' after ``death results'';
            (5) by striking ``subject to imprisonment'' and 
        inserting ``fined under this title or imprisoned''; and
            (6) by inserting ``, or both'' after ``life''.
    (d) Damage to Religious Property.--Section 247 of title 18, 
United States Code, is amended--
            (1) in subsection (c)(1) by inserting ``from acts 
        committed in violation of this section or if such acts 
        include kidnapping or an attempt to kidnap, aggravated 
        sexual abuse or an attempt to commit aggravated sexual 
        abuse, or an attempt to kill'' after ``death results'';
            (2) in subsection (c)(2)--
                    (A) by striking ``serious''; and
                    (B) by inserting ``from the acts committed 
                in violation of this section or if such acts 
                include the use, attempted use, or threatened 
                use of a dangerous weapon, explosives, or 
                fire'' after ``bodily injury results''; and
            (3) by amending subsection (e) to read as follows:
    ``(e) As used in this section, the term `religious 
property' means any church, synagogue, mosque, religious 
cemetery, or other religious property.''.
    (e) Fair Housing Act.--Section 901 of the Fair Housing Act 
(42 U.S.C. 3631) is amended--
            (1) in the caption by striking ``bodily injury; 
        death;'';
            (2) by striking ``not more than $1,000,'' and 
        inserting ``under this title'';
            (3) by inserting ``from the acts committed in 
        violation of this section or if such acts include the 
        use, attempted use, or threatened use of a dangerous 
        weapon, explosives, or fire'' after ``bodily injury 
        results'';
            (4) by striking ``not more than $10,000,'' and 
        inserting ``under this title'';
            (5) by inserting ``from the acts committed in 
        violation of this section or if such acts include 
        kidnapping or an attempt to kidnap, aggravated sexual 
        abuse or an attempt to commit aggravated sexual abuse, 
        or an attempt to kill,'' after ``death results'';
            (6) by striking ``subject to imprisonment'' and 
        inserting ``fined under this title or imprisoned''; and
            (7) by inserting ``, or both'' after ``life''.

SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND 
                    SERVICES.

    (a) In General.--Section 2320(a) of title 18, United States 
Code, is amended--
            (1) in the first sentence--
                    (A) by striking ``$250,000 or imprisoned 
                not more than five years'' and inserting 
                ``$2,000,000 or imprisoned not more than 10 
                years''; and
                    (B) by striking ``$1,000,000'' and 
                inserting ``$5,000,000''; and
            (2) in the second sentence--
                    (A) by striking ``$1,000,000 or imprisoned 
                not more than fifteen years'' and inserting 
                ``$5,000,000 or imprisoned not more than 20 
                years''; and
                    (B) by striking ``$5,000,000'' and 
                inserting ``$15,000,000''.
    (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) 
of title 18, United States Code, is amended by striking ``or 
section 2319 (relating to copyright infringement),'' and 
inserting ``section 2319 (relating to copyright infringement), 
or section 2320 (relating to trafficking in counterfeit goods 
and services),''.

SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR 
                    HIRE.

    Section 1958(a) of title 18, United States Code, is amended 
by inserting ``or who conspires to do so'' before ``shall be 
fined'' the first place it appears.

SEC. 320106. INCREASED PENALTIES FOR ARSON.

    Section 844 of title 18, United States Code, is amended--
            (1) in subsection (f)--
                    (A) by striking ``not more than ten years, 
                or fined not more than $10,000'' and inserting 
                ``not more than 20 years, fined the greater of 
                the fine under this title or the cost of 
                repairing or replacing any property that is 
                damaged or destroyed,''; and
                    (B) by striking ``not more than twenty 
                years, or fined not more than $10,000'' and 
                inserting ``not more than 40 years, fined the 
                greater of the fine under this title or the 
                cost of repairing or replacing any property 
                that is damaged or destroyed,'';
            (2) in subsection (h)--
                    (A) in the first sentence by striking 
                ``five years'' and inserting ``5 years but not 
                more than 15 years''; and
                    (B) in the second sentence by striking 
                ``ten years'' and inserting ``10 years but not 
                more than 25 years''; and
            (3) in subsection (i)--
                    (A) by striking ``not more than ten years 
                or fined not more than $10,000'' and inserting 
                ``not more than 20 years, fined the greater of 
                the fine under this title or the cost of 
                repairing or replacing any property that is 
                damaged or destroyed,''; and
                    (B) by striking ``not more than twenty 
                years or fined not more than $20,000'' and 
                inserting ``not more than 40 years, fined the 
                greater of the fine under this title or the 
                cost of repairing or replacing any property 
                that is damaged or destroyed,''.

SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC 
                    HOUSING.

    Section 419 of the Controlled Substances Act (21 U.S.C. 
860) is amended--
            (1) in subsection (a) by striking ``playground, or 
        within'' and inserting ``playground, or housing 
        facility owned by a public housing authority, or 
        within''; and
            (2) in subsection (b) by striking ``playground, or 
        within'' and inserting ``playground, or housing 
        facility owned by a public housing authority, or 
        within''.

SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO THE 
                    INTRODUCTION OF NONINDIGENOUS SPECIES.

    (a) Task Force.--
            (1) In general.--The Attorney General is authorized 
        to convene a law enforcement task force in Hawaii to 
        facilitate the prosecution of violations of Federal 
        laws, and laws of the State of Hawaii, relating to the 
        wrongful conveyance, sale, or introduction of 
        nonindigenous plant and animal species.
            (2) Membership.--(A) The task force shall be 
        composed of representatives of--
                    (i) the Office of the United States 
                Attorney for the District of Hawaii;
                    (ii) the United States Customs Service;
                    (iii) the Animal and Plant Health 
                Inspection Service;
                    (iv) the Fish and Wildlife Service;
                    (v) the National Park Service;
                    (vi) the United States Forest Service;
                    (vii) the Military Customs Inspection 
                Office of the Department of Defense;
                    (viii) the United States Postal Service;
                    (ix) the office of the Attorney General of 
                the State of Hawaii;
                    (x) the Hawaii Department of Agriculture;
                    (xi) the Hawaii Department of Land and 
                Natural Resources; and
                    (xii) such other individuals as the 
                Attorney General deems appropriate.
            (B) The Attorney General shall, to the extent 
        practicable, select individuals to serve on the task 
        force who have experience with the enforcement of laws 
        relating to the wrongful conveyance, sale, or 
        introduction of nonindigenous plant and animal species.
            (3) Duties.--The task force shall--
                    (A) facilitate the prosecution of 
                violations of Federal and State laws relating 
                to the conveyance, sale, or introduction of 
                nonindigenous plant and animal species into 
                Hawaii; and
                    (B) make recommendations on ways to 
                strengthen Federal and State laws and law 
                enforcement strategies designed to prevent the 
                introduction of nonindigenous plant and animal 
                species.
            (4) Report.--The task force shall report to the 
        Attorney General, the Secretary of Agriculture, the 
        Secretary of the Interior, and to the Committee on the 
        Judiciary and Committee on Agriculture, Nutrition, and 
        Forestry of the Senate and the Committee on the 
        Judiciary, Committee on Agriculture, and Committee on 
        Merchant Marine and Fisheries of the House of 
        Representatives on--
                    (A) the progress of its enforcement 
                efforts; and
                    (B) the adequacy of existing Federal laws 
                and laws of the State of Hawaii that relate to 
                the introduction of nonindigenous plant and 
                animal species.

        Thereafter, the task force shall make such reports as 
        the task force deems appropriate.
            (5) Consultation.--The task force shall consult 
        with Hawaii agricultural interests and representatives 
        of Hawaii conservation organizations about methods of 
        preventing the wrongful conveyance, sale, or 
        introduction of nonindigenous plant and animal species 
        into Hawaii.
    (b) Criminal Penalty.--
            (1) In general.--Chapter 83 of title 18, United 
        States Code, is amended by inserting after section 
        1716C the following new section:

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

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

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

SEC. 320109. MILITARY MEDALS AND DECORATIONS.

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

      Subtitle B--Extension of Protection of Civil Rights Statutes

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

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

                      Subtitle C--Audit and Report

SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT 
                    AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.

    (a) State Requirement.--Section 524(c)(7) of title 28, 
United States Code, is amended to read as follows:
            ``(7)(A) The Fund shall be subject to annual audit 
        by the Comptroller General.
            ``(B) The Attorney General shall require that any 
        State or local law enforcement agency receiving funds 
        conduct an annual audit detailing the uses and expenses 
        to which the funds were dedicated and the amount used 
        for each use or expense and report the results of the 
        audit to the Attorney General.''.
    (b) Inclusion in Attorney General's Report.--Section 
524(c)(6)(C) of title 28, United States Code, is amended by 
adding at the end the following flush sentence: ``The report 
should also contain all annual audit reports from State and 
local law enforcement agencies required to be reported to the 
Attorney General under subparagraph (B) of paragraph (7).''.

SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING 
                    EXPENSES.

    Section 524(c)(6) of title 28, United States Code, is 
amended--
            (1) by striking ``and'' at the end of subparagraph 
        (B);
            (2) by striking the period at the end of 
        subparagraph (C) and inserting ``; and''; and
            (3) by adding at the end the following new 
        subparagraph:
            ``(D) a report for such fiscal year containing a 
        description of the administrative and contracting 
        expenses paid from the Fund under paragraph (1)(A).''.

                        Subtitle D--Coordination

SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION 
                    PROGRAMS.

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

                          Subtitle E--Gambling

<greek-l> H4  deg.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,''.  

<greek-l> H4  deg.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:

<greek-l> H6  deg.``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.''.

<greek-l> H4  deg.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.''.

<greek-l> H4  deg.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:

<greek-l> H6  deg.``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.''.

<greek-l> H4  deg.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.

<greek-l> H4  deg.SEC. 320912. DEFINITION OF LIVESTOCK.

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

SEC. 320913. ASSET FORFEITURE.

    (a) Amendment.--Section 524(c)(1) of title 28, United 
States Code, is amended--
            (1) by redesignating subparagraph (H) as 
        subparagraph (I); and
            (2) by inserting after subparagraph (G) the 
        following new subparagraph:
    ``(H) the payment of State and local property taxes on 
forfeited real property that accrued between the date of the 
violation giving rise to the forfeiture and the date of the 
forfeiture order; and''.
    (b) Application of Amendment.--The amendment made by 
subsection (a) shall apply to all claims pending at the time of 
or commenced subsequent to the date of enactment of this Act.

SEC. 320914. CLARIFICATION OF DEFINITION OF A ``COURT OF THE UNITED 
                    STATES'' TO INCLUDE THE DISTRICT COURTS FOR GUAM, 
                    THE NORTHERN MARIANA ISLANDS, AND THE VIRGIN 
                    ISLANDS.

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

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

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

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

SEC. 320915. LAW ENFORCEMENT PERSONNEL.

    It is the sense of the Senate that law enforcement 
personnel should not be reduced and calls upon the President of 
the United States to exempt Federal law enforcement positions 
from Executive Order 12839 and other Executive memoranda 
mandating reductions in the Federal workforce.

SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS.

    (a) In General.--Chapter 33 of title 28, United States 
Code, is amended by adding at the end the following new 
section:

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

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

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

SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.

    (a) In General.--Section 844(i) of title 18, United States 
Code, is amended by adding at the end the following: ``No 
person shall be prosecuted, tried, or punished for any 
noncapital offense under this subsection unless the indictment 
is found or the information is instituted within 7 years after 
the date on which the offense was committed.''.
    (b) Application of Amendment.--The amendment made by 
subsection (a) shall not apply to any offense described in the 
amendment that was committed more than 5 years prior to the 
date of enactment of this Act.

SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION 
                    RIGHTS.

    It is the sense of the Congress that in determining child 
custody and visitation rights, the courts should take into 
consideration the history of drunk driving that any person 
involved in the determination may have.

SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.

    Nothing in this Act shall be construed to prohibit or 
exclude the expenditure of appropriations to grant recipients 
that would have been or are eligible to receive grants under 
subpart 1 of part E of the Omnibus Crime Control and Safe 
Streets Act of 1968.

SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY U.S.A.

    It is the sense of the Senate that in celebration of ``Law 
Day, U.S.A.'', May 1, 1995, the grateful people of this Nation 
should give special emphasis to all law enforcement personnel 
of the United States, and the grateful people of this Nation 
should acknowledge the unflinching and devoted service law 
enforcement personnel perform as such personnel help preserve 
domestic tranquillity and guarantee the legal rights of all 
individuals of this Nation.

SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION 
                    PROGRAM.

    (a) Sentence of Probation.--Section 3561 of title 18, 
United States Code, is amended--
            (1) by redesignating subsection (b) as subsection 
        (c); and
            (2) by inserting the following new subsection after 
        subsection (a):
    ``(b) Domestic Violence Offenders.--A defendant who has 
been convicted for the first time of a domestic violence crime 
shall be sentenced to a term of probation if not sentenced to a 
term of imprisonment. The term `domestic violence crime' means 
a crime of violence for which the defendant may be prosecuted 
in a court of the United States in which the victim or intended 
victim is the spouse, former spouse, intimate partner, former 
intimate partner, child, or former child of the defendant, or 
any relative defendant, child, or former child of the 
defendant, or any other relative of the defendant.''.
    (b) Conditions of Probation.--Section 3563(a) of title 18, 
United States Code, is amended by--
            (1) striking ``and'' at the end of paragraph (2);
            (2) striking the period at the end of paragraph (3) 
        and inserting ``; and''; and
            (3) by inserting the following new paragraph:
            ``(4) for a domestic violence crime as defined in 
        section 3561(b) by a defendant convicted of such an 
        offense for the first time that the defendant attend a 
        public, private, or private non-profit offender 
        rehabilitation program that has been approved by the 
        court, in consultation with a State Coalition Against 
        Domestic Violence or other appropriate experts, if an 
        approved program is readily available within a 50-mile 
        radius of the legal residence of the defendant.''.
    (c) Supervised Release.--Section 3583 of title 18, United 
States Code, is amended--
            (1) in subsection (a) by inserting ``or if the 
        defendant has been convicted for the first time of a 
        domestic violence crime as defined in section 3561(b)'' 
        after ``statute''; and
            (2) in subsection (d) by inserting the following 
        after the first sentence: ``The court shall order as an 
        explicit condition of supervised release for a 
        defendant convicted for the first time of a domestic 
        violence crime as defined in section 3561(b) that the 
        defendant attend a public, private, or private 
        nonprofit offender rehabilitation program that has been 
        approved by the court, in consultation with a State 
        Coalition Against Domestic Violence or other 
        appropriate experts, if an approved program is readily 
        available within a 50-mile radius of the legal 
        residence of the defendant.''.

SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.

    (a) Public Law 87-726.--The first section of Public Law 87-
726 (36 U.S.C. 167) is amended--
            (1) by striking ``(2)'' and inserting ``(3)'';
            (2) by inserting after clause (1) the following new 
        clause: ``(2) directing the officials of the Government 
        to display at halfstaff the flag of the United States 
        on all Government buildings on such day, as provided by 
        section 3(m) of the Act of June 22, 1942 (Chapter 435; 
        56 Stat. 377; 36 U.S.C. 175),'';
            (3) by striking ``(3)'' and inserting ``(4)''; and
            (4) by inserting in paragraph (4) ``, including the 
        display at half-staff of the flag of the United 
        States'' after ``activities''.
    (b) Act of June 22, 1942.--Section 3(m) of the Act of June 
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended 
by inserting ``The flag shall be flown at half-staff on Peace 
Officers Memorial Day, unless that day is also Armed Forces 
Day.'' after ``a Member of Congress.''.

SEC. 320923. FINANCIAL INSTITUTION FRAUD.

    Section 528 of Public Law 101-509, approved November 5, 
1990, is amended by striking ``with the authority of the 
Resolution Trust Corporation or its successor'' at the end of 
subsection (b)(2) and inserting ``on December 31, 2004''.

SEC. 320924. DEFINITION OF ``PARENT'' FOR THE PURPOSES OF THE OFFENSE 
                    OF KIDNAPPING.

    Section 1201 of title 18, United States Code, is amended by 
adding at the end the following new subsection:
    ``(h) As used in this section, the term `parent' does not 
include a person whose parental rights with respect to the 
victim of an offense under this section have been terminated by 
a final court order.''.

SEC. 320926. HATE CRIME STATISTICS ACT.

    Subsection (b)(1) of the first section of the Hate Crime 
Statistics Act (28 U.S.C. 534 note) is amended by inserting 
``disability,'' after ``religion,''.

SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK REQUIREMENT OF 
                    RETURN OF HANDGUN TO OWNER.

    Section 922(s)(1) of title 18, United States Code, is 
amended in the first sentence by inserting ``(other than the 
return of a handgun to the person from whom it was received)'' 
after ``handgun''.

SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.

    (a) Protection of the Elderly and Individuals With 
Disabilities.--
            (1) Background checks.--Section 3(a)(1) of the 
        National Child Protection Act of 1993 (42 U.S.C. 5119a) 
        is amended by striking ``an individual's fitness to 
        have responsibility for the safety and well-being of 
        children'' and inserting ``the provider's fitness to 
        have responsibility for the safety and well-being of 
        children, the elderly, or individuals with 
        disabilities''.
            (2) Guidelines.--Section 3(b) of the National Child 
        Protection Act of 1993 (42 U.S.C. 5119b(b)) is 
        amended--
                    (A) in paragraph (1)(E)--
                            (i) by striking ``child'' the first 
                        place it appears and inserting 
                        ``person''; and
                            (ii) by striking ``child'' the 
                        second place it appears; and
                    (B) in paragraph (4) by striking ``an 
                individual's fitness to have responsibility for 
                the safety and well-being of children'' and 
                inserting ``the provider's fitness to have 
                responsibility for the safety and well-being of 
                children, the elderly, or individuals with 
                disabilities''.
            (3) Definition of care.--Section 5 of the National 
        Child Protection Act of 1993 (42 U.S.C. 5119c(5)) is 
        amended--
                    (A) by amending paragraph (5) to read as 
                follows:
            ``(5) the term `care' means the provision of care, 
        treatment, education, training, instruction, 
        supervision, or recreation to children, the elderly, or 
        individuals with disabilities;''; and
                    (B) in paragraph (8) by striking ``child 
                care'' each place it appears and inserting 
                ``care''.
    (b) Information Required To Be Reported.--Section 2(a) of 
the National Child Protection Act of 1993 (42 U.S.C. 5119(a)) 
is amended by adding at the end ``A criminal justice agency may 
satisfy the requirement of this subsection by reporting or 
indexing all felony and serious misdemeanor arrests and 
dispositions.''.
    (c) Clarification of Immunity Provision.--Section 3(d) of 
the National Child Protection Act of 1993 (42 U.S.C. 5119a(d)) 
is amended by inserting ``(other than itself)'' after ``failure 
of a qualified entity''.
    (d) Defrayment of Costs to Volunteers of Conducting 
Background Checks.--Section 4(b) of the National Child 
Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended--
            (1) by striking ``and'' at the end of subparagraph 
        (C);
            (2) by striking the period at the end of 
        subparagraph (D) and inserting ``; and''; and
            (3) by adding at the end the following new 
        subparagraph:
            ``(E) to assist the State in paying all or part of 
        the cost to the State of conducting background checks 
        on persons who are employed by or volunteer with a 
        public, not-for-profit, or voluntary qualified entity 
        to reduce the amount of fees charged for such 
        background checks.''.
    (e) Fees.--Section 3(e) of the National Child Protection 
Act of 1993 is amended by striking ``the actual cost'' and 
inserting ``eighteen dollars, respectively, or the actual cost, 
whichever is less,''.
    (f) Costs of the FBI.--Funds authorized to be appropriated 
to the Federal Bureau of Investigation under section 190001(c) 
of this Act may be used to pay all or part of the cost to the 
Federal Bureau of Investigation of carrying out the National 
Child Protection Act of 1993, including the cost of conducting 
background checks on persons who are employed by or volunteer 
with a public, not-for-profit, or voluntary qualified entity to 
reduce the amount of fees charged for such background checks.
    (g) Guidelines.--
            (1) In general.--The Attorney General, in 
        consultation with Federal, State, and local officials, 
        including officials responsible for criminal history 
        record systems, and representatives of public and 
        private care organizations and health, legal, and 
        social welfare organizations, shall develop guidelines 
        for the adoption of appropriate safeguards by care 
        providers and by States for protecting children, the 
        elderly, or individuals with disabilities from abuse.
            (2) Matters to be addressed.--In developing 
        guidelines under paragraph (1), the Attorney General 
        shall address the availability, cost, timeliness, and 
        effectiveness of criminal history background checks and 
        recommend measures to ensure that fees for background 
        checks do not discourage volunteers from participating 
        in care programs.
            (3) Dissemination.--The Attorney General shall, 
        subject to the availability of appropriations, 
        disseminate the guidelines to State and local officials 
        and to public and private care providers.
    (h) Change of Report Deadline.--Section 2(f)(2) of the 
National Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is 
amended by striking ``1 year'' and inserting ``2 years''.
    (i) Change of Implementation Deadline.--Section 2(b)(2)(A) 
of the National Child Protection Act of 1993 (42 U.S.C. 
5119(b)(2)(A)) is amended by striking ``3 years'' and inserting 
``5 years''.
    (j) Definition of Child Abuse Cases and Individuals With 
Disabilities.--Section 5 of the National Child Protection Act 
of 1993 (42 U.S.C. 5119c) is amended--
            (1) by redesignating paragraph (6), (7), (8), and 
        (9) as paragraph (8), (9), (10), and (11), 
        respectively; and
            (2) by inserting after paragraph (5) the following 
        new paragraphs:
            ``(6) the term `identifiable child abuse crime 
        case' means a case that can be identified by the 
        authorized criminal justice agency of the State as 
        involving a child abuse crime by reference to the 
        statutory citation or descriptive label of the crime as 
        it appears in the criminal history record;
            ``(7) the term `individuals with disabilities' 
        means persons with a mental or physical impairment who 
        require assistance to perform one or more daily living 
        tasks;''.

SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT PERSONNEL.

    The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 
et seq.) is amended by inserting after section 4 the following 
new section:
    ``Sec. 4A. Law Enforcement.--(a) Designation of Law 
Enforcement Agents.--The Board may designate employees of the 
corporation to act as law enforcement agents in the area of 
jurisdiction described in subsection (c).
    ``(b) Duties and Powers.--
            ``(1) Duties.--A law enforcement agent designated 
        under subsection (a) shall maintain law and order and 
        protect persons and property in the area of 
        jurisdiction described in subsection (c) and protect 
        property and officials and employees of the corporation 
        outside that area.
            ``(2) Powers.--In the performance of duties 
        described in paragraph (1), a law enforcement agent 
        designated under subsection (a) may--
                    ``(A) make arrests without warrant for any 
                offense against the United States committed in 
                the agent's presence, or for any felony 
                cognizable under the laws of the United States 
                if the agent has probable cause to believe that 
                the person to be arrested has committed or is 
                committing such a felony;
                    ``(B) execute any warrant or other process 
                issued by a court or officer of competent 
                jurisdiction for the enforcement of any Federal 
                law or regulation issued pursuant to law in 
                connection with the investigation of an offense 
                described in subparagraph (A);
                    ``(C) conduct an investigation of an 
                offense described in subparagraph (A) in the 
                absence of investigation of the offense by any 
                Federal law enforcement agency having 
                investigative jurisdiction over the offense or 
                with the concurrence of that agency; and
                    ``(D) carry firearms in carrying out any 
                activity described in subparagraph (A), (B), or 
                (C).
    ``(c) Area of Jurisdiction.--A law enforcement agent 
designated under subsection (a) shall be authorized to exercise 
the law enforcement duties and powers described in subsection 
(b)--
            ``(1) on any lands or facilities owned or leased by 
        the corporation or within such adjoining areas in the 
        vicinities of such lands or facilities as may be 
        determined by the board under subsection (e); and
            ``(2) on other lands or facilities--
                    ``(A) when the person to be arrested is in 
                the process of fleeing from such lands, 
                facilities, or adjoining areas to avoid arrest;
                    ``(B) in conjunction with the protection of 
                property or officials or employees of the 
                corporation on or within lands or facilities 
                other than those owned or leased by the 
                corporation; or
                    ``(C) in cooperation with other Federal, 
                State, or local law enforcement agencies.
    ``(d) Federal Investigative Jurisdiction and State Civil 
and Criminal Jurisdiction Not Preempted.--Nothing in this 
section shall be construed to--
            ``(1) limit or restrict the investigative 
        jurisdiction of any Federal law enforcement agency; or
            ``(2) affect any right of a State or a political 
        subdivision thereof to exercise civil and criminal 
        jurisdiction on or within lands or facilities owned or 
        leased by the corporation.
    ``(e) Determination of Adjoining Areas.--
            ``(1) In general.--The board shall determine and 
        may from time-to-time modify the adjoining areas for 
        each facility or particular area of land, or for 
        individual categories of such facilities or lands, for 
        the purposes of subsection (c)(1).
            ``(2) Notice.--A notice and description of each 
        adjoining area determination or modification of a 
        determination made under paragraph (1) shall be 
        published in the Federal Register.
    ``(f) Qualifications and Training.--The board, in 
consultation with the Attorney General, shall adopt 
qualification and training standards for law enforcement agents 
designated under subsection (a).
    ``(g) Relation to Other Law.--A law enforcement agent 
designated under subsection (a) shall not be considered to be a 
law enforcement officer of the United States for the purposes 
of any other law, and no law enforcement agent designated under 
subsection (a) or other employee of the corporation shall 
receive an increase in compensation solely on account of this 
section.
    ``(h) Relationship With Attorney General.--The duties and 
powers of law enforcement agents designated under subsection 
(a) that are described in subsection (b) shall be exercised in 
accordance with guidelines approved by the Attorney General.''.

SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.

    Section 545(a) of title 28, United States Code, is 
amended--
            (1) by striking ``and assistant United States 
        attorney''; and
            (2) by inserting the following after the first 
        sentence: ``Each assistant United States attorney shall 
        reside in the district for which he or she is appointed 
        or within 25 miles thereof.''.

SEC. 320933. LABELS ON PRODUCTS.

      To the extent any person introduces, delivers for 
introduction, sells, advertises, or offers for sale in commerce 
a product with a ``Made in the U.S.A.'' or ``Made in America'' 
label, or the equivalent thereof, in order to represent that 
such product was in whole or substantial part of domestic 
origin, such label shall be consistent with decisions and 
orders of the Federal Trade Commission issued pursuant to 
section 5 of the Federal Trade Commission Act. This section 
only applies to such labels. Nothing in this section shall 
preclude the application of other provisions of law relating to 
labeling. The Commission may periodically consider an 
appropriate percentage of imported components which may be 
included in the product and still be reasonably consistent with 
such decisions and orders. Nothing in this section shall 
preclude use of such labels for products that contain imported 
components under the label when the label also discloses such 
information in a clear and conspicuous manner. The Commission 
shall administer this section pursuant to section 5 of the 
Federal Trade Commission Act and may from time to time issue 
rules pursuant to section 553 of Title 5, United States Code 
for such purpose. If a rule is issued, such violation shall be 
treated by the Commission as a violation of a rule under 
section 18 of the Federal Trade Commissions Act (15 U.S.C. 57a) 
regarding unfair or deceptive acts or practices. This section 
shall be effective upon publication in the Federal Register of 
a Notice of the provisions of this section. The Commission 
shall publish such notice within six months after the enactment 
of this section.

SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION ORDER.

      Section 523(a) of title 11, United States Code, is 
amended--
            (1) by striking ``or'' at the end of paragraph 
        (11);
            (2) by striking the period at the end of paragraph 
        (12) and inserting ``; or''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(13) for any payment of an order of restitution 
        issued under title 18, United States Code.''

SEC. 320935 ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE 
                    CASES.

      (a) The Federal Rules of Evidence are amended by adding 
after Rule 412 the following new rules:

``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

      ``(a) In a criminal case in which the defendant is 
accused of an offense of sexual assault, evidence of the 
defendant's commission of another offense or offenses of sexual 
assault is admissible, and may be considered for its bearing on 
any matter to which it is relevant.
      ``(b) In a case in which the Government intends to offer 
evidence under this rule, the attorney for the Government shall 
disclose the evidence to the defendant, including statements of 
witnesses or a summary of the substance of any testimony that 
is expected to be offered, at least fifteen days before the 
scheduled date of trial or at such later time as the court may 
allow for good cause.
      ``(c) This rule shall not be construed to limit the 
admission or consideration of evidence under any other rule.
      ``(d) For purposes of this rule and Rule 415, ``offense 
of sexual assault'' means a crime under Federal law or the law 
of a State (as defined in section 513 of title 18, United 
States Code) that involved--
            ``(1) any conduct proscribed by chapter 109A of 
        title 18, United States Code;
            ``(2) contact, without consent, between any part of 
        the defendant's body or an object and the genitals or 
        anus of another person;
            ``(3) contact, without consent, between the 
        genitals or anus of the defendant and any part of 
        another person's body;
            ``(4) deriving sexual pleasure or gratification 
        from the infliction of death, bodily injury, or 
        physical pain on another person; or
            ``(5) an attempt or conspiracy to engage in conduct 
        described in paragraph (1)-(4).

``Rule 414. Evidence of Similar Crimes in Child Molestation Cases

      ``(a) In a criminal case in which the defendant is 
accused of an offense of child molestation, evidence of the 
defendant's commission of another offense or offenses of child 
molestation is admissible, and may be considered for its 
bearing on any matter to which it is relevant.
      ``(b) In a case in which the Government intends to offer 
evidence under this rule, the attorney for the Government shall 
disclose the evidence to the defendant, including statements of 
witnesses or a summary of the substance of any testimony that 
is expected to be offered, at least fifteen days before the 
scheduled date of trial or at such later time as the court may 
allow for good cause.
      ``(c) This rule shall not be construed to limit the 
admission or consideration of evidence under any other rule.
      ``(d) For purposes of this rule and Rule 415, ``child'' 
means a person below the age of fourteen, and ``offense of 
child molestation'' means a crime under Federal law or the law 
of a State (as defined in section 513 of title 18, United 
States Code) that involved--
            ``(1) any conduct proscribed by chapter 109A of 
        title 18, United States Code, that was committed in 
        relation to a child;
            ``(2) any conduct proscribed by chapter 110 of 
        title 18, United States Code;
            ``(3) contact between any part of the defendant's 
        body or an object and the genitals or anus of a child;
            ``(4) contact between the genitals or anus of the 
        defendant and any part of the body of a child;
            ``(5) deriving sexual pleasure or gratification 
        from the infliction of death, bodily injury, or 
        physical pain on a child; or
            ``(6) an attempt or conspiracy to engage in conduct 
        described in paragraphs (1)-(5).

``Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual 
                    Assault or Child Molestation

      ``(a) In a civil case in which a claim for damages or 
other relief is predicated on a party's alleged commission of 
conduct constituting an offense of sexual assault or child 
molestation, evidence of that party's commission of another 
offense or offenses of sexual assault or child molestation is 
admissible and may be considered as provided in Rule 413 and 
Rule 414 of these rules.
      ``(b) A party who intends to offer evidence under this 
Rule shall disclose the evidence to the party against whom it 
will be offered, including statements of witnesses or a summary 
of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of 
trial or at such later time as the court may allow for good 
cause.
      ``(c) This rule shall not be construed to limit the 
admission or consideration of evidence under any other rule.''
      (b) Implementation.--The amendments made by subsection 
(a) shall become effective pursuant to subsection (d).
      (c) Recommendations by Judicial Conference.--Not later 
than 150 days after the date of enactment of this Act, the 
Judicial Conference of the United States shall transmit to 
Congress a report containing recommendations for amending the 
Federal Rules of Evidence as they affect the admission of 
evidence of a defendant's prior sexual assault or child 
molestation crimes in cases involving sexual assault and child 
molestation. The Rules Enabling Act shall not apply to the 
recommendations made by the Judicial Conference pursuant to 
this section.
      (d) Congressional Action.--
            (1) If the recommendations described in subsection 
        (c) are the same as the amendments made by subsection 
        (a) then the amendments made by subsection (a) shall 
        become effective 30 days after the transmittal of the 
        recommendations.
            (2) If the recommendations described in subsection 
        (c) are different than the amendments made by 
        subsection (a), the amendments made by subsection (a) 
        shall become effective 150 days after the transmittal 
        of the recommendations unless otherwise provided by 
        law.
            (3) If the Judicial Conference fails to comply with 
        subsection (c), the amendments made by subsection (a) 
        shall become effective 150 days after the date the 
        recommendations were due under subsection (c) unless 
        otherwise provided by law.
      (e) Application.--The amendments made by subsection (a) 
shall apply to proceedings commenced on or after the effective 
date of such amendments.

                  TITLE XXXIII--TECHNICAL CORRECTIONS

SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR 
                    LAW ENFORCEMENT.

    (a) Cross Reference Corrections.--Section 506 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3756) is amended--
            (1) in subsection (a) by striking ``Of'' and 
        inserting ``Subject to subsection (f), of'';
            (2) in subsection (c) by striking ``subsections (b) 
        and (c)'' and inserting ``subsection (b)'';
            (3) in subsection (e) by striking ``or (e)'' and 
        inserting ``or (f)''; and
            (4) in subsection (f)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``, taking into 
                        consideration subsection (e) but''; and
                            (ii) by striking ``this 
                        subsection,'' and inserting ``this 
                        subsection''; and
                    (B) in subparagraph (B) by striking 
                ``amount'' and inserting ``funds''.
    (b) Correctional Options Grants.--(1) Section 515(b) of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended--
            (A) by striking ``subsection (a)(1) and (2)'' and 
        inserting ``paragraphs (1) and (2) of subsection (a)''; 
        and
            (B) in paragraph (2) by striking ``States'' and 
        inserting ``public agencies''.
    (2) Section 516 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended--
            (A) in subsection (a) by striking ``for section'' 
        each place it appears and inserting ``shall be used to 
        make grants under section''; and
            (B) in subsection (b) by striking ``section 
        515(a)(1) or (a)(3)'' and inserting ``paragraph (1) or 
        (3) of section 515(a)''.
    (3) Section 1001(a)(5) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is 
amended by inserting ``(other than chapter B of subpart 2)'' 
after ``and E''.
    (c) Denial or Termination of Grant.--Section 802(b) of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3783(b)) is amended by striking ``M,,'' and 
inserting ``M,''.
    (d) Definitions.--Section 901(a)(21) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3791(21)) is amended by adding a semicolon at the end.
    (e) Public Safety Officers Disability Benefits.--Title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796) is amended--
            (1) in section 1201--
                    (A) in subsection (a) by striking 
                ``subsection (g)'' and inserting ``subsection 
                (h),''; and
                    (B) in subsection (b)--
                            (i) by striking ``subsection (g)'' 
                        and inserting ``subsection (h)'';
                            (ii) by striking ``personal''; and
                            (iii) in the first proviso by 
                        striking ``section'' and inserting 
                        ``subsection''; and
            (2) in section 1204(3) by striking ``who was 
        responding to a fire, rescue or police emergency''.
    (f) Headings.--(1) The heading for part M of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797) is amended to read as follows:


           ``part m--regional information sharing systems''.


    (2) The heading for part O of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is 
amended to read as follows:


                  ``part o--rural drug enforcement''.


    (g) Table of Contents.--The table of contents of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended--
            (1) in the item relating to section 501 by striking 
        ``Drug Control and System Improvement Grant'' and 
        inserting ``drug control and system improvement 
        grant'';
            (2) in the item relating to section 1403 by 
        striking ``Application'' and inserting 
        ``Applications''; and
            (3) in the items relating to part O by 
        redesignating sections 1401 and 1402 as sections 1501 
        and 1502, respectively.
    (h) Other Technical Amendments.--Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended--
            (1) in section 202(c)(2)(E) by striking ``crime,,'' 
        and inserting ``crime,'';
            (2) in section 302(c)(19) by striking a period at 
        the end and inserting a semicolon;
            (3) in section 602(a)(1) by striking ``chapter 
        315'' and inserting ``chapter 319'';
            (4) in section 603(a)(6) by striking ``605'' and 
        inserting ``606'';
            (5) in section 605 by striking ``this section'' and 
        inserting ``this part'';
            (6) in section 606(b) by striking ``and 
        Statistics'' and inserting ``Statistics'';
            (7) in section 801(b)--
                    (A) by striking ``parts D,'' and inserting 
                ``parts'';
                    (B) by striking ``part D'' each place it 
                appears and inserting ``subpart 1 of part E'';
                    (C) by striking ``403(a)'' and inserting 
                ``501''; and
                    (D) by striking ``403'' and inserting 
                ``503'';
            (8) in the first sentence of section 802(b) by 
        striking ``part D,'' and inserting ``subpart 1 of part 
        E or under part'';
            (9) in the second sentence of section 804(b) by 
        striking ``Prevention or'' and inserting ``Prevention, 
        or'';
            (10) in section 808 by striking ``408, 1308,'' and 
        inserting ``507'';
            (11) in section 809(c)(2)(H) by striking ``805'' 
        and inserting ``804'';
            (12) in section 811(e) by striking ``Law 
        Enforcement Assistance Administration'' and inserting 
        ``Bureau of Justice Assistance'';
            (13) in section 901(a)(3) by striking ``and,'' and 
        inserting ``, and'';
            (14) in section 1001(c) by striking ``parts'' and 
        inserting ``part''.
    (i) Conforming Amendment to Other Law.--Section 4351(b) of 
title 18, United States Code, is amended by striking 
``Administrator of the Law Enforcement Assistance 
Administration'' and inserting ``Director of the Bureau of 
Justice Assistance''.

SEC. 330002. GENERAL TITLE 18 CORRECTIONS.

    (a) Section 1031.--Section 1031(g)(2) of title 18, United 
States Code, is amended by striking ``a government'' and 
inserting ``a Government''.
    (b) Section 208.--Section 208(c)(1) of title 18, United 
States Code, is amended by striking ``Banks'' and inserting 
``banks''.
    (c) Section 1007.--The heading for section 1007 of title 
18, United States Code, is amended by striking ``Transactions'' 
and inserting ``transactions''.
    (d) Section 1014.--Section 1014 of title 18, United States 
Code, is amended by striking the comma that follows a comma.
    (e) Elimination of Obsolete Cross Reference.--Section 3293 
of title 18, United States Code, is amended by striking 
``1008,''.
    (f) Elimination of Duplicate Subsection Designation.--
Section 1031 of title 18, United States Code, is amended by 
redesignating the second subsection (g) as subsection (h).
    (g) Technical Amendment to Part Analysis for Part I.--The 
item relating to chapter 33 in the part analysis for part I of 
title 18, United States Code, is amended by striking ``701'' 
and inserting ``700''.
    (h) Amendment to Section 924(a)(1)(B).--Section 
924(a)(1)(B) of title 18, United States Code, is amended by 
striking ``(q)'' and inserting ``(r)''.
    (i) Punctuation Correction.--Section 207(c)(2)(A)(ii) of 
title 18, United States Code, is amended by striking the 
semicolon at the end and inserting a comma.
    (j) Chapter Analysis Correction.--The chapter analysis for 
chapter 223 of title 18, United States Code, is amended by 
adding at the end the following:

``3509. Child Victims' and child witnesses' rights.''.

    (k) Elimination of Superfluous Comma.--Section 3742(b) of 
title 18, United States Code, is amended by striking 
``Government,'' and inserting ``Government''.

SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND 
                    MISDESIGNATIONS.

    (a) Section 1791 of Title 18.--Section 1791(b) of title 18, 
United States Code, is amended by striking ``(c)'' each place 
it appears and inserting ``(d)''.
    (b) Section 2703 of Title 18.--Section 2703(d) of title 18, 
United States Code, is amended by striking ``section 
3126(2)(A)'' and inserting ``section 3127(2)(A)''.
    (c) Section 666 of Title 18.--Section 666(d) of title 18, 
United States Code, is amended--
            (1) by redesignating the second paragraph (4) as 
        paragraph (5);
            (2) by striking ``and'' at the end of paragraph 
        (3); and
            (3) by striking the period at the end of paragraph 
        (4) and inserting ``; and''.
    (d) Section 4247 of Title 18.--Section 4247(h) of title 18, 
United States Code, is amended by striking ``subsection (e) of 
section 4241, 4243, 4244, 4245, or 4246,'' and inserting 
``subsection (e) of section 4241, 4244, 4245, or 4246, or 
subsection (f) of section 4243,''.
    (e) Section 408 of the Controlled Substance.--Section 
408(b)(2)(A) of the Controlled Substances Act (21 U.S.C. 
848(b)(2)(A)) is amended by striking ``subsection (d)(1)'' and 
inserting ``subsection (c)(1)''.
    (f) Maritime Drug Law Enforcement Act.--(1) Section 994(h) 
of title 28, United States Code, is amended by striking 
``section 1 of the Act of September 15, 1980 (21 U.S.C. 955a)'' 
each place it appears and inserting ``the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
    (2) Section 924(e) of title 18, United States Code, is 
amended by striking ``the first section or section 3 of Public 
Law 96-350 (21 U.S.C. 955a et seq.)'' and inserting ``the 
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et 
seq.)''.
    (g) Section 2596 of the Crime Control Act of 1990.--Section 
2596(d) of the Crime Control Act of 1990 is amended, effective 
retroactively to the date of enactment of such Act, by striking 
``951(c)(1)'' and inserting ``951(c)(2)''.
      (h) Federal Rules of Criminal Procedure.--Rule 46(i)(1) 
of the Federal Rules of Criminal Procedure for the United 
States Courts is amended by striking ``18 U.S.C. Sec. 3144'' 
and inserting ``18 U.S.C. Sec. 3142''.

SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

    Title 18, United States Code, is amended--
            (1) in section 212 by striking ``or of any National 
        Agricultural Credit Corporation,'' and by striking ``or 
        National Agricultural Credit Corporations,'';
            (2) in section 213 by striking ``or examiner of 
        National Agricultural Credit Corporations'';
            (3) in section 709 by striking the seventh and 
        thirteenth paragraphs;
            (4) in section 711 by striking the second 
        paragraph;
            (5) by striking section 754 and amending the 
        chapter analysis for chapter 35 by striking the item 
        relating to section 754;
            (6) in sections 657 and 1006 by striking 
        ``Reconstruction Finance Corporation,'' and striking 
        ``Farmers' Home Corporation,'';
            (7) in section 658 by striking ``Farmers' Home 
        Corporation,'';
            (8) in section 1013 by striking ``, or by any 
        National Agricultural Credit Corporation'';
            (9) in section 1160 by striking ``white person'' 
        and inserting ``non-Indian'';
            (10) in section 1698 by striking the second 
        paragraph;
            (11) by striking sections 1904 and 1908 and 
        amending the chapter analysis for chapter 93 by 
        striking the items relating to those sections;
            (12) in section 1909 by inserting ``or'' before 
        ``farm credit examiner'' and by striking ``or an 
        examiner of National Agricultural Credit 
        Corporations,'';
            (13) by striking sections 2157 and 2391 and 
        amending the chapter analysis for chapter 105 and for 
        115, respectively, by striking the items relating to 
        those sections;
            (14) in section 2257 by striking the subsections 
        (f) and (g) that were enacted by Public Law 100-690;
            (15) in section 3113 by striking the third 
        paragraph;
            (16) in section 3281 by striking ``except for 
        offenses barred by the provisions of law existing on 
        August 4, 1939'';
            (17) in section 443 by striking ``or (3) five years 
        after 12 o'clock noon of December 31, 1946,'';
            (18) in sections 542, 544, and 545 by striking 
        ``the Philippine Islands,''; and
            (19) in section 1073--
                    (A) by striking ``or which, in the case of 
                New Jersey, is a high misdemeanor under the 
                laws of said State,''; and
                    (B) by striking ``or which in the case of 
                New Jersey, is a high misdemeanor under the 
                laws of said State,''.

SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT 
                    PRACTICES ACT.

    Section 104(a)(3) of the Foreign Corrupt Practices Act of 
1977 (15 U.S.C. 78dd-2) is amended by striking ``issuer'' and 
inserting ``domestic concern''.

SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C. 
                    1116.

    Section 1116(a) of title 18, United States Code, is amended 
by striking ``, and any such person who is found guilty of 
attempted murder shall be imprisoned for not more than twenty 
years''.

SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.

    Section 1864(c) of title 18, United States Code, is amended 
by striking ``(b) (3), (4), or (5)'' and inserting ``(b)(5)''.

SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.

    Title 18, United States Code, is amended--
            (1) in section 513(c)(4) by striking ``association 
        or persons'' and inserting ``association of persons'';
            (2) in section 1956(e) by striking ``Evironmental'' 
        and inserting ``Environmental'';
            (3) in section 3125--
                    (A) in subsection (a)(2) by striking 
                ``use'' and the quotation mark that immediately 
                follows it and inserting ``use;'';
                    (B) by realigning the matter in subsection 
                (a)(2) that begins with ``may have installed'' 
                and ends with ``section 3123 of this title'' so 
                that it is flush to the left margin; and
                    (C) by striking ``provider for'' and 
                inserting ``provider of'' in subsection (d);
            (4) in section 3731 by striking ``order of a 
        district courts'' and inserting ``order of a district 
        court'' in the second undesignated paragraph;
            (5) in section 151 by striking ``mean'' and 
        inserting ``means'';
            (6) in section 208(b) by inserting ``if'' after 
        ``(4)'';
            (7) in section 209(d) by striking ``under the terms 
        of the chapter 41'' and inserting ``under the terms of 
        chapter 41'';
            (8) in section 1014 by inserting a comma after 
        ``National Credit Union Administration Board`'; and
            (9) in section 3291 by striking ``the afore-
        mentioned'' and inserting ``such''.

SEC. 330009. OTHER TECHNICAL AMENDMENTS.

    (a) Section 419 of Controlled Substances Act.--Section 
419(b) of the Controlled Substances Act (21 U.S.C. 860(b)) is 
amended by striking ``years Penalties'' and inserting ``years. 
Penalties''.
    (b) Section 667.--Section 667 of title 18, United States 
Code, is amended by adding at the end the following: ``The term 
`livestock' has the meaning set forth in section 2311 of this 
title.''.
    (c) Section 1114.--Section 1114 of title 18, United States 
Code, is amended by striking ``or any other officer, agency, or 
employee of the United States'' and inserting ``or any other 
officer or employee of the United States or any agency 
thereof''.
    (d) Section 408 of Controlled Substances Act.--Section 
408(q)(8) of the Controlled Substances Act (21 U.S.C. 
848(q)(8)) is amended by striking ``applications, for writ'' 
and inserting ``applications for writ''.

SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.

    Title 18, United States Code, is amended--
            (1) in section 212 by striking ``218'' and 
        inserting ``213'';
            (2) in section 1917--
                    (A) by striking ``Civil Service 
                Commission'' and inserting ``Office of 
                Personnel Management''; and
                    (B) by striking ``the Commission'' in 
                paragraph (1) and inserting ``such Office'';
            (3) by transferring the subchapter analysis for 
        each subchapter of each of chapters 227 and 229 to 
        follow the heading of that subchapter;
            (4) so that the heading of section 1170 reads as 
        follows:

``Sec. 1170. Illegal trafficking in Native American human remains and 
                    cultural items'';

            (5) so that the item relating to section 1170 in 
        the chapter analysis for chapter 53 reads as follows:

``1170. Illegal trafficking in Native American human remains and 
          cultural items.'';

            (6) in section 3509(a) by striking paragraph (11) 
        and redesignating paragraphs (12) and (13) as 
        paragraphs (11) and (12), respectively;
            (7) in section 3509--
                    (A) by striking ``subdivision'' each place 
                it appears and inserting ``subsection''; and
                    (B) by striking ``government'' each place 
                it appears and inserting ``Government'';
            (8) in section 2252(a)(3)(B) by striking 
        ``materails'' and inserting `` materials'';
            (9) in section 14 by striking ``45,'' and ``608, 
        611, 612,'';
            (10) in section 3059A--
                    (A) in subsection (b) by striking ``this 
                subsection'' and inserting ``subsection''; and
                    (B) in subsection (c) by striking ``this 
                subsection'' and inserting ``subsection'';
            (11) in section 1761(c)--
                    (A) by striking ``and'' at the end of 
                paragraph (1);
                    (B) by inserting ``and'' at the end of 
                paragraph (3); and
                    (C) by striking the period at the end of 
                paragraph (2)(B) and inserting a semicolon;
            (12) in the chapter analysis for chapter 11--
                    (A) in the item relating to section 203 by 
                inserting a comma after ``officers'' and by 
                striking the comma after ``others''; and
                    (B) in the item relating to section 204 by 
                inserting ``the'' before ``United States Court 
                of Appeals for the Federal Circuit'';
            (13) in the chapter analysis for chapter 23, in the 
        item relating to section 437, by striking the period 
        immediately following ``Indians'';
            (14) in the chapter analysis for the beginning of 
        chapter 25, in the item relating to section 491, by 
        striking the period immediately following ``paper used 
        as money'';
            (15) in section 207(a)(3) by striking 
        ``Clarification of Restrictions'' and inserting 
        ``Clarification of restrictions'';
            (16) in section 176 by striking ``the government'' 
        and inserting ``the Government'';
            (17) in section 3059A(e)(2)(iii) by striking 
        ``backpay'' and inserting ``back pay''; and
            (18) by adding a period at the end of the item 
        relating to section 3059A in the chapter analysis for 
        chapter 203.

SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.

    (a) Incorrect Reference.--Section 2587(b) of Public Law 
101-647 is amended, effective as of the date on which that 
section took effect, by striking ``The chapter heading for'' 
and inserting ``The chapter analysis for''.
    (b) Lack of Punctuation in Stricken Language.--Section 
46(b) of the Criminal Law and Procedure Technical Amendments 
Act of 1986 is amended, effective as of the date on which that 
section took effect, so that--
            (A) in paragraph (1), the matter proposed to be 
        stricken from the beginning of section 201(b) of title 
        18, United States Code, reads ``(b) Whoever, 
        directly''; and
            (B) in paragraph (2), a comma, rather than a 
        semicolon, appears after ``his lawful duty'' in the 
        matter to be stricken from paragraph (3) of section 
        201(b) of that title.
    (c) Biological Weapons.--(1) Section 3(b) of the Biological 
Weapons Anti-Terrorism Act of 1989 is amended, effective as of 
the date on which that section took effect, by striking 
``2516(c)'' and inserting ``2516(1)(c)''.
    (2) The item in the part analysis for part I of title 18, 
United States Code, that relates to chapter 10 is amended by 
striking ``Weapons'' and inserting ``weapons''.
    (d) Placement of New Section.--Section 404(a) of Public Law 
101-630 is amended, effective on the date such section took 
effect, by striking ``adding at the end thereof'' each place it 
appears and inserting ``inserting after section 1169''.
    (e) Elimination of Erroneous Characterization of Matter 
Inserted.--Section 225(a) of Public Law 101-647 is amended, 
effective as of the date on which that section took effect, by 
striking ``new rule''.
    (f) Clarification of Placement of Amendment.--Section 
1205(c) of Public Law 101-647 is amended, effective as of the 
date on which that section took effect, by inserting ``at the 
end'' after ``adding''.
    (g) Elimination of Duplicate Amendment.--Section 1606 of 
Public Law 101-647 (amending section 1114 of title 18, United 
States Code) is repealed effective as of the date of enactment 
of that section.
    (h) Error in Amendment Phrasing.--Section 3502 of Public 
Law 101-647 is amended, effective as of the date on which that 
section took effect, by striking ``10'' and inserting ``ten''.
    (i) Clarification that Amendments Were to Title 18.--
Sections 3524, 3525, and 3528 of Public Law 101-647 are each 
amended, effective as of the date on which those sections took 
effect, by inserting ``of title 18, United States Code'' before 
``is amended''.
    (j) Correction of Paragraph Reference.--Section 3527 of 
Public Law 101-647 is amended, effective as of the date on 
which that section took effect, by striking ``4th'' and 
inserting ``5th''.
    (k) Repeal of Obsolete Technical Correction to Section 
1345.--Section 3542 of Public Law 101-647 is repealed, 
effective as of the date of its enactment.
    (l) Repeal of Obsolete Technical Correction to Section 
1956.--Section 3557(2)(E) of Public Law 101-647 is repealed, 
effective as of the date of its enactment.
    (m) Clarification of Placement of Amendments.--Public Law 
101-647 is amended, effective as of the date of its enactment--
            (1) in section 3564(1) by inserting ``each place it 
        appears'' after the quotation mark following ``2251'' 
        the first place it appears; and
            (2) in section 3565(3)(A) by inserting ``each place 
        it appears'' after the quotation mark following 
        ``subchapter''.
    (n) Correction of Word Quoted in Amendment.--Section 
3586(1) of Public Law 101-647 is amended, effective as of the 
date on which that section took effect, by striking ``fines'' 
and inserting ``fine''.
    (o) Elimination of Obsolete Technical Amendment to Section 
4013.--Section 3599 of Public Law 101-647 is repealed, 
effective as of the date of its enactment.
    (p) Correction of Directory Language.--Section 3550 of 
Public Law 101-647 is amended, effective as of the date on 
which that section took effect, by striking ``not more than''.
    (q) Repeal of Duplicate Provisions.--(1) Section 3568 of 
Public Law 101-647 is repealed, effective as of the date on 
which that section took effect.
    (2) Section 1213 of Public Law 101-647 is repealed, 
effective as of the date on which that section took effect.
    (r) Correction of Words Quoted in Amendment.--Section 
2531(3) of Public Law 101-647 is amended, effective as of the 
date on which that section took effect, by striking 
``1679(c)(2)'' and inserting ``1679a(c)(2)''.
    (s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is 
amended, effective as of the date on which that section took 
effect--
            (A) by inserting a comma after ``, 5316''; and
            (B) by inserting ``the first place it appears'' 
        after the quotation mark following ``5313(a)''.
    (2) Section 2525(a)(2) of Public Law 101-647 is amended, 
effective as of the date on which that section took effect, by 
striking ``108(3)'' and inserting ``2508(3)''.

SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMINATE 
                    DUPLICATE PREDICATE CRIMES.

    Section 1956 of title 18, United States Code, is amended in 
subsection (c)(7)(E), by striking the period that follows a 
period.

SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.

    Part V of title 18, United States Code, is amended--
            (1) by inserting after the heading for that part 
        the following:

                 ``CHAPTER 601--IMMUNITY OF WITNESSES'';

            (2) in section 6001(1)--
                    (A) by striking ``Atomic Energy 
                Commission'' and inserting ``Nuclear Regulatory 
                Commission''; and
                    (B) by striking ``the Subversive Activities 
                Control Board,''
            (3) by striking ``part'' the first place it appears 
        and inserting ``chapter''; and
            (4) by striking ``part'' each other place it 
        appears and inserting ``title''.

SEC. 330014. UPDATE OF CROSS REFERENCE.

    Section 408(n)(11) of the Controlled Substances Act is 
amended by striking ``section 405'' and inserting ``section 
418''.

SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.

    Section 1904 of Public Law 101-647 is amended, effective as 
of the date on which that section took effect, by striking ``by 
inserting a new subsection (e) as follows'' and inserting ``so 
that subsection (e) reads as follows''.

SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE AMOUNTS IN 
                    OFFENSES UNDER TITLE 18.

    Title 18, United States Code, is amended--
            (1)(A) in sections 1693, 1694, 1695, and 1696 by 
        striking ``not more than $50'' and inserting ``under 
        this title'';
            (B) in sections 333, 489, 754, 1303, 1699, 1701, 
        1703, 1710, 1723, 1726, 1730, and 2390 by striking 
        ``not more than $100'' and inserting ``under this 
        title'';
            (C) in sections 1697 and 1698 by striking ``not 
        more than $150'' and inserting ``under this title'';
            (D) in sections 1165 and 2279 by striking ``not 
        more than $200'' and inserting ``under this title'';
            (E) in sections 701, 702, 703, 704, 705, 706, 707, 
        708, 710, 711, 711a, 713, 715, 1164, and 1858 by 
        striking ``not more than $250'' each place it appears 
        and inserting ``under this title'';
            (F) in sections 916, 1501, 1502, 1719, 1725, and 
        1861 by striking ``not more than $300'' and inserting 
        ``under this title'';
            (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 
        288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 
        917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 
        1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 
        1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 
        1913, 1922, 2074, 2195, and 2511 by striking ``not more 
        than $500'' each place it appears and inserting ``under 
        this title'';
            (H) in sections 81, 210, 211, 215, 217, 242, 245, 
        291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 
        503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 
        641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 
        654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 
        752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 
        879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 
        1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 
        1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 
        1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 
        1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 
        2382, and 2389 by striking ``not more than $1,000'' 
        each place it appears and inserting ``under this 
        title'';
            (I) in sections 331, 482, 486, 499, 755, 873, 958, 
        1016, 1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 
        1621, 1622, 1702, 1708, 1709, 1920, 1921, 1923, 2071, 
        2193, 2233, 2386, and 2424 by striking ``not more than 
        $2,000'' each place it appears and inserting ``under 
        this title'';
            (J) in sections 431, 432, 479, 960, 1859, 1901, 
        1911, and 1959 by striking ``not more than $3,000'' and 
        inserting ``under this title'';
            (K) in sections 35, 81, 112, 152, 153, 155, 212, 
        213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 
        476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 
        508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 
        551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 
        659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 
        877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 
        1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 
        1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 
        1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 
        1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 
        1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 
        1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 
        2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 
        2701 by striking ``not more than $5,000'' each place it 
        appears and inserting ``under this title'';
            (L) in sections 33, 224, 231, 241, 245, 246, 286, 
        289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 
        500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 
        757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 
        962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 
        1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 
        1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 
        1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 
        1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 
        2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 
        2314, 2315, 2383, 2386, 2387, 2388, and 2512 by 
        striking ``not more than $10,000'' each place it 
        appears and inserting ``under this title'';
            (M) in section 1028 by striking ``not more than 
        $15,000'' and inserting ``under this title'';
            (N) in sections 844, 878, 1728, 1955, 1958, 2321, 
        2384, and 2385 by striking ``not more than $20,000'' 
        each place it appears and inserting ``under this 
        title'';
            (O) in sections 32, 114, 753, 1028, 1365, 1512, 
        1792, and 2118 by striking ``not more than $25,000'' 
        each place it appears and inserting ``under this 
        title'';
            (P) in section 2118 by striking ``not more than 
        $35,000'' and inserting ``under this title'';
            (Q) in sections 1365, 1958, and 2118 by striking 
        ``not more than $50,000'' and inserting ``under this 
        title'';
            (R) in section 951 by striking ``not more than 
        $75,000'' and inserting ``under this title'';
            (S) in sections 32, 1167, 1365, 2251, and 2344 by 
        striking ``not more than $100,000'' each place it 
        appears and inserting ``under this title'';
            (T) in section 2251 by striking ``not more than 
        $200,000'' and inserting ``under this title''; and
            (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 
        2320, and 2701 by striking ``not more than $250,000'' 
        and inserting ``under this title'';
            (2)(A) in sections 3 and 373 by inserting 
        ``(notwithstanding section 3571)'' before ``fined not 
        more than one-half'';
            (B) in section 113 by striking ``fine of not more 
        than'' through the immediately following dollar amount 
        each place it appears and inserting ``a fine under this 
        title'';
            (C) in sections 115, 513, 709, 831, 1366, 1511 and 
        1959 by striking ``of not more than'' through the 
        immediately following dollar amount each place it 
        appears and inserting ``under this title'';
            (D) in section 201 by inserting ``under this title 
        or'' after ``be fined''; and by inserting ``whichever 
        is greater,'' before ``or imprisoned'';
            (E) in section 402 by striking ``fine'' the first 
        place it appears and inserting ``a fine under this 
        title'';
            (F) in section 443 by striking ``shall, if a 
        corporation, be fined not more than $50,000, and, if a 
        natural person, be fined not more than $10,000'' and 
        inserting ``shall be fined under this title'';
            (G) in sections 643, 644, 645, 647, 648, 649, 650, 
        651, 652, 653, and 1711 by inserting ``under this title 
        or'' after ``be fined'' the first place it appears; and 
        by inserting ``, whichever is greater,'' before ``or 
        imprisoned the first place it appears;
            (H) in sections 646 and 654 by inserting ``under 
        this title or'' after ``be fined'' the first place it 
        appears; and by inserting ``whichever is greater,'' 
        before ``or imprisoned'' the first place it appears;
            (I) in section 1029 by striking ``of not more 
        than'' through the immediately following dollar amount 
        each place it appears and inserting ``under this 
        title''; and by inserting ``, whichever is greater,'' 
        before ``or imprisonment'' each place it appears;
            (J) in section 2381 by inserting ``under this title 
        but'' before ``not less than $10,000''; and
            (K) in section 3146(b)(1)(A)(iv) by striking ``fine 
        under this chapter'' and inserting ``fined under this 
        title''.

SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.

    (a) Title 31, U.S.C., Amendments.--
            (1) Section 5321(a)(5)(A) of title 31, United 
        States Code, is amended by inserting ``any violation 
        of'' after ``causing''.
            (2) Section 5324(a) of title 31, United States 
        Code, is amended--
                    (A) by striking ``section 5313(a), section 
                5325, or the regulations issued thereunder or 
                section 5325 or regulations prescribed under 
                such section 5325'' each place it appears and 
                inserting ``section 5313(a) or 5325 or any 
                regulation prescribed under any such section''; 
                and
                    (B) by striking ``with respect to such 
                transaction''.
    (b) Amendment Relating to Title 31, U.S.C.--
            (1) Effective as of the date of enactment of the 
        Annunzio-Wylie Anti-Money Laundering Act, section 
        1517(b) of that Act is amended by striking ``5314'' and 
        inserting ``5318''.
            (2) Section 5239 of the Revised Statutes of the 
        United States is amended by redesignating the second 
        subsection (c) (as added by section 1502(a) of the 
        Annunzio-Wylie Anti-Money Laundering Act) as subsection 
        (d).

SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND TRANSFER 
                    OF CHILD ABUSE STATUTE OF LIMITATION.

    (a) In General.--Section 3283 of title 18, United States 
Code, is amended to read as follows:

``Sec. 3283. Child abuse offenses

    ``No statute of limitations that would otherwise preclude 
prosecution for an offense involving the sexual or physical 
abuse of a child under the age of 18 years shall preclude such 
prosecution before the child reaches the age of 25 years.''.
    (b) Conforming Repeal.--Section 3509(k) of title 18, United 
States Code, is amended by striking the subsection heading and 
the first sentence and inserting ``Stay of Civil Action.--''.
    (c) Technical Amendment.--The item in the chapter analysis 
for chapter 213 of title 18, United States Code, that relates 
to section 3283 is amended to read as follows:

``3283. Child abuse offenses.''.

SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.

    (a) Technical Corrections.--Section 1956 of title 18, 
United States Code, is amended--
            (1) in subsection (c)(7)(B)(iii) by inserting a 
        close parenthesis after ``1978'';
            (2) by redesignating the second subsection (g) as 
        subsection (h); and
            (3) in subsection (a)(2) by inserting ``not more 
        than'' before ``$500,000''.
    (b) Cross Reference Correction.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking ``section 
9(c) of the Food Stamp Act of 1977'' and inserting ``section 15 
of the Food Stamp Act of 1977''.

SEC. 330020. TECHNICAL ERROR.

    Section 1957(f)(1) of title 18, United States Code, is 
amended by striking the comma that follows a comma.

SEC. 330021. CONFORMING SPELLING OF VARIANTS OF ``KIDNAP''.

    Title 18, United States Code, is amended--
            (1) by striking ``kidnaping'' each place it appears 
        and inserting ``kidnapping''; and
            (2) by striking ``kidnaped'' each place it appears 
        and inserting ``kidnapped''.

SEC. 330022. MARGIN ERROR.

    Section 2512(2) of title 18, United States Code, is amended 
by realigning the matter that begins with ``to send through'' 
and ends with ``electronic communications'' so that it is flush 
to the left margin.

SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF TITLE 18, 
                    UNITED STATES CODE.

    (a) In General.--Chapter 13 of title 18, United States 
Code, is amended--
            (1) in the chapter analysis so that the item 
        relating to section 248 reads as follows:

``248. Freedom of access to clinic entrances.'';

            (2) so that the heading of section 248 reads as 
        follows:

``Sec. 248. Freedom of access to clinic entrances''; and

            (3) in section 248(b) by inserting ``, 
        notwithstanding section 3571,'' before ``be not more 
        than $25,000''.
    (b) Effective Date.--The amendments made by this subsection 
(a) shall take effect on the date of enactment of the Freedom 
of Access to Clinic Entrances Act of 1994.

SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE ENACTMENT OF THE 
                    DOMESTIC CHEMICAL DIVERSION CONTROL ACT OF 1993.

    (a) Missing conjunction.--Section 102(39)(A)(iv) of the 
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended 
by striking the period at the end and inserting ``; or''.
    (b) Punctuation and Indentation Correction.--Section 
102(34) of the Controlled Substances Act is amended--
            (1) by moving subparagraphs (V) and (W) two ems 
        toward the left margin;
            (2) in subparagraph (V) by striking ``b'' and 
        inserting ``B''; and
            (3) in subparagraph (W) by striking ``n'' the first 
        place it appears and inserting ``N''.
    (c) Erroneous Cross References.--
            (1) Section 5(a) of the Domestic Chemical Diversion 
        Control Act of 1993 is amended by striking ``section 
        1505(a)'' and inserting ``section 4''.
            (2) Section 9(b) of the Domestic Chemical Diversion 
        Control Act of 1993 is amended by striking ``Controlled 
        Substances Act'' and inserting ``Controlled Substances 
        Import and Export Act''.
    (d) Correction of Amendatory Language.--
            (1) Section 2(a)(4)(B) of the Domestic Chemical 
        Diversion Control Act of 1993 is amended by inserting 
        ``the first place it appears'' before the semicolon.
            (2) Section 5(b)(3) of the Domestic Chemical 
        Diversion Control Act of 1993 is amended by striking 
        ``at the end'' and inserting ``after paragraph (4)''.
    (e) Missing Conforming Amendment.--Section 304(g) of the 
Controlled Substances Act is amended by inserting ``or 
chemical'' after ``such substance'' in the last sentence.
    (f) Effective Date.--The amendments made by this section 
shall take effect as of the date that is 120 days after the 
date of enactment of the Domestic Chemical Diversion Control 
Act of 1993.

SEC. 330025. VICTIMS OF CRIME ACT.

    (a) Incorrect Section Reference.--Section 1402(d)(3) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended 
by striking ``1404(a)'' and inserting ``1404A''.
    (b) Missing Text.--Section 1403(b)(1) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended by 
inserting after ``domestic violence'' the following: ``for--
                    ``(A) medical expenses attributable to a 
                physical injury resulting from compensable 
                crime, including expenses for mental health 
                counseling and care;
                    ``(B) loss of wages attributable to a 
                physical injury resulting from a compensable 
                crime; and
                    ``(C) funeral expenses attributable to a 
                death resulting from a compensable crime''.
      And the House agree to the same.
      That the Senate recede from its disagreement to the 
amendment of the House to the title of the bill and agree to 
the same with an amendment as follows:
      In lieu of the matter proposed to be inserted by the 
amendment of the House to the title of the bill, insert the 
following: ``An Act to control and prevent crime.''.
      And the House agree to the same.
                                   Jack Brooks,
                                   Don Edwards,
                                   Bill Hughes,
                                   Charles Schumer,
                                   John Conyers,
                                   Pat Schroeder,
                                   Barney Frank,
                                   Michael N. Castle,
                As additional conferees from the Committee on 
                Agriculture, for consideration of sections 
                4601-08, 5105, and 5145 of the Senate 
                amendment, and modifications committed to 
                conference:
                                   E de la Garza,
                                   Charlie Rose,
                                   Charlie Stenholm,
                                   Pat Roberts,
                                   Richard Pombo,
                As additional conferees from the Committee on 
                Banking, Finance and Urban Affairs, for 
                consideration of sections 2201-04, 2301, and 
                4901-33 of the Senate amendment, and sections 
                1031(b), 1038, and 1099AA-1099CC of the House 
                amendment, and modifications committed to 
                conference:
                                   Henry Gonzalez,
                                   Stephen Neal,
                                   Bruce F. Vento,
                As additional conferees from the Committee on 
                Education and Labor, for consideration of 
                sections 631-33, 662(e), 662(f), 811-16, 921-
                28, 1121-50, 1331, 2801-03, 3261, 3263, 3311, 
                3341, 3351, 3361, 3381-83, 3501, 3707, 4001-09, 
                4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122, 
                5135, 5140, 5142-43, and 5147 of the Senate 
                amendment, and sections 1010-26, 1030-34, 1038, 
                1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-
                1099O, 1099P-1099T, 1606, 1610, 1653-54, 
                1902(e), 1902(f), 2201-02, 2701-39, 3061-62, 
                3089-90, of the House amendment, and 
                modifications committed to conference:
                                   William D. Ford,
                                   Dale E. Kildee,
                As additional conferees from the Committee on 
                Energy and Commerce, for consideration of 
                sections 1503-04, 1511-23, 1532, 1534-35, 1537, 
                1902(e), 3101-03, 3261, and 5166 of the Senate 
                amendment, and sections 1010-26, 1041-44, 1606, 
                2901-03, and 3086 of the House amendment, and 
                modifications committed to conference:
                                   John D. Dingell,
                                   Henry A. Waxman,
                                   Cardiss Collins,
                As additional conferees from the Committee on 
                Government Operations, for consideration of 
                sections 1353-54, 1535, and 5150 of the Senate 
                amendment, and sections 1075-76 of the House 
                amendment, and modifications committed to 
                conference:

                Provided, Mr. Spratt and Mr. Kyl are appointed 
                in lieu of Mr. Waxman and Mr. Clinger solely 
                for the consideration of sections 1535 and 5150 
                of the Senate amendment.
                                   John M. Spratt, Jr.,
                As additional conferees from the Committee on 
                Merchant Marine and Fisheries, for 
                consideration of sections 713-15, 4601-08, 
                5105, and 5145 of the Senate amendment, and 
                modifications committed to conference:
                                   Gary E. Studds,
                                   George Hochbrueckner,
                As additional conferees from the Committee on 
                Natural Resources, for consideration of 
                sections 3232-33, 4601-08, and 5145 of the 
                Senate amendment and sections 1099U-1099Z of 
                the House amendment, and modifications 
                committed to conference:
                                   George Miller,
                                   Bruce Vento,
                                   Karen Shepherd,
                                   Don Young,
                Provided, Ms. English of Arizona is appointed 
                in lieu of Ms. Shepherd solely for the 
                consideration of sections 4601-08 of the Senate 
                amendment.
                                   Karen English,
                Provided, Mr. Hinchey is appointed in lieu of 
                Ms. Shepherd solely for the consideration of 
                sections 1099U-1099Z of the House amendment.
                                   Maurice Hinchey,
                As additional conferees from the Committee on 
                Post Office and Civil Service, for 
                consideration of sections 1352 and 3371 of the 
                Senate amendment, and modifications committed 
                to conference:
                                   William Clay,
                                   Frank McCloskey,
                                   Eleanor H. Norton,
                                   Constance Morella,
                As additional conferees from the Committee on 
                Public Works and Transportation, for 
                consideration of sections 1533, 1536, and 3231 
                of the Senate amendment, and section 1801 of 
                the House amendment and modifications committed 
                to conference:
                                   Norman Y. Mineta,
                                   Nick Rahall,
                                   Bud Shuster,
                                   Thomas E. Petri,
                As additional conferees from the Committee on 
                Rules, for consideration of sections 1353-54 of 
                the Senate amendment, and modifications 
                committed to conference:
                                   Butler Derrick,
                As additional conferees from the Committee on 
                Ways and Means, for consideration of sections 
                311(b), 1502, 1515-16, 1802, 4702(e)(1), 5102, 
                and 5113 of the Senate amendment, and 
                modifications committed to conference:
                                   Dan Rostenkowski,
                                   Sam Gibbons,
                                   J.J. Pickle,
                                 Managers on the Part of the House.

                                   Joseph R. Biden, Jr.,
                                   Ted Kennedy,
                                   Howard Metzenbaum,
                                   Dennis DeConcini,
                                   Pat Leahy,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the House to the bill (H.R. 3355), to amend 
the Omnibus Crime Control and Safe Streets Act of 1968 to allow 
grants to increase police presence, to expand and improve 
cooperative efforts between law enforcement agencies and 
members of the community to address crime and disorder 
problems, and otherwise to enhance public safety, submit the 
following joint statement to the House and the Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report:

                  TITLE I--PUBLIC SAFETY AND POLICING

      House sections 1401-02 recede to Senate sections 101-02 
and that portion of section 103 dealing with ``Cops on the 
Beat'' with the following modifications: the minimum amount for 
each qualified State is 0.5 percent; all applications will be 
direct to the Attorney General with special provisions for 
expedited submission and approval of applications from 
America's small jurisdictions as well as for small grants for 
non-police hiring; cost per police officer shall be limited to 
$75,000 which may be expended for periods up to five years; 
hiring funds may also be used to train new career law 
enforcement officers for community policing; 50 percent of the 
monies must be granted to jurisdictions with populations over 
150,000, the remaining 50 percent must be allocated to 
jurisdictions with populations of 150,000 or less; the addition 
of the House provision regarding coordination of other Federal 
programs; a revised minority recruitment section; the addition 
of Indian tribal governments; and other modifications.
      The Conferees are particularly concerned about those 
areas where members of racial and ethnic minority groups and 
women are highly under-represented in the law enforcement 
agency's sworn positions. The Conferees encourage the Attorney 
General to review this matter carefully in the applications 
from such areas.
      One of the modifications permits additional flexibility 
in the use of grant funds. The Conferees were informed that, in 
some police departments, payment of overtime or purchase of 
computers or other technology or the employment of support 
personnel will enable officers to be deployed, or redeployed 
from non-patrol assignments, to community-oriented policing 
assignments. The additional flexibility is intended to achieve 
that goal.
      Thus, in addition to the use of grant funds pursuant to 
1701(b) to hire or rehire police officers, a limited amount of 
such funds can be used for the payment of overtime or 
procurement of equipment, technology or support systems or 
support personnel, provided that expenditures for such purposes 
enable additional officers to be deployed to community-oriented 
policing assignments. The Conferees also note that, in 
appropriate circumstances, the permissible uses of the funding 
pursuant to section 1701(d) could also include payment for 
overtime.
      The Conferees intend that the Attorney General, in 
awarding grants that will be used for redeployment purposes, 
take into consideration the extent to which police departments 
are committed to consultation about such redeployment with 
representatives of local labor organizations that represent 
police officers.
      The Conferees also note Congress has found with regard to 
this title that: (1) according to data compiled by the Federal 
Bureau of Investigation, in 1961, there was approximately 1 
reported violent crime per city police officer; but, while from 
1961-1991 there was no substantial increase in United States 
cities' police employment rate, during the same period the 
number of reported violent crimes per city police officer rose 
to approximately 4.6 per officer; (2) National Crime Survey 
figures indicate that nearly 5,000,000 households in the United 
States had at least 1 member who had been a victim of violent 
crime during 1991; (3) these victims of violence experienced 
more than 6,400,000 crimes of which about one-half were 
reported to law enforcement authorities; (4) community-oriented 
policing (``cops on the beat'') enhances communication and 
cooperation between law enforcement and members of the 
community; (5) such communication and cooperation between law 
enforcement and members of the community significantly assists 
in preventing and controlling crime and violence, thus 
enhancing public safety; and (6) while increasing and 
maintaining police resources and presence in the community are 
the long-term responsibility of State and local governments, 
State and local law enforcement agencies are in need of 
immediate assistance to begin the process of rehiring officers 
who have been laid off for budgetary reasons and hiring new, 
additional officers to assist in the implementation of 
community-oriented policing.

                           TITLE II--PRISONS

  Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

      Senate sections 1321 and 1341 recede to House sections 
601-05 and 801-04 with modifications.

               Subtitle B--Punishment for Young Offenders

      Senate section 1203, Certainty of Punishment for Young 
Offenders, recedes to House sections 2101-03 with 
modifications.

                    Subtitle C--Alien Incarceration

      Senate section 5136, reimbursement for the costs of 
incarcerating criminal illegal aliens, recedes to House section 
2403 with modifications to change the compensation criteria and 
funding provision.

                       Subtitle D--Miscellaneous

      Section 20401--House recedes to Senate section 1301, 
offender's place of imprisonment.
      Section 20402--House recedes to Senate section 1302, 
prison impact statements, with modification.
      Section 20403--House recedes to Senate section 1305, 
criminal fines to account for the cost of imprisonment.
      Section 20404--House recedes to Senate section 1325, 
supervised release pertaining to probation or parole.
      Section 20405--House recedes to Senate section 5101, 
``good time credits,'' with modification.
      Sections 20406-07--House section 3046 recedes to Senate 
section 5107, task force on prison design and construction and 
section 5112, encouraging and assessing low-cost construction 
components, with modifications. The Conferees note the sense of 
Congress that, in providing assistance to State and local 
governments, the Attorney General should emphasize the 
provision to technical assistance in implementing methods to 
promote cost efficiency and realization of savings.
      Section 20408--House recedes to Senate section 5120, 
panel of correctional educational experts, with modification.
      Section 20409--House section 3080, prison overcrowding, 
recedes to Senate section 5139. The Conferees note that this 
section has no effect on the certification or success of class 
action lawsuits.
      Section 20410--House recedes to Senate section 5149, 
Sense of Senate regarding prison facilities in Lorton, with 
technical modifications.
      Section 20411--Senate section 5135, Pell grants, recedes 
to House section 3089.
      Section 20412--Senate recedes to House section 3095, 
requiring prisoners to earn a high school diploma or G.E.D., 
with modifications.
      Section 20413--Senate recedes to House section 3021 with 
modifications to delete subsection (c), remove limit on 
facilities suitable for conversion, and conforming 
modifications.
      Section 20414--House recedes to Senate section 1303 with 
modification.
      Section 20415--House recedes to Senate section 1801-02, 
Bail Posting Reporting, with modifications to the reporting 
requirements regarding the Internal Revenue Service.
      Section 20416--House sections 3070-74, Civil Rights of 
Institutionalized Persons, recede to Senate section 5103 with 
modification to change subsection (b) to conform with current 
law.
      Section 20417--House recedes to Senate section 1324, 
notification of release of prisoners, with modification to 
lodge responsibility in the appropriate Federal entity.
      Section 20418--House recedes to Senate sections 4701-02, 
Correctional Job Training and Placement, with technical 
modification. The Conferees note with respect to this provision 
Congress finds that job training and placement are important 
to, and make a significant contribution to, the readjustment to 
society of incarcerated persons and ex-offenders; and there is 
a growing need for immediate action by the Federal Government 
to assist State and local job training programs, and job 
placement programs, that provide services to incarcerated 
persons or ex-offenders.
      Senate section 1322, NIJ study of inmate transfers, 
recedes to House.
      Senate section 1323, NIJ study of recidivism rates, 
recedes to House.
      Senate section 5125, use of anti-loitering laws, recedes 
to House.
      Senate section 5113 recedes to House.
      Senate section 5138, improvement of Federal and State 
fingerprinting systems, recedes to House.
      Senate section 5153, Sense of Senate regarding Federal 
Prison Industries, recedes to House.
      Senate section 5165, reviewing capacity of Federal 
prisons to accommodate State prisoners, recedes to House.
      House section 3066, strength training in prisons, recedes 
to Senate.
      It is the intent of the Conferees that, with the 
exception of Subtitle B of Title II (which provides for 
correctional programming for offenders up to the age of 22), 
all programs and activities for juvenile offenders funded under 
this legislation shall be carried out in a manner consistent 
with the mandates of the Juvenile Justice and Delinquency 
Prevention Act (42 U.S.C. Sec. 5600 et seq.).

                      TITLE III--CRIME PREVENTION

                Subtitle A--Ounce of Prevention Council

      Section 30101--House section 1010 recedes to Senate 
section 103, Ounce of Prevention, with modifications including 
to: (1) give President the authority to designate chair, (2) 
give authority to the Council to coordinate any program under 
the bill, but only at the request of the Council member with 
jurisdiction over the program; (3) revise Council's 
administrative responsibilities or powers; (4) revise 
evaluation component.
      The Conferees note the work of the National Crime 
Prevention Council, which serves as a resource center for the 
prevention of crime, violence, and substance abuse. Such work 
is reflected in the design of a variety of programs in this 
bill.
      Section 30102-04--Senate recedes to House section 1011 
with modifications.

         Subtitle B--Local Crime Prevention Block Grant Program

      Section 30201-08--Conferees consolidate various House and 
Senate crime prevention programs in a Local Crime Prevention 
Block Grant Program. The Attorney General is to allocate funds 
directly to units of local government based on the number of 
violent crimes and at-risk children. Funds are permitted to be 
used to carry out one or more of the purposes of the following 
House and Senate provisions: Senate section 633, Youth 
Development Centers; Senate section 5143, Olympic Youth 
Development Centers; Senate section 631, Juvenile Drug and Gang 
Prevention Grants; Senate sections 4001-09, Child Safety; House 
sections 1065-71, National Triad Program; House sections 1099I-
990, Gang Prevention Services for Boys and Girls; House 
sections 1081-96, Youth Employment and Skills Crime Prevention; 
House section 1038, Midnight Sports; House sections 1099P-99T, 
Anti-Crime Youth Councils; House sections 1099A-99C, Boys and 
Girls Clubs in Public Housing; House sections 1099B-99G, Hope 
in Youth; House proposal regarding Safe Senior Corridors; and 
House sections 1030-34, Police Partnerships and Safe Low Income 
Housing.

                              Child Safety

      The Conferees note that the problem of family violence 
does not necessarily cease when the victimized family is 
legally separated, divorced, or otherwise not sharing a 
household. During separation and divorce, family violence often 
escalates, and child custody and visitation become the new 
forum for the continuation of abuse. Some perpetrators use the 
children as pawns to control the abused party after the couple 
is separated. Every year an estimated 1,000 to 5,000 children 
are killed by their parents in the United States. In 1988, the 
Department of Justice reported that 354,100 children were 
abducted by family members who violated custody agreements or 
decrees (most victims were children from ages 2 to 11 years). 
Approximately 160,000 children are seriously injured or 
impaired by abuse or neglect each year. Studies by the American 
Humane Association indicate that reports of child abuse and 
neglect have increased by over 200 percent from 1976 to 1986; 
approximately 90 percent of children in homes in which their 
mothers are abused witness the abuse. Data indicates that women 
and children are at elevated risk for violence during the 
process of and after separation; and 50 to 70 percent of men 
who abuse their spouses or partners also abuse their children. 
Up to 75 percent of all domestic assaults reported to law 
enforcement agencies were inflicted after the separation of the 
couples; in one study of spousal homicide, over half of the 
male defendants were separated from their victims, seventy-
three percent of battered women seeking emergency medical 
services do so after separation.

                            The Triad Model

      The Conferees note that Triad cooperative models are 
sponsored by the National Sheriff's Association (NSA), the 
International Association of Chiefs of Police (IACP), and the 
American Association of Retired Persons (AARP).
      The Conferees also note that older Americans are among 
the most rapidly growing segments of our society; currently, 
older Americans comprise 15 percent of our society, and 
predictions are that by the turn of the century they will 
constitute 18 percent of the nation's population; older 
Americans find themselves uniquely situated in the society, 
environmentally and physically; many older Americans are 
experiencing increased social isolation due to fragmented and 
distant familial relations, scattered associations, limited 
access to transportation, and other insulating factors; 
physical conditions such as hearing loss, poor eyesight, 
lessened agility, and chronic and debilitating illnesses often 
contribute to a senior citizen's susceptibility to criminal 
victimization; older Americans are too frequently the victims 
of abuse and neglect, violent crime, property crime, consumer 
fraud, medical quackery, and confidence games; studies have 
found that older Americans who are victims of violent crime are 
more likely to be injured and require medical attention than 
are younger victims; victimization data on crimes against older 
Americans are incomplete and out of date, and data sources are 
partial, scattered, and not easily obtained; although a few 
studies have attempted to define and estimate the extent of 
abuse and neglect of older Americans, both in their homes and 
in institutional settings, many experts believe that abuse and 
neglect crimes are substantially underreported and undetected; 
similarly, while some evidence suggests that older Americans 
may be targeted in a range of fraudulent schemes, neither the 
Uniform Crime Report nor the National Crime Survey collects 
data on individual- or household-level fraud; many law 
enforcement agencies do not have model practices for responding 
to the criminal abuse of older Americans; law enforcement 
officers and social service providers come from different 
disciplines and frequently bring different perspectives to the 
problem of crimes against older Americans; the differences in 
approaches can inhibit a genuinely effective response; there 
are a few efforts currently under way that seek to forge 
partnerships to coordinate criminal justice and social service 
approaches to victimization of older Americans; the Triad 
program, sponsored by the National Sheriffs' Association (NSA), 
the International Association of Chiefs of Police (IACP), and 
the American Association of Retired Persons (AARP), is one such 
effort; the Assistant Secretary for Aging, as the senior 
executive branch officer formulating older Americans policy is 
an appropriate leader in efforts to reduce violent crime 
against older Americans; and recognizing that older Americans 
have the same fundamental desire as other members of our 
society to live freely, without fear or restriction due to the 
criminal element, the Federal government should seek to expand 
efforts to reduce crime against this growing and uniquely 
vulnerable segment of our population.

              Gang Prevention Services For Boys and Girls

      The Conferees note that services provided through 
existing federally supported gang prevention programs do not 
adequately address the needs of boys and girls in communities 
with high levels of gang activity and other barriers to service 
(such as large concentrations of minority populations who have 
limited English speaking proficiency, geographically isolated 
populations, and communities in which social service providers 
are limited or nonexistent); children who are exposed to gang 
activity at an early age are more likely to become gang-
involved than children who are exposed to such activity later 
in life, or children who are never exposed to such activity; 
gangs are increasingly targeting younger children for 
recruitment, especially children at middle schools and 
elementary schools; Federal studies indicate that violent crime 
has increased more significantly in the gang population 
compared to the adult population; and small community-based 
service agencies with strong ties to the educational and law 
enforcement systems offer the best chance to prevent young 
children from becoming involved in gangs.

                             Hope In Youth

      The Conferees note that larger cities around the country, 
particularly those involved in empowerment zones, are 
attempting to empower low-income and ethnic minority 
communities; programs that involve local government and local 
community leaders and that include significant participation by 
service providers, service participants, and service funders, 
as equal partners in the design and direction of a myriad of 
social service support programs have been among the most 
effective demonstration models; programs that attempt to link 
disenfranchised and disconnected citizens through an umbrella 
organization that provides guidance to public and private 
service providers have proven to be an effective strategy for 
empowering local low-income communities; families in low-income 
communities have not attained their full potential as 
productive citizens, and Federal efforts thus far have been 
insufficient to assist them in fully realizing that potential.

                          Police Partnerships

      The Conferees note that homicide is the second leading 
cause of juvenile injury deaths for all youth 15 to 24 years of 
age. Homicide rates for children and youth have more than 
doubled since 1950. Teenagers are more than twice as likely as 
adults to be victims of violent crime, such as rape, robbery or 
assault. Physical fighting severe enough to require medical 
treatment for at least one participant occurs among high school 
students in patterns similar to those of homicide. The 
incidence rates of such physical fighting are higher for males 
than females, higher for minorities than for nonminorities, and 
more frequent between acquaintances than among strangers. 
Children increasingly live amidst chronic community violence 
and experience trauma as a result of such violence. One survey 
of inner-city children 6 to 10 years of age found that over 90 
percent had witnessed some type of violence. A Chicago housing 
project survey found that virtually all children in such survey 
had firsthand experiences with shootings by the age of 5. 
Children who have been the victims of, or who have witnessed 
violence, are at risk of becoming involved in further violence 
if the trauma such children have experienced is not addressed. 
Police frequently encounter children who have been the victims 
of violence or who have witnessed violence in the course of the 
police work, but the police often lack the resource necessary 
to adequately respond to such children's needs. Child and 
family service agencies have expertise in child development and 
family issues that could support police efforts. Community-
based police, by their visibility at the neighborhood level and 
their engagement in benign activities, can provide role models 
and resources to promote the well-being of children and 
families, as well as to identify and refer those at risk for 
behavioral problems.

               Subtitle C--Model Intensive Grant Programs

      Senate recedes to House sections 1001-07, Model Intensive 
Grants, with modifications to add a provision ensuring 
equitable distribution of grants; to include a definition of 
the term ``State''; and to permit consultation with the Ounce 
of Prevention Council.

    Subtitle D--Family and Community Endeavor Schools Grant Program

      House sections 1015-24, Community Schools, recede to 
Senate section 5142 with modifications which include dividing 
the program into two separate programs: (1) Community Schools, 
with responsibility lodged in the Secretary of Health and Human 
Services in consultation and coordination with the Attorney 
General, and (2) Family and Community Endeavor Schools (FACES), 
with responsibility lodged in the Secretary of Education.

                           Community Schools

      The Conferees note the sense of the Congress with regard 
to Community School that public-private partnerships between 
government and community-based organizations offer an 
opportunity to empower distressed and disconnected communities 
to develop their resources and abilities in order to meet the 
needs of children, forge innovative solutions to the challenges 
confronting the development of the children in such 
communities, and create environments where children grow up 
learning a healthy respect for themselves, for neighbors, and 
for their communities; increased resources should be invested 
in public-private partnerships; and community-based 
organizations, acting through such public-private partnerships 
should provide year-round supervised sports programs, and 
extracurricular and academic programs, for children in the 
communities, and in providing such extracurricular and academic 
programs, should promote the positive character development of 
such children through programs such as curriculum-based 
supervised educational, work force preparation, 
entrepreneurship, cultural, and health programs, social 
activities, arts and crafts programs, dance programs, tutorial 
and mentoring programs, and other related activities.
      The Conferees also note that Congress has found with 
regard to this program the following: parents are devoting less 
time than in previous generations to the supervision, 
education, and nurturing of their children; the lack of 
supervision and meaningful activity after school contributes to 
the spread of violent juvenile delinquency in the form of youth 
and gang violence, drug trafficking, dangerous and self-
destructive behavior, and lack of hope among children in our 
Nation; every child has the capacity to be productive and law 
abiding and deserves to grow in a safe and protected 
environment; communities have a responsibility to develop the 
children of our Nation into productive adults; because of their 
centrality, public schools are among the best facilities that 
communities can use to provide needed space and support 
services for programs for children; schools are most effective 
at serving a community when the people of the community are 
involved in activities designed to fulfill the needs of 
children in the community; and activities provided in community 
centers, recreational facilities, and other places where 
children gather, have a significant impact and influence on the 
behavior and attitudes of children.

                 family and community endeavors schools

      The Conferees note that Congress has found with regard to 
this program that: (1) children in areas with a high incidence 
of poverty are more likely to be exposed to problems created by 
economic deprivation, poor housing, overwhelming family 
responsibilities, inadequate parental educational background or 
parental substance abuse and are at risk of failure; (2) 
students from poor families are 3 times more likely to drop out 
of school than students from more advantaged homes; (3) without 
social intervention, at-risk children are often unable to 
improve academic performance; (4) schools are accessible, 
central resources in every community where social and education 
services can be coordinated and disseminated to at-risk 
children and their families; (5) schools are most effective at 
serving a community when the people of the community are 
involved in school management and help design activities to 
fulfill the needs of children in the community; and (6) many 
schools have successfully improved the academic performance and 
social development of at-risk children by instituting an 
organizational and management plan that incorporates parental 
involvement in school management and incorporates mental health 
and social intervention services in the daily academic 
curriculum.

        Subtitle G--Assistance for Delinquent and At-Risk Youth

      Senate recedes to House sections 1051-52, Assistance for 
Delinquent and At-Risk Youth, with technical modification.

                     Subtitle H--Police Recruitment

      Senate recedes to House sections 1061-62, Police 
Recruitment, with technical modification. The term `non-
profits' includes, but is not limited to, public institutions 
of higher education that so qualify under section 501(c)(3) of 
the Internal Revenue Code.

                   Subtitle J--Local Partnership Act

      Senate recedes to House section 1075-76, Local 
Partnership Act, with various modifications including the 
clarification of the purposes for which funds under this 
program can be used. The Local Partnership Act (``LPA'') is 
authorized for fiscal years 1995 through 2000 rather than for 
fiscal years 1995 and 1996. At the request of the 
Administration, the LPA will be administered by the Secretary 
of Housing and Urban Development (``HUD'') rather than the 
Secretary of Treasury, and HUD may delegate some or all of its 
administrative responsibilities to other Executive branch 
departments and agencies. Two and one-half percent of the total 
funds authorized for the LPA are authorized to be appropriated 
for fiscal years 1995 through 2000 for administrative costs of 
HUD in administering the LPA. Checks will be sent to local 
governments by HUD within 90 days of the actual appropriation 
of funds rather than 60 days. Technical changes are made in the 
LPA's allocation formula so that HUD will be able to replicate 
for fiscal year 1995 the dollar allocations to 39,000 local 
governments produced by the General Accounting Office (``GAO'') 
on April 25, 1994; for later years HUD is free to use more 
reliable data--if available--than the data used by GAO.
      The Conferees note that, in some areas of the country, 
public functions such as transportation, education, and 
hospitals are supported by property or sales taxes collected by 
separate taxing jurisdictions. The Conferees expect HUD, in 
consultation with the Governments Division of the Bureau of the 
Census, to report to the Committee on Government Operations on 
the operation of the Local Partnership Act in such areas and to 
include in its report any suggestions on changes to the 
statutory definition of the general tax effort factor.
      The Conferees agreed to an amendment dealing with 
payments of less than $5,000 to Indian tribes and Alaskan 
native villages.
      The Conferees also agreed to an amendment providing that 
GAO will report to Congress on a comparison of waste and 
efficiency under the LPA compared to other comparable Federal 
programs.
      The Local Partnership Act contains a one percent set-
aside for the Commonwealth of Puerto Rico, Guam, American 
Samoa, and the Virgin Islands. The allocation formula for local 
governments within the 50 States does not apply to these four 
jurisdictions. The Conferees expect, however, that objective 
criteria, such as population and/or per capita income, will be 
used to ensure an equitable distribution of these funds 
regrading the local governments within these four 
jurisdictions.

          Subtitle K--National Community Economic Partnership

      House recedes to Senate sections 4901-33, Community 
Economic Partnership Act.

             Subtitle O--Urban Recreation and At-Risk Youth

      Senate recedes to House sections 1099U-99Z, Urban 
Recreation and At-Risk Youth, with modifications.

           Subtitle Q--Community Based Grants for Prosecutors

      Senate recedes to House sections 1099DD-99KK, Community 
Based Justice Grants for Local Prosecutors, with modifications.

             Subtitle S--Family Unity Demonstration Project

      House recedes to Senate sections 4101-22, Family Unity 
Demonstration Project, with the following modifications: a 
child is defined as less than seven years of age; the 
definition of eligible offender as well as the definition of a 
State are clarified; the Attorney General is designated as the 
responsible official; and technical modification.
      The Conferees note that Congress finds with regard to 
this program an increasing number of children are becoming 
separated from their primary caretaker parents due to the 
incarceration of the parents in prisons and jails; such 
separation of children from their primary caretaker parents can 
cause harm to children's psychological well-being and hinder 
their growth and development; a significant number of children 
are born shortly before or during the incarceration of their 
mothers and are then quickly separated from their mothers, 
preventing the parent-child bonding that is crucial to 
developing in children a sense of security and trust; 
maintaining close relationships with their children provides a 
powerful incentive for prisoners to participate in and 
successfully benefit from rehabilitative programs; and 
maintaining strong family ties during imprisonment has been 
shown to decrease recidivism, thereby reducing prison costs.

        Subtitle T--Substance Abuse Treatment in Federal Prisons

      Senate section 1304, Drug Treatment in Federal Prisons, 
recedes to House section 2001 with modifications to subject the 
program to the availability of appropriations, to require the 
Bureau of Prisons to provide residential treatment, and to 
limit the early release incentive for successful program 
completion to non-violent offenders.
      The authority provided to the Bureau of Prisons under 
this section is not to be construed as limiting any authority 
already possessed by the Bureau of Prisons with respect to the 
release of inmates.

 Subtitle U--Residential Substance Abuse Treatment for State Prisoners

      Senate section 1204 recedes to House sections 2301-02, 
Substance Abuse Treatment in State Prisons, with modifications 
to clarify that certain local detention facilities are 
eligible; extend the time for approval of an application to not 
later than 90 days; change the time period for residential 
substance abuse treatment programs to those lasting between 6 
and 12 months; and designate the Attorney General as the 
responsible official.

  Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in 
                       Correctional Institutions

      House recedes to Senate section 5121, tuberculosis 
prevention, with modification to include National Institute of 
Corrections rather than National Institute of Justice.

           Subtitle X--Gang Resistance Education and Training

      House recedes to Senate section 5163, Gang Resistance 
Education and Training Projects, with modifications. The 
Conferees intend that the Secretary of the Treasury will 
consult with the Director of the BATF regarding the selection 
of communities for participation in this program.

                    TITLE IV--VIOLENCE AGAINST WOMEN

                   Subtitle A--Safe Streets for Women

              chapter 1--federal penalties for sex crimes

      Section 40111--House recedes to Senate section 3211, 
increasing penalties for repeat offenders, with modifications 
regarding foreign country convictions.
      Section 40112--House recedes to Senate section 3212, 
Federal penalties.
      Section 40113--House section 1609 recedes to Senate 
sections 3213 and the restitution provisions of 3321 and 3704-
05, with modifications including: if a court finds a defendant 
is unable to pay any amount of restitution under any reasonable 
schedule of payments, the court must enter an order providing 
for a nominal restitution award; victims are permitted to 
enforce restitution awards; victims can recover costs in 
obtaining civil protection orders; the provision on 
compensation to third party payers is eliminated; privacy of 
records is expanded; compliance with a restitution order is 
made a condition of probation or supervised release; petition 
to modify order is added; court authority to refer, subject to 
de novo review, a matter to a magistrate or special master is 
added.
      Section 40114--House recedes to Senate section 3214, 
Federal victims' counselors.

  chapter 2--law enforcement and prosecution grants to reduce violent 
                          crimes against women

      House recedes to Senate section 3221, grants to combat 
violent crimes against women, with the following modifications: 
the merger of three grant programs in Senate bill: grants for 
high intensity crime areas, general grants to States, and 
Domestic Violence and Family Support Grants (Sec. 3341); the 
addition of purposes to strengthen victim services programs in 
diverse populations, and programs addressing the needs of 
Indian tribes; the addition of a matching fund requirement 
(which tribal governments may satisfy with Federal funds from 
the Bureau of Indian Affairs); and the designation of the 
Attorney General as the responsible official. With regard to 
the matching fund requirement, the Conferees intend that in 
disbursing grants for nongovernmental victim services, States 
shall not pass through to the subgrantees the amount of any 
required State match. With regard to this program, the 
Conferees acknowledge the critical role probation agencies play 
in monitoring and controlling the perpetrators of family 
violence; the Conferees intend that probation agencies receive 
appropriate consideration under this program.
      Senate section 3262 recedes to House sections 1603-04, 
rape exam payments and filing costs, with modifications to 
extend the requirements to units of local government and Indian 
tribal governments except (in the case of rape exams) where 
another governmental entity incurs the costs of the exams; and 
to give States a period for bringing laws, policies, and 
practices into compliance with filing cost requirements.

     chapter 3--safety for women in public transit and public parks

      Section 40131--House recedes to Senate section 3231, 
grants for capital improvements to prevent crime in public 
transportation, with modification to clarify that Trust Fund 
money is not available for this program, and other 
modifications.
      Section 40132--House recedes to Senate section 3232, 
National Park System Crime Prevention Assistance, with 
modification to clarify that Trust Fund money is not available 
for this program.
      Section 40133--House recedes to Senate section 3233, 
Grants for Capital Improvements to Prevent Crime in Public 
Parks, with modification to clarify that Trust Fund money is 
not available for this program.

                    chapter 4--new evidentiary rules

      Section 40141--House recedes to Senate sections 3251-3254 
and 3706 with a modification to substitute the revisions of 
Federal Rule of Evidence 412 as transmitted to Congress by the 
Supreme Court on April 29, 1994 with an additional modification 
to extend evidentiary protection to civil cases (as proposed by 
the Judicial Conference of the United States to the Supreme 
Court on October 25, 1993). The Conferees intend that the 
Advisory Committee Note on Rule 412, as transmitted by the 
Judicial Conference of the United States to the Supreme Court 
on October 25, 1993, applies to Rule 412 as enacted by this 
section. This section, which modifies Rule 412 of the Federal 
Rules of Evidence as transmitted to the Congress by the United 
States Supreme Court, is enacted pursuant to the Rules Enabling 
Act.

           chapter 5--assistance to victims of sexual assault

      Section 40151--House recedes to Senate section 3261, 
Education and Prevention Grants to Reduce Sexual Assaults 
Against Women, with modification to allocate funds to States on 
the basis of population.
      Section 40152--House recedes to Senate section 1607, 
National Institute of Justice Training Program, to assist court 
personnel in treating sex offenders.
      Section 40153--House recedes to Senate proposal regarding 
confidentiality of communications between sexual assault or 
domestic violence victims and their counselors, with 
modifications.
      Section 40154--House recedes to Senate section 1608 with 
regard to information about sex offender treatment programs.
      Section 40155--House recedes to Senate section 3263 with 
modification to make runaway youth education and prevention 
grants gender-neutral and to cover juveniles.
      Section 40156--House recedes to Senate section 5126, 
Victims of Child Abuse Act, with modifications.

                    Subtitle B--Safe Homes for Women

             Chapter 1--National Domestic Violence Hotline

      Section 40211--House section 1653 recedes to Senate 
section 3311, grant for a national domestic violence hotline, 
with modifications as follows: (1) a grant may extend for 5 
years, subject to annual approval; (2) applicants must include 
a plan for assisting non-English speaking callers and the 
hearing-impaired; and (3) applicants must demonstrate support 
from advocacy groups, such as State coalitions and recognized 
national domestic violence groups. The Conferees note Congress 
has found with regard to this program that (1) 4,000,000 women 
are battered by their partners each year, of which 4,000 die as 
a result of such abuse; (2) victims of domestic violence need 
access to resources which will refer such victims and their 
children to safe homes and shelters; and (3) there is a need 
for a national domestic violence hotline to provide information 
and assistance to victims of domestic violence because a 
privately funded national domestic violence hotline which 
previously handled more than 65,000 crisis calls annually no 
longer exits.

                   Chapter 2--Interstate Enforcement

      Section 40221--Senate section 3321, Interstate 
Enforcement, recedes to House section 1622 with modifications 
including: the addition of penalties for causing the crossing 
of State lines to commit a crime of violence; the revision of 
the new Federal crime for crossing a State line; the addition 
of a penalty where the crime results in disfigurement or life-
threatening bodily injury; the modification of the mandatory 
restitution provisions to comport with the mandatory 
restitution provisions for sex crimes and crimes involving the 
sexual exploitation and abuse of children; and the modification 
of the definition of ``spouse or intimate partner.''

         Chapter 3--Arrest Policies in Domestic Violence Cases

      Section 40231--Senate section 3331 recedes to House 
section 1623, grants to encourage arrest polices, with 
modifications to include a two-year period for grantees to 
comply, and a modification to the definition of ``domestic 
violence.''

                       Chapter 4--Shelter Grants

      Section 40241--House recedes to Senate section 3341(j), 
authorizing money for battered women's shelters. (The remainder 
of Senate section 3341 was incorporated into Subtitle A, 
Chapter 2, of this title.)

                       Chapter 5--Youth Education

      Section 40251--House recedes to Senate section 3361, 
youth education and domestic violence, with modification to 
permit the Secretary of Health and Human Services to consult 
with the Secretary of Education to select, implement, and 
evaluate four model programs.

           Chapter 6--Community Programs on Domestic Violence

      Section 40261--House section 1654 recedes to Senate 
section 5140, community programs on domestic violence, with 
modifications. Senate section 5122 is deleted as duplicative.

   Chapter 7--Family Violence Prevention and Services Act Amendments

      Section 40271--House recedes to Senate section 3351, 
grantee reporting.
      Section 40272--House recedes to Senate sections 3381-83, 
technical amendments.

             Chapter 8--Confidentiality for Abused Persons

      Section 40281--House recedes to Senate section 3371, 
confidentiality for abused persons, with modification to give 
Postal Service additional regulatory guidance.

                      Chapter 9--Data and Research

      Section 40291--House recedes to Senate section 3391, data 
and research agenda, with modification to include diversity 
considerations for panel and to require the issuance of a 
report no later than 12 months rather than 9 months after 
enactment.
      Section 40292--House recedes to Senate section 3392, 
State data bases, with modification to place responsibility for 
the study and report with the appropriate Department of Justice 
entities.
      Section 40293--House recedes to Senate section 3393, 
number and cost of injuries.

    Chapter 10--Rural Domestic Violence and Child Abuse Enforcement

      Section 40295--House section 2521 recedes to Senate 
section 1421, rural domestic violence and child abuse 
enforcement assistance.

                   Subtitle C--Civil Rights for Women

      Sections 40301-03--House recedes to Senate sections 3401-
03, Civil Rights. The Conferees note that the applicable 
standard of proof in a civil rights cause of action under this 
section is preponderance of the evidence. The Conferees also 
note that the Congress has found that crimes of violence 
motivated by gender constitute bias crimes in violation of the 
victim's right to be free from discrimination on the basis of 
gender; current law provides a civil rights remedy for gender 
crimes committed in the workplace, but not for crimes of 
violence motivated by gender committed on the street or in the 
home; State and Federal criminal laws do not adequately protect 
against the bias element of crimes of violence motivated by 
gender, which separates these crimes from acts of random 
violence, nor do these adequately provide victims of gender-
motivated crimes the opportunity to vindicate their interests; 
existing bias and discrimination in the criminal justice system 
often deprives victims of crimes of violence motivated by 
gender of equal protection of the laws and the redress to which 
they are entitled; crimes of violence motivated by gender have 
a substantial adverse effect on interstate commerce, by 
deterring potential victims from traveling interstate, from 
engaging in employment in interstate business, and from 
transacting with business, and in places involved, in 
interstate commerce; crimes of violence motivated by gender 
have a substantial adverse effect on interstate commerce, by 
diminishing national productivity, increasing medical and other 
costs, and decreasing the supply of and the demand for 
interstate products; a Federal civil rights action as specified 
in this section is necessary to guarantee equal protection of 
the laws and to reduce the substantial adverse effects on 
interstate commerce caused by crimes of violence motivated by 
gender; and the victims of crimes of violence motivated by 
gender have a right to equal protection of the laws, including 
a system of justice that is unaffected by bias or 
discrimination and that, at every relevant stage, treats such 
crimes as seriously as other violent crimes.
      Section 40304--House recedes to Senate section 3404, 
Sense of the Senate concerning protection of privacy of rape 
victims, with technical modifications. The Conferees note that 
the Senate finds with regard to this provision that: (1) there 
is a need for a strong and clear Federal response to violence 
against women, particularly with respect to the crime of rape; 
(2) Rape is an abominable and repugnant crime, and one that is 
severely underreported to law enforcement authorities because 
of its stigmatizing nature: (3) The victims of rape are often 
further victimized by a criminal justice system that is 
insensitive to the trauma caused by the crime and are 
increasingly victimized by news media that are insensitive to 
the victim's emotional and psychological needs; (4) Rape 
victims' need for privacy should be respected; (5) Rape victims 
need to be encouraged to come forward and report the crime of 
rape without fear of being revictimized through involuntary 
public disclosure of their identities; (6) Rape victims need a 
reasonable expectation that their physical safety will be 
protected against retaliation or harassment by an assailant; 
(7) The news media should, in the exercise of their discretion, 
balance the public's interest in knowing facts reported by free 
news media against important privacy interests of a rape 
victim, and an absolutist view of the public interest leads to 
insensitivity to a victim's privacy interest; and (8) The 
public's interest in knowing the identity of a rape victim is 
small compared with the interests of maintaining the privacy of 
rape victims and encouraging rape victims to report and assist 
in the prosecution of the crime of rape.
      Senate section 3501, safe campuses for women, is deleted 
because it has already been enacted.

         Subtitle D--Equal Justice for Women in the Courts Act

  Chapter 1--Education and Training for Judges and Court Personnel in 
                              State Courts

      Sections 40411-14--House sections 1661-64 recede to 
Senate sections 3601-14, Equal Justice for Women in the Courts 
Act, with modifications to include Indian tribal governments as 
grantees and to modify grant purposes.

  chapter 2--education and training for judges and court personnel in 
                             federal courts

      Sections 40421-22--House sections 1665-67 recede to 
Senate sections 3621-22 with modifications to designate the 
Administrative Office of the United States Courts as the 
clearinghouse for the dissemination of reports and to delete 
circuit court allocation limits.

          Subtitle E--Violence Against Women Act Improvements

      Section 40501--House recedes to Senate section 3701, pre-
trial detention in sex offense cases.
      Section 40502--House recedes to Senate section 3702, 
increased penalties for sex offenses against victims below the 
age of 16. Senate section 801, sexual abuse amendments, is 
deleted as duplicative.
      Section 40503--Senate sections 3703(a)-(b) recede to 
House section 1652, payment of cost of victim testing for 
sexually transmitted disease, with modification to ensure 
confidentiality and anonymity of the test, subject to waiver by 
the victim. House recedes to Senate sections 3703(c)-(g) with 
modification.
      Section 40504--House recedes to Senate section 3704, 
extension and strengthening of restitution.
      Section 40505--House recedes to Senate section 3705, with 
modifications.
      Section 40506--House recedes to Senate section 3707, 
National Baseline Study on Campus Sexual Assault, with 
technical modification.
      Section 40507--Senate section 3708, Report on Battered 
Women's Syndrome, recedes to House section 121. Senate section 
2964 is deleted as duplicative.
      Section 40508--House recedes to Senate section 3709, 
Report on Confidentiality of Addresses for Victims of Domestic 
Violence.
      Section 40509--House recedes to Senate section 3710, 
Report on Record Keeping Relating to Domestic Violence.
      Senate section 3711, Report on Fair Treatment in Legal 
Proceedings, recedes to House.
      Senate section 3712 recedes to House.
      Senate section 3713 recedes to House.

      Subtitle F--National Stalker and Domestic Violence Reduction

      Senate recedes to House sections 2801-12, Stalking, with 
modifications.

   Subtitle G--Protections for Battered Immigrant Women and Children

      Senate recedes to House sections 1626-28, Battered 
Immigrant Women, with modifications.

                          TITLE V--DRUG COURTS

      Senate sections 1201-02 recede to House sections 1041-44 
with modifications to prohibit violent offenders from 
participating, to add a GAO study, and with technical and 
conforming changes.
      The Conferees recognize that drug court programs may 
support costs of judges, magistrates, quasi-judicial personnel, 
probation officers, drug testing personnel, prosecutors, 
defense attorneys, other criminal justice participants, drug 
treatment personnel, persons involved in programmatic and 
after-care services, and other personnel necessary to implement 
drug court programs.
      The Conferees note the diversity of court structures 
under which jurisdictions throughout the United States are 
organized and intend that the Attorney General, in implementing 
this program, issue regulations that are as flexible as 
possible in this regard.

                        TITLE VI--DEATH PENALTY

      Procedures: The House recedes to the Senate with the 
following exceptions: (1) Senate recedes to the House regarding 
the firearm aggravator; (2) Senate recedes to the House to add 
the aggravator for sexual assault or child molestation; (3) the 
Conferees modified the provision regarding information 
presented at sentencing to reflect current law.
      Offenses: The House recedes to the Senate death 
penalties, including terrorism death penalties, with the 
following modifications: (1) the deletion of Senate section 
203(a)(8), attempted assassination of the President; (2) the 
deletion of the part of Senate section 202(a) which adds 
section 3591(b)(3) to title 18 regarding unintentional deaths 
due to overdose; (3) the addition of the Hyde amendment to 
section 203(a)(2), espionage; (4) Senate section 504 recedes to 
House section 708 regarding correctional officers; (5) Senate 
section 716, torture, recedes to House section 713 with 
modifications to delete already enacted provisions; (6) the 
addition of an intent standard for carjacking; (7) Senate 
recedes to the House intent standard; (8) Senate section 2406, 
to federalize all murders committed with guns, recedes to 
House; (9) Senate section 711, weapons of mass destruction, 
recedes to House section 710; and (10) the modification of 
Senate section 215, alien smuggling, to increase penalties. 
House recedes to Senate sections 501-03 and 505.
      House sections 901-02, racially discriminatory capital 
sentencing, recede to Senate.
      Senate section 1021, racial and ethnic bias study grants, 
recedes to House.
      Section 60026--Senate recedes to House proposal regarding 
appointment of counsel.

TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN 
                                FELONIES

      Senate sections 2408 and 5111 recede to House sections 
501-02 with modifications. The authority provided to the Bureau 
of Prisons under this section is not to be construed as 
limiting any authority already possessed by the Bureau of 
Prisons with respect to the release of inmates.

        TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES

      Senate section 2404 recedes to House sections 201-03 with 
modifications.

                         TITLE IX--DRUG CONTROL

         Subtitle A--Enhanced Penalties and General Provisions

      In carrying out directions from the Congress, the U.S. 
Sentencing Commission shall assure reasonable consistency with 
other guidelines, avoid duplicative punishment for 
substantially the same offense, and take into account any 
mitigating circumstances which might justify exceptions. The 
Commission shall also carry out such directions in light of the 
factors set forth in subsection 3535(a) of title 18, United 
States Code.
      Section 90101--House recedes to Senate section 1501, drug 
trafficking in prisons.
      Section 90102--House recedes to Senate section 1505, 
drug-dealing in drug free zones, with modifications.
      Section 90103--House recedes to Senate section 1506, 
illegal drug use in prisons, with technical modification.
      Section 90104--House recedes to Senate section 1531, 
clarification of narcotics and other dangerous drugs.
      Section 90105--House recedes to Senate section 1532, 
conforming amendments to recidivist penalty provisions of the 
Controlled Substance Act and the Controlled Substances Import 
and Export Act.
      Section 90106--House recedes to Senate section 1534, 
Advertising, with modifications.
      Section 90107--House recedes to Senate section 1538, 
Violent Crime and Drug Emergency Areas, with modifications.

        Subtitle B--National Narcotics Leadership Act Amendments

      Sections 90201-08--House recedes to Senate section 5150, 
which reauthorizes the Office of National Drug Control Policy 
through September 30, 1997, with modifications.
      In addition to the Director's authority to recommend to 
Federal agencies appropriate drug budget levels by July 1 of 
each year as those agencies are first developing their budgets 
for the following fiscal year, authority is granted to ensure 
that the agencies' budget submissions to the Office of 
Management and Budget are consistent with the National Drug 
Control Strategy.
      The provision also provides authority to detail 
temporarily drug control personnel to other Departments or 
agencies to implement the National Drug Control Strategy. It 
further provides authority, except to the extent that the 
Director's authority is limited in an annual appropriations 
Act, to transfer up to 2% among National Drug Control Program 
accounts, upon advance approval of the Committees on 
Appropriations of each House of Congress. It is the intent of 
the Conferees that such advance approval be obtained from each 
of the Appropriations Subcommittees with jurisdiction over 
accounts increased or decreased by such budget shifts.
      Several additional goals are added to the National Drug 
Control Strategy, including the ``consequences'' of drug abuse 
(such as emergency room overdoses and drug-related crime), 
assessment of national drug treatment system, and other 
evaluations of the strategy. Drug treatment and prevention are 
added to the mission of the Counter-Drug Technology Assessment 
Center. And, the provision prohibits the Director and other 
officials in the Office who are confirmed by the Senate from 
participating in Federal election campaigns.
      Senate section 1504, anabolic steroids penalties, recedes 
to House as duplicative of stronger current law.
      Senate section 1533, Program to provide public awareness 
of the provisions of Public Law 101-516, recedes to House.
      Senate section 1537, Drug paraphernalia amendment, 
recedes to House.
      Senate sections 1511-23, Precursor Chemicals Act, deleted 
because already enacted.
      Senate section 1536 recedes to House.
      Senate section 1535, national drug control strategy, 
recedes to House.
      Senate section 1502 is deleted because already enacted.
      Senate section 2407 recedes to House.

                   TITLE X--DRUNK DRIVING PROVISIONS

      Section 100002--House recedes to Senate section 1602, 
applying State law in areas of Federal jurisdiction.
      Section 100003--House sections 1801-02, Driving While 
Intoxicated Prosecution Program, recede to Senate section 5115.

                           TITLE XI--FIREARMS

                      Subtitle A--Assault Weapons

      House recedes to Senate sections 4501-10, with 
modifications.
      The Conferees recognize that some workers will be 
adversely impacted by the enactment of this Subtitle. The 
Conferees note that the Department of Labor has made available, 
as of July 1, more than $1.1 billion through Title III of the 
Job Training Partnership Act to assist dislocated workers. The 
types of assistance available to dislocated workers under that 
Act include retraining, job search assistance, job counseling, 
on-the-job training, and other services. The Conferees expect 
that any employees dislocated as a result of enactment of this 
Subtitle will be eligible to apply for such benefits in 
accordance with Department of Labor criteria.

                    Subtitle B--Youth Handgun Safety

      Section 110201--House sections 1901-02 recede to Senate 
section sections 661-62 with the deletion of Senate section 
662(a) and technical modifications. Senate section 663 recedes 
to House.
      The Conferees note Congress finds with regard to these 
sections that: Crime, particularly crime involving drugs and 
guns, is a pervasive, nationwide problem; problems with crime 
at the local level are exacerbated by the interstate movement 
of drugs, guns, and criminal gangs; firearms and ammunition, 
and handguns in particular, move easily in interstate commerce, 
as documented in numerous hearings in both the Judiciary 
Committee of the House of Representatives and Judiciary 
Committee of the Senate. Even before the sale of a handgun, its 
component parts, ammunition, and the raw materials from which 
they are made have considerably moved in interstate commerce. 
While criminals freely move from State to State, ordinary 
citizens may fear to travel to or through certain parts of the 
country due to the concern that violent crime is not under 
control, and people from other countries may decline to travel 
in the United States for the same reason. Just as hardened drug 
kingpins often begin their lives in the illicit drug culture by 
exposure to drugs at a young age, violent criminals often start 
their criminal careers on streets where the ready availability 
of guns to young people results in the acceptability of their 
random use. Violent crime and the use of illicit drugs go hand-
in-hand, and attempts to control one without controlling the 
other may be fruitless. Individual States and localities find 
it impossible to handle the problem by themselves; even States 
and localities that have made a strong effort to prevent, 
detect, and punish crime find their efforts unavailing due in 
part to the failure or inability of other States and localities 
to take strong measures. Inasmuch as illicit drug activity and 
related violent crime overflow State lines and national 
boundaries, the Congress has power, under the interstate 
commerce clause and other provisions of the Constitution, to 
enact measures to combat these problems. The Congress finds 
that it is necessary and appropriate to assist the States in 
controlling crime by stopping the commerce in handguns with 
juveniles nationwide, and allowing the possession of handguns 
by juveniles only when handguns are possessed and used for 
legitimate purposes under appropriate conditions.

                         Subtitle C--Licensure

      Sections 110301-07--House recedes to Senate sections 311-
17, Firearms Licensure.

                     Subtitle D--Domestic Violence

      Section 110401--Senate sections 301, Persons Subject to 
Restraining Orders, and 4201-03, Prohibition Against Disposal 
of Firearms to, or Receipt of Firearms by, Persons Who Have 
Committed Domestic Violence, recede to House sections 1624-25, 
with modifications.
      The Conferees intend that the term ``child'' be read with 
common sense and normal meaning, and to include a child over 
whom a person's parental rights have been terminated by a court 
order. The Conferees also note that Congress finds with respect 
to this provision that domestic violence is the leading cause 
of injury to women in the United States between the ages of 15 
and 44; firearms are used by the abuser in 7 percent of 
domestic violence incidents and produces an adverse effect on 
interstate commerce; and individuals with a history of domestic 
abuse should not have easy access to firearms.

                    Subtitle E--Gun Crime Penalties

      In carrying out directions from the Congress, the U.S. 
Sentencing Commission shall assure reasonable consistency with 
other guidelines, avoid duplicative punishment for 
substantially the same offense, and take into account any 
mitigating circumstances which might justify exceptions. The 
Commission shall also carry out such directions in light of the 
factors set forth in subsection 3553(a) of title 18, United 
States Code.
      Section 110501--House recedes to Senate section 401, 
enhanced penalty for use of semiautomatic weapons during crime 
of violence or drug trafficking crime.
      Section 110502--House section 3031 recedes to Senate 
section 402, second conviction for using or carrying 
explosives.
      Section 110503--House recedes to Senate section 403, new 
offense for smuggling firearms.
      Section 110504--House section 3032 recedes to Senate 
section 404, new offense for theft of guns and explosives 
moving in interstate commerce.
      Section 110505--House recedes to Senate section 405, 
revocation of supervised release, with modifications. Senate 
section 2403, supervised release after imprisonment, recedes to 
House as incorporated in Senate section 405.
      Section 110506--House recedes to Senate section 406, 
revocation of probation, with modifications.
      Section 110507--House recedes to Senate section 407, 
knowingly making false material statement on a gun application.
      Section 110508--House section 3033 recedes to Senate 
section 408, felon possessing explosives.
      Section 110509--House recedes to Senate section 409, 
explosives destruction.
      Section 110510--House recedes to Senate section 410, 
technical correction regarding parole.
      Section 110511--House recedes to Senate section 411, 
prohibition against transactions involving stolen firearms or 
stolen guns.
      Section 110512--House recedes to Senate section 412, 
using firearm in commission of forgery.
      Section 110513--House recedes to Senate section 413, 
firearm possession by violent felons and serious drug 
offenders.
      Section 110514--House recedes to Senate section 414, 
receipt of firearms by nonresident.
      Section 110515--House section 3034 recedes to Senate 
section 417, stealing guns or explosives from a licensee.
      Section 110516--House section 3035 recedes to Senate 
section 418, disposing of explosives to prohibited person.
      Section 110517--House recedes to Senate section 420, 
interstate gun trafficking.
      Section 110518--House recedes to Senate section 415, 
firearms conspiracy, with modification.
      Section 110519--House recedes to Senate section 5168, 
Definition of Armor Piercing Ammunition, with modification.
      Senate section 416, study of incendiary ammunition, 
recedes to House.
      Senate section 419 recedes to House.

                          TITLE XII--TERRORISM

      In carrying out directions from the Congress, the United 
States Sentencing Commission shall assure reasonable 
consistency with other guidelines, avoid duplicative punishment 
for substantially the same offense, and take into account any 
mitigating circumstances which might justify exceptions. The 
Commission shall also carry out such directions in light of the 
factors set forth in subsection 3553(a) of title 18, United 
States Code.
      Section 120001--House recedes to Senate section 717, 
extension of statute of limitations, with modifications.
      Section 120002--House recedes to Senate section 715, 
jurisdiction over crimes against U.S. nationals.
      Section 120003--House recedes to Senate section 721, 
counterfeiting currency abroad, with modification to increase 
penalty.
      Section 120004--House recedes to Senate section 724, 
Terrorist Felonies.
      Section 120005--House recedes to Senate section 726, 
material support to terrorists, with modification.
      Senate section 718, FBI access to telephone subscriber 
information, is deleted because already enacted.
      Senate section 720, preventing acts of terrorism, recedes 
to House.
      Senate section 722, economic terrorism task force, 
recedes to House.
      Senate section 713, extension of territorial sea, recedes 
to House.
      Senate section 714, assimilated crimes in extended 
territorial sea, recedes to House.

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

      Section 130001--House recedes to Senate section 5005, 
enhancing penalties for failure to depart, with modification to 
delete subsection (c) regarding collateral review.
      Section 130002--House recedes to Senate section 5007, 
criminal alien tracking center, with modification to conform to 
current law.
      Section 130003--House recedes to Senate section 725, 
Protection of Recipients in Counter-Terrorism Rewards Program, 
with modifications to incorporate this section into Senate 
section 5117, and other modifications.
      Section 130004--House recedes to Senate section 5002, 
deportation procedures for certain criminal aliens, with 
modifications.
      Section 130005--Senate section 5158, expedited 
deportation for asylum applicants, recedes to House section 
2411 with modification to clarify that asylum applicants have 
no right to work in the United States.
      Section 130006--Senate section 5159, improving border 
controls, recedes to House section 2412 with modifications 
regarding report requirement and to incorporate House section 
2421.
      Section 130007--House section 2413, special deportation 
proceedings, recedes to Senate section 5160 with modifications. 
Senate section 5161, construction of INS processing centers, 
recedes to House section 2414, which is incorporated into 
Senate section 5160, with modifications. The Conferees intend 
that the Attorney General should consider the availability of 
legal assistance in an area in determining where to locate the 
facilities.
      Section 130008--Senate recedes to House section 2402, 
authority of the Attorney General to accept assistance in 
deporting criminal aliens, with modifications.
      The Conferees note that many States and localities are 
burdened with the financial costs of housing and processing 
deportable aliens who are unlawfully within the United States 
and who are arrested for violating criminal statutes. The 
Immigration and Naturalization Service is not permitted under 
current law to accept State and local assistance in carrying 
out its deportation responsibilities. This section is intended 
to aid communities with criminal alien populations to expedite 
the removal of deportable aliens who are arrested for the 
violation of criminal statutes by providing transportation-
related services or property to the Immigration and 
Naturalization Service.
      Section 130009--Senate section 712 recedes to House 
section 2431 with modification increasing the penalty for 
employment document fraud to five years. Senate section 5124 is 
deleted as duplicative.
      This section is intended to target persons who commit 
document fraud for the purpose of commercial advantage, or to 
facilitate drug trafficking or international terrorism. The 
Conferees intend that the Attorney General implement these 
provisions so as not to prosecute bona fide applicants for 
asylum.
      Section 130010--House recedes to Senate section 5131, 
asylum, which is modified to a Sense of the Senate, with other 
modifications.
      Senate section 5006, miscellaneous and technical changes 
regarding alien deportation, recedes to House.
      Senate section 5102, prohibition on payment of Federal 
benefits to illegal aliens, recedes to House.
      Senate section 5119, State and local cooperation with 
INS, recedes to House.
      Senate section 5110, removal of alien terrorists, recedes 
to House.
      House section 2401, Congressional findings regarding 
criminal aliens, recedes to Senate.
      Senate section 5144, authority to release confidential 
information regarding aliens, recedes to House.
      Senate section 5001, aggravated felony, recedes to House.
      Senate section 5003, judicial deportation, recedes to 
House.
      Senate section 5004 recedes to House.
      Senate section 5157, Extradition, recedes to House.

                       TITLE XIV--YOUTH VIOLENCE

      Sections 140001-03--Senate section 651 recedes to House 
section 1101 regarding adult prosecution of juveniles with 
modification to delete section 1101(b).
      Section 140004--House recedes to Senate section 641 with 
modification to correct typographical error regarding the age 
for the bindover of juveniles.
      Section 140005--House recedes to Senate section 618 with 
modifications.
      Section 140006--House recedes to Senate section 615, 
increased penalties for employing children to distribute drugs 
near schools and playgrounds, with modification.
      Section 140007--House recedes to Senate section 2906, 
increased penalties for travel act violations. Senate section 
617 deleted as duplicative.
      Section 140008--House recedes to Senate section 5130, 
solicitation of minor to commit crime.

                    TITLE XV--CRIMINAL STREET GANGS

      Section 150001--House recedes to Senate section 611 with 
an amendment to provide increased penalties for Federal gang 
crimes.
      Section 150002--House recedes to Senate section 614 with 
modification to delete simple drug possession as basis of adult 
prosecution of juveniles.
      Section 150003--House recedes to Senate section 619 to 
authorize use of Byrne funds for programs relating to gangs.
      Section 150006--House recedes to Senate proposal 
regarding mentoring program guidelines.
      Section 150007--House recedes to Senate section 5167.
      Section 150008--House recedes to Senate section 622, Gang 
Investigation Coordination and Information Collection.
      Section 150009--Senate section 624 recedes to House 
section 1098, Multijurisdictional Gang Task Forces.
      Senate section 612 recedes to House regarding use of 
minors as RICO predicate.
      Senate section 613 recedes to House.
      Senate section 623 is deleted because already enacted.

                      TITLE XVI--CHILD PORNOGRAPHY

      Sections 160001-02--House sections 1201-02 recede to 
Senate sections 824-25, child pornography.
      Section 160003--House section 3083 recedes to Senate 
section 2410, Confirmation of intent of Congress in enacting 
sections 2252 and 2256 of title 18, United States Code.

                  TITLE XVII--CRIMES AGAINST CHILDREN

   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

      Section 170101--Senate sections 821-23, Jacob Wetterling 
Crimes Against Children Registration Act, recede to House 
section 1301 with modification to include the program contained 
in Senate sections 841-44 and other modifications.

                 Subtitle B--Assaults Against Children

      Section 170201--Senate recedes to House section 301, 
assaults against children, with technical and conforming 
modifications.

               Subtitle C--Missing and Exploited Children

      Sections 170301-03--House recedes to Senate sections 
4301-04, Missing and Exploited Children, with modifications. 
The Conferees note Congress finds with regard to this program 
that the victimization of children in our nation has reached 
epidemic proportions; recent Department of Justice figures show 
that 4,600 children were abducted by non-family members; two-
thirds of the abductions of children by non-family members 
involve sexual assault; more than 354,000 children were 
abducted by family members; and 451,000 children ran away; 
while some local law enforcement officials have been successful 
in the investigation and resolution of such crimes, most local 
agencies lack the personnel and resources necessary to give 
this problem the full attention it requires; a majority of the 
nation's 17,000 police departments have 10 or fewer officers; 
and locating missing children requires a coordinated law 
enforcement effort; supplementing local law enforcement 
agencies with a team of assigned active Federal agents will 
allow Federal agents to pool their resources and expertise in 
order to assist local agents in the investigation of the 
nation's most difficult cases involving missing children.
      Senate section 5129, Parent Locator Service, recedes to 
House.
      Senate section 2701, International Parental Kidnapping, 
is deleted because already enacted.

                        TITLE XVIII--RURAL CRIME

      Sections 180101-201--House sections 2501-21 recede to 
Senate sections 1401-21 with modification regarding the 
structure of rural drug task forces, the placement of section 
1421 in the Violence Against Women title, and other 
modifications.
      Section 180301--Senate recedes to House section 2531, 
Sense of Congress Regarding Funding for Rural Areas.

                   TITLE XIX--FEDERAL LAW ENFORCEMENT

      Section 190001--House section 3016 recedes to Senate 
section 5132, Federal judiciary, with modifications to 
incorporate section 621, additional Federal prosecutors for the 
prosecution of violent youth gangs, and other modifications.

   TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND 
                               EDUCATION

      House sections 2701-39 recede to Senate sections 1121-50 
with modification to delete Senate sections 1124 (b) and (c) 
with regard to the appointment of a Director.

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

                       Subtitle A--Byrne Program

      Section 210101--Senate recedes to House section 1098A, 
extension of Byrne grant funding, with modification to 
authorize specified funds.

               Subtitle B--Law Enforcement Family Support

      Section 210201--House recedes to Senate section 1101, Law 
Enforcement Family Support, with modification to designate the 
Attorney General as the responsible official, and other minor 
modifications.

                     Subtitle C--DNA Identification

      Sections 210301-06--House sections 1501-06 recede to 
Senate sections 1001-6, DNA Identification, with modification 
to ensure the establishment of a blind proficiency testing 
program for DNA analysis.
DNA Advisory Board
      The Act requires the Director of the Federal Bureau of 
Investigation to appoint an advisory board on DNA quality 
assurance methods. The Conferees intend that, in making 
appointments to the advisory board, the Director of the FBI 
shall adhere strictly to all applicable conflict of interest 
and ethics laws. In particular, the FBI Director will ensure 
that no member of the board will have a commercial or 
proprietary interest in matters addressed by the board. To that 
end, the Director may obtain disclosure statements from 
nominees to the board. The Conferees expect that a review of 
any potential conflict of interest or ethical considerations 
will be conducted with the assistance of the Bureau's Legal 
Counsel Division, with the FBI Director retaining final 
authority regarding appointments to the board.
Proficiency Testing Program
      The Conferees, in adopting the DNA Identification Act, 
recognize the significance of the development of a blind 
external proficiency testing program for DNA analyses. A blind 
external proficiency test means a test that is presented to a 
forensic laboratory through a second agency and appears to the 
analysts to involve routine evidence.
      Under this Act, the Director of the National Institute of 
Justice is directed to study this issue and certify to Congress 
within one year that (1) the NIJ has undertaken steps to ensure 
that an appropriate entity or entities will establish a blind 
external proficiency testing program for DNA analyses, which 
shall be available to public and private laboratories 
performing forensic DNA analyses; (2) that a blind proficiency 
testing program for DNA analyses is already available; or (3) 
that it is not feasible to have a DNA blind proficiency testing 
program.
      The Conferees fully expect that NIJ will report either 
that there are one or more existing DNA blind proficiency 
testing programs or that it has undertaken steps to ensure the 
establishment of one. There are many private DNA testing 
laboratories and commercial manufacturers of DNA testing 
products that have the technical expertise, individually or 
through professional and trade associations, necessary to 
establish the aforementioned program.
      If the NIJ study determines blind external proficiency 
testing is feasible, neither State nor local DNA laboratories 
covered by the Act (i.e., those participating in the national 
DNA index or receiving grants), will be required by the Act to 
subscribe to such a blind testing program. The FBI Laboratory 
will not be required by the Act to subscribe to a particular 
blind testing program identified by NIJ. Participation by State 
and local governments should be voluntary and at their own 
discretion--although participation in such a program will be an 
important element of demonstrating quality control for purposes 
of having DNA evidence introduced into evidence.

                 Subtitle D--Police Pattern or Practice

      Sections 210401-02--House recedes to Senate sections 
1111-12, Police Pattern or Practice, with modification to 
section 1112.

         Subtitle E--Improved Training and Technical Automation

      Section 210501--House recedes to Senate section 1031, 
improved training and technical automation, with technical and 
conforming modifications. The Conferees believe one appropriate 
use of this program would be to ensure that States, Indian 
tribal governments, and local governments are made aware of 
advanced law enforcement technologies.

                 Subtitle F--Other State and Local Aid

      Section 210601--Senate recedes to House proposal to 
reauthorize the Office of Justice Programs.
      Section 210602--House recedes to Senate section 5137, 
assistance to ease the increased burdens on State court 
systems, with modifications.
      Section 210603--Senate recedes to House proposal to make 
money from the Violent Crime Reduction Trust Fund available to 
fund activities authorized by the Brady Handgun Violence 
Prevention Act and the National Child Protection Act of 1993.
      Section 103(k) of the ``Brady Bill'' authorizes ``such 
sums as are necessary'' for the Attorney General to establish a 
``national instant criminal background check system.'' Section 
106(b) of ``Brady'' authorizes $200 million for grants to 
States for the improvement of criminal records. Section 4(b) of 
the National Child Protection Act of 1993 authorizes $20 
million for grants to States for the improvement of criminal 
records regarding child abuse. The Conference Report provides 
that a total of $150 million may be appropriated from the Trust 
Fund for these purposes.

               TITLE XXII--MOTOR VEHICLE THEFT PREVENTION

      House recedes to Senate sections 1901-03, motor vehicle 
theft prevention.

                     TITLE XXIII--VICTIMS OF CRIME

      Senate sections 901-02, 912-17, crime victims, recede to 
House sections 101-21, with the following modifications: 
allocations of funds are changed to 48.5%, 48.5%, and 3%; the 
report on battered women's syndrome is moved to title IV, 
Violence Against Women. House section 101, with a conforming 
amendment, is enacted pursuant to the Rules Enabling Act. House 
recedes to Senate section 903, Sense of the Senate regarding 
Rights to Victims Allocation, with conforming modification. 
Senate section 3264 is deleted as duplicative. Senate section 
911 is deleted because already enacted. House recedes to Senate 
proposal to amend 10603(a)(5)(B) of title 42, United States 
Code.

                 TITLE XXIV--PROTECTION FOR THE ELDERLY

      Section 240001--House recedes to Senate section 2001, 
Missing Alzheimer's Disease Patient Alert Program.
      Section 240002--House recedes to Senate section 2002, 
crimes against the elderly.

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

      Sections 250001-05, 250008--House recedes to Senate 
sections 3901-03, 3905-07 and 3910, Senior Citizens Against 
Marketing Scams (SCAMS), with modifications. Senate section 
3904 recedes to House.
      Section 250006--House recedes to Senate section 2103, 
mail fraud. Senate section 3908 is deleted as duplicative.
      Section 250007--House recedes to Senate section 2102, 
Consumer Protection Against Credit Card Fraud Act. Senate 
section 3909 is deleted as duplicative.
      The Conferees note that Congress has found with regard to 
this issue the following: Unprecedented Federal law enforcement 
investigations have uncovered a national network of illicit 
telemarketing operations; most of the telemarketing industry is 
legitimate, employing over 3,000,000 people through direct and 
indirect means; illicit telemarketers, however, are an 
increasing problem which victimizes our nation's senior 
citizens in disproportionate numbers; interstate telemarketing 
fraud has become a problem of such magnitude that the resources 
of the Department of Justice are not sufficient to ensure that 
there is adequate investigation of, and protection from, such 
fraud; telemarketing differs from other sales activities in 
that it can be carried out by sellers across State lines 
without direct contact; telemarketers can also be very mobile, 
easily moving from State to State; it is estimated that victims 
lose billions of dollars a year as a result of telemarketing 
fraud; consequently, this legislation is intended to enhance 
Federal law enforcement resources, ensure adequate punishment 
for telemarketing fraud, and educate the public.

           TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

      Senate sections 1721-30 recede to House sections 3026-27, 
Commission to Support Law Enforcement, with modifications.

TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON 
                      CRIME PREVENTION AND CONTROL

      House sections 1643-51 and 2601-07 recede to Senate 
sections 1701-18, 1741-49 and 3241-49 with a modification to 
establish a National Commission on Crime Prevention and Control 
charged with developing a comprehensive proposal for preventing 
and controlling crime and violence in America. This Commission 
must establish committees or task forces for the following 
specific purposes: one to focus on crime and violence 
generally, one to focus on the causes of the demand for drugs, 
one to focus on violence in schools, and one to focus on 
violence against women. House recedes to Senate sections 1731-
32, Presidential Summit on Violence, with modification.

                  TITLE XXVIII--SENTENCING PROVISIONS

      Section 280001--House recedes to Senate section 2401, 
imposition of a sentence.
      Section 280002--House recedes to Senate section 2402, 
technical amendment to mandatory conditions of probation.
      Section 280003--House section 1701 recedes to Senate 
section 2409, Hate Crime Sentencing.
      Section 280004--House recedes to Senate section 2501, 
authorization of probation for petty offenses in certain cases.
      Section 280005--House recedes to Senate section 5152 with 
modifications to create three full-time vice chairs of the U.S. 
Sentencing Commission, and to specify that of the three vice 
chairs, no more than two shall be of the same political party.
      Section 280006--Senate recedes to House section 3092, 
Cocaine Penalty Study.
      Senate section 2405, mandatory minimums for use or 
possession of firearm during a State crime, recedes to House.
      Senate section 2502, trial by a magistrate in petty 
cases, recedes to House.

                       TITLE XXIX--COMPUTER CRIME

      House recedes to Senate section 2601, computer crime, 
with minor modifications.

  TITLE XXX--PROTECTION OF PRIVACY INFORMATION IN STATE MOTOR VEHICLE 
                                RECORDS

      Senate sections 3101-03, Driver's Privacy Protection Act, 
recede to House sections 2901-03 with modifications.
      This title prohibits the release and use of certain 
personal information except under certain circumstances. One of 
these exceptions, found in subsection (b)(3), permits 
disclosures where a person or entity is seeking correct 
information about an individual who presented false information 
or information that is no longer correct, ``but only for the 
purpose of preventing fraud by, pursuing legal remedies 
against, or recovering on a debt or security interest against, 
the individual.''
      Some State motor vehicle departments may require 
requestors seeking to use this exception to certify or state 
the purpose for which the information is being sought. While in 
most cases this practice by the State will not give rise to 
further concern, it could pose a problem for debt collectors 
covered under the Fair Debt Collection Practices Act (FDCPA). 
Section 804 of the FDCPA provides: ``Any debt collector 
communicating with any person other than the consumer for the 
purpose of acquiring location information about the consumer 
shall . . . (2) not state that such consumer owes any debt.''
      The interaction of section 804(2) of the FDCPA and 
subsection (b)(3) of the Driver's Privacy Protection Act could 
be interpreted as barring a covered debt collector from 
indicating to a State DMV that it was seeking information for a 
permitted purpose, thereby barring the debt collector from 
receiving information crucial to collecting a debt.
      This was clearly not the intention of the drafters of the 
legislation and it is not the intention of the Conferees. To 
the contrary, the drafters of the legislation and the Conferees 
intend for debt collectors to be able to obtain motor vehicle 
record information without violating section 804(2) of the 
FDCPA. In this case, the purpose of disclosing the existence of 
a debt is solely to establish the basis for receiving DMV data, 
not to harass the debtor. Therefore, the Conferees believe that 
a statement that the information is being sought for the 
purposes of recovering on a debt would not violate section 
804(2). In addition, the Conferees believe it would be adequate 
for debt collectors under (b)(3) to state that they are 
``pursuing legal remedies against . . . the individual,'' as 
provided in (b)(3), without stating that the legal remedies 
related to a debt. The Conferees believe that such a statement 
would not violate section 804 of the FDCPA, which is intended 
to prevent debt collectors from harassing a consumer by telling 
third parties that the consumer owes a debt. The Conferees 
believe that a collector is in no way harassing a consumer by 
telling a State DMV that information is sought in connection 
with ``pursuing legal remedies.''
      The opportunity to prohibit disclosure of personal 
information under (b)(11) and (b)(12) does not have to be 
provided each time a request for such information is made. 
Instead, the opportunity to prohibit these disclosures should 
be provided at the time an individual registers for or renews 
his or her driver's license, title registration or identity 
card and at any other time an individual contacts the State on 
his or her own initiative to prohibit such disclosures.
      Under subsection (b)(13), any requestor may obtain access 
to an individual's personal information if the requestor has 
obtained written consent from the individual whose personal 
information is sought. The Conferees intend that each State 
must provide that the requestor's demonstration include a 
written consent that has been notarized.

             TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND

      Sections 310001-02--House recedes to Senate sections 
1352-54 with modifications as follows: (1) the trust fund 
covers fiscal years 1995-2000 and totals $30.210 billion; (2) 
annual outlays from trust fund appropriations are subject to 
limits enforceable through sequestration procedures similar to 
those applied under the Balanced Budget and Emergency Deficit 
Control Act of 1985 to appropriations in the regular budget 
process; and (3) the limitations on the number of total Federal 
Government personnel is deleted because it has already been 
enacted into law (Federal Workforce Restructuring Act of 1994, 
P.L. 103-226).
      Section 310003--Senate recedes to House proposal to 
provide for the extension of authorizations of appropriations.
      This section is an ``authorization extender'' provision 
intended to assure the complete and efficient use of all 
authorizations contained in the Report and all monies 
transferred into the Violent Crime Reduction Trust Fund. Under 
this provision, if the amount appropriated from the Trust Fund 
for a given program in a particular fiscal year is less than 
the amount authorized for that program in that year, the unused 
portion of the authorization remains available for use for that 
program in later fiscal years.
      For example, if $100 million is authorized for program 
``A'' for fiscal year 1996 but only $75 million is actually 
appropriated, the remaining $25 million will be available for 
appropriations from the Trust Fund in fiscal years 1997 and 
beyond for that program. The $25 million in authorizations 
``extended'' beyond fiscal year 1996 need not all be used in 
fiscal year 1997; it remains available until funds are 
appropriated for such authorizations.
      Section 310004--Senate recedes to House proposal to 
provide for flexibility in making appropriations.
      This Section provides ``transfer authority'' to give the 
Appropriations Committees some flexibility in allocating 
appropriations from the Trust Fund among the programs included 
within each of three specified functional categories. Under 
these provisions, the $30.2 billion in authorizations contained 
in the Report is divided into the following categories: (1) 
State and Local Law Enforcement, (2) Federal Law Enforcement 
and (3) Prevention. Within each of these categories, the 
Appropriations Committees will, in any fiscal year, be 
permitted to transfer up to 10 percent of the authorization for 
a particular program to any other program within the same 
category.
      For example, within the ``Federal law enforcement'' 
category, the Appropriations Committees could decrease the 
fiscal year 1996 authorization for program ``A'' by up to 10 
percent and transfer that money to program ``B'' by increasing 
the authorization for ``B'' by the dollar amount subtracted 
from ``A''.
      The transfer authority provided in the Conference Report 
is subject to three additional limitations (1) the aggregate 
amount of authorizations transferred away from a program over 
the life of the Trust Fund may not exceed 10 percent of the 
program's total authorization; (2) transfer authority may not 
be used to increase total authorizations for any of the three 
categories for any fiscal year above the level authorized for 
that category by the Report; and (3) no transfers between 
categories are permitted, e.g., authorizations for 
``Prevention'' programs may not be transferred to ``Federal Law 
Enforcement'' programs.
      The following is a list of the programs included in each 
of the three broad functional categories:

                        FEDERAL LAW ENFORCEMENT

      (1) Authorization of Additional Appropriations for the 
Federal Judiciary, Section 190001(a)
      (2) Authorization of Additional Appropriations for the 
Department of Justice, Section 190001 (b)
      (3) Authorization of Additional Appropriations for the 
Federal Bureau of Investigation, Section 190001 (c)
      (4) Authorization of Additional Appropriations for United 
States Attorneys, Section 190001 (d)
      (5) Authorization of Additional Appropriations for the 
Department of the Treasury, Section 190001 (e)
      (6) National Center for Criminal Justice Research and 
Education, Section 320925
      (7) Gang Investigation Coordination and Information 
Collection, Section 150008
      (8) Motor Vehicle Theft Prevention, Section 220002
      (9) Criminal Alien Tracking Center, Section 130002
      (10) Expeditious Deportation for Denied Asylum 
Applicants, Section 130005
      (11) Improving Border Controls, Section 130006
      (12) Expanded Special Deportation Proceedings, Section 
130007
      (13) FBI and U.S. Attorney activities regarding Senior 
Citizens Against Marketing Scams, Section 250005
      (14) FBI Activities Regarding DNA, Sections 210303-210306
      (15) Agents for the Drug Enforcement Administration, 
Section 180104
      (16) Presidential Summit on Violence and National 
Commission on Crime Prevention and Control, Section 270009

                    STATE AND LOCAL LAW ENFORCEMENT

      (1) Public Safety and Policing, Sections 10001-10003
      (2) Law Enforcement Family Support, Section 210201
      (3) Availability of Violent Crime Reduction Trust Fund to 
fund activities authorized by the Brady Handgun Violence 
Protection Act and the National Child Protection Act of 1993, 
Section 210603
      (4) Rural Law Enforcement Agencies, Section 180101
      (5) Rural Drug Enforcement Training, Section 180103
      (6) Community-based Justice Grants for Prosecutors, 
Sections 31701-31708
      (7) Federal assistance to State court systems, Section 
210602
      (8) Police Recruitment, Sections 30801-30802
      (9) DNA Grants to States, Section 210302
      (10) Improved training and technical automation, Section 
210501
      (11) Extension of Byrne Grant Program, Section 210101
      (12) Criminal Justice and Substance Abuse Treatment 
Training, Section 320930
      (13) Violent Offender Incarceration and Truth-in-
Sentencing Incentive Grants, Sections 20101-20109
      (14) Incarceration of Undocumented Criminal Aliens, 
Section 20301
      (15) Prevention, Diagnosis, and Treatment of Tuberculosis 
in Correctional Institutions, Section 32201
      (16) Certainty of Punishment for Young Offenders, Section 
20201

                               prevention

      (1) Drug Courts, Section 50001
      (2) Ounce of Prevention, Sections 30101-30104
      (3) Youth Employment and Skills Crime Prevention, Section 
30201
      (4) Model Intensive Grants, Sections 30301-30307
      (5) Family and Community Endeavor Schools Grant Program 
and Community Schools Youth Services and Supervision Grant 
Program, Sections 30401-30403
      (6) Police Partnerships for Children and Grants for 
Police Residence in High Crime Areas, Sections 30501-30505
      (7) Midnight Sports, Section 30601
      (8) Assistance for Delinquent and At-Risk Youth, Sections 
30701-30702
      (9) National Triad Program, Sections 30901-30906
      (10) Local Partnership Act, Sections 31001-31002
      (11) National Community Economic Partnership, Sections 
31101-31133
      (12) Gang Prevention Services for Boys and Girls, 
Sections 31201-31207
      (13) Olympic Youth Development Centers, Section 31301
      (14) Anti-Crime Youth Councils, Sections 31401-31405
      (15) Urban Recreation and At-Risk Youth, Sections 31501-
31505
      (16) Boys and Girls Clubs in Public Housing, Sections 
31601-31603
      (17) Child Safety, Sections 31801-31808
      (18) Family Unity Demonstration Project, Sections 31901-
31922
      (19) Substance Abuse Treatment in Federal Prisons, 
Section 32001
      (20) Substance Abuse Treatment for State Prisoners, 
Section 32101
      (21) Hope in Youth Program, Sections 32301-32307
      (22) Gang Resistance Education and Training, Section 
32401
      (23) Federal Victim's Counselors, Section 40114
      (24) Grants to Combat Violent Crimes Against Women, 
Section 40121
      (25) Education and Prevention Grants to Reduce Sexual 
Assaults Against Women, Section 40151
      (26) Training Programs, Section 40152
      (27) Education and Prevention Grants to Reduce Sexual 
Abuse of Runaway, Homeless, and Street Youth, Section 40155
      (28) Victims of Child Abuse Programs, Section 40156
      (29) National Domestic Violence Hotline, Section 40211
      (30) Encouraging Arrest Policies in Domestic Violence 
Cases, Section 40231
      (31) Battered Women Shelters, Section 40241
      (32) Youth Education and Domestic Violence, Section 40251
      (33) Community Programs on Domestic Violence, Section 
40261
      (34) Study on State Databases, Section 40292
      (35) Study on Number and Cost of Domestic Violence 
Injuries, Section 40293
      (36) Rural Domestic Violence and Child Abuse Enforcement 
Assistance, Section 40295
      (37) Education and Training for Judges and Court 
Personnel in State Courts, Sections 40411-40414
      (38) Education and Training for Judges and Court 
Personnel in Federal Courts, Sections 40421-40422
      (39) National Baseline Study on Campus Sexual Assault, 
Section 40506
      (40) National Stalker and Domestic Violence Reduction, 
Sections 40601-40611
      (41) Juvenile Drug Trafficking and Gang Prevention 
Grants, Section 150004
      (42) Grants for Youth Development Centers, Section 150005
      (43) Missing Alzheimer's Disease Patient Alert Program, 
Section 240001
      (44) Safe Senior Corridors Grants, Section 240003

                       TITLE XXXII--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

      Section 320101--House recedes to Senate section 2901, 
increased penalties for assault.
      Section 320102--House recedes to Senate section 2902, 
increased penalties for manslaughter.
      Section 320103--House recedes to Senate section 2903, 
increased penalties for civil rights violations.
      Section 320104--Senate section 2904(a) recedes to House 
section 3051, Penalties for Trafficking in Counterfeit Goods 
and Services; House recedes to Senate section 2904(b), 
laundering monetary instruments.
      Section 320105--House recedes to Senate section 2905, 
penalty for committing murder for hire.
      Section 320106--House recedes to Senate section 2907, 
increased penalties for arson, with modifications to delete 
mandatory minimum and increase the maximum penalty range.
      Section 320107--House recedes to Senate section 616, 
increased penalties for drug trafficking near public housing. 
Senate section 1503 is deleted as duplicative.
      Section 320108--House recedes to Senate section 5105, 
penalties for nonindigenous species, with modifications.
      Section 320109--Senate recedes to House section 3056, 
military medals and decorations.
      Senate section 2967, balance in the criminal justice 
system, recedes to House.

      Subtitle B--Extension of Protection of Civil Rights Statutes

      Section 320201--House recedes to Senate section 2911, 
extension of civil rights statutes.

                      Subtitle C--Audit and Report

      Sections 320301-02--House recedes to Senate sections 
2921-22, audit and report.

                        Subtitle D--Coordination

      Section 320401--House recedes to Senate section 5166, 
coordination of treatment and prevention programs.

                          Subtitle E--Gambling

      Section 320501--House recedes to Senate section 2932, 
clarifying amendment regarding scope of prohibition against 
gambling on ships in international waters, with technical 
modifications.
      Senate section 2931, enforcement of laws relating to 
gaming, recedes to House.

               Subtitle F--White Collar Crime Amendments

      Section 320601--House recedes to Senate section 2941, 
receiving proceeds of extortion or kidnapping.
      Section 320602--House recedes to Senate section 2942, 
receiving the proceeds of a postal robbery.
      Sections 320603-04--Senate section 2101 recedes to House 
sections 401-02, Insurance Fraud.
      Sections 320605-06--House recedes to Senate sections 
2201-03, Financial Institution Fraud.
      Section 320607--House recedes to Senate section 2944, 
addition of predicate offenses.
      Section 320608--House recedes to Senate section 2945, 
definition of savings & loan.
      Section 320609--House recedes to Senate section 2946, 
definition of 1-year sentence.
      Senate section 2943 recedes to House.
      Senate sections 3801-21, enhanced penalties for health 
care fraud enforcement efforts, recede to House.
      Senate section 2301, savings and loan task force, recedes 
to House.
      Senate sections 4401-04, public corruption, recede to 
House.
      Senate section 2204 recedes to House.
      Senate section 5146, Bankruptcy, recedes to House.

              Subtitle G--Safer Streets and Neighborhoods

      Sections 320701-02--House recedes to Senate sections 
2951-52, Safer Streets and Neighborhoods, with technical 
modifications.

                Subtitle H--Recreational Hunting Safety

      House recedes to Senate sections 4601-08, Recreational 
Hunting Safety, with modifications.
      The conference report contains a modified version of 
Title XLVI of the Senate amendment, the Recreational Hunting 
Safety and Preservation Act of 1994. The purpose of this 
subtitle is to protect the safety and rights of persons to 
lawfully engage in hunting and fishing activities on Federal 
land.
      In fashioning the provisions of this subtitle, the 
Conferees took care to not infringe on the first amendment 
right of free speech. The civil penalty provisions of this 
subtitle only apply to intentional physical conduct that 
significantly hinders a lawful hunt. Conduct is defined to 
exclude any activity protected by the first amendment. None of 
the provisions of this subtitle are intended to affect or limit 
in any way first amendment rights. Nor does the subtitle affect 
Federal land managers' existing authority to subject speech to 
reasonable regulation as to time, place and manner to the 
extent it is Constitutionally permissible.
      In the interest of clarity, the Conferees have adopted a 
concise standard of violation, defined as intentional physical 
conduct that significantly hinders a lawful hunt. The Conferees 
intend that the physical conduct and the hinderance by 
considered as unitary; that is, both must be intentional. In 
other words, the conduct must be intentional, and must be done 
with the intention of significantly hindering a lawful hunt. A 
violation only occurs if the hinderance is significant; that 
is, it must have a negative influence or effect. The Conferees 
intend this to mean that incidental conduct which has de 
minimis effect on a hunt would not violate this subtitle.
      With the principles described above in mind, examples of 
violations of this subtitle would include, but not be limited 
to, driving or disturbing wildlife; blocking or impeding 
hunters; using visual, aural, olfactory, or physical stimuli to 
affect wildlife behavior; erecting barriers to deny ingress or 
egress to areas where a lawful hunt takes place; placing a 
person or object in the line of fire; taking, disturbing or 
damaging property, such as a hunting blind; abusing a hunting 
dog; or other conduct intended to slow or make difficult the 
progress of a lawful hunt.

                      Subtitle I--Other Provisions

      Section 320901--House recedes to Senate section 2965, 
wiretaps, with technical modification.
      Section 320902--House recedes to Senate section 2966, 
theft of major artwork, with modifications.
      Section 320903--House recedes to Senate section 2969, 
addition of attempted robbery, kidnapping, smuggling and 
property damage offenses.
      Section 320904--House recedes to Senate section 2972, to 
include findings with respect to the gun-free school zone 
provisions of the Crime Control Act of 1990.
      Section 320905--House recedes to Senate section 5109, 
interstate wagering.
      Section 320906--Senate recedes to House section 3005 with 
technical modifications. The Conferees note that Congress finds 
with regard to this section that there are 8,000,000 workers in 
the trucking industry in the United States, some working for 
large carriers and some for small carriers, some for private 
carriers and some owner operators, all assisting the free flow 
of commerce by transporting all types of commodities that 
enter, leave, or move within this country. Unemployment, crime, 
and drug use have contributed to an increase of violence 
against commercial truckers, an increase that has gone 
unrecognized by the public at large. As few state or local 
authorities report violent crimes against truckers as such to 
the Federal Bureau of Investigation, statistics do not reflect 
this fast-growing and increasingly violent segment of crime. 
The Federal Bureau of Investigation investigated 282 truck 
hijackings involving crimes of violence in 1993, not including 
attempted crimes and crimes addressed by State, county, and 
local authorities. The Federal Government in large measure 
finances the highway system the trucking industry uses, 
collecting large sums in taxes from the industry and licenses, 
and regulates the industry and its drivers, entailing a 
concomitant responsibility to protect them against crime. 
Federal law provides protections to truckers in, among others, 
sections 33 and 1951 of title 18, United States Code, but 
currently Federal prosecutions are not undertaken unless 
certain monetary thresholds of loss are met.
      Section 320907--House recedes to Senate section 5148 with 
technical modifications. The Conferees note the Senate finds 
with regard to this section that: (1) the National Center for 
Health Statistics has reported that the out-of-wedlock birth 
rate reached 29.5 percent in 1991 (66.3 percent in Washington 
DC., 71.0 percent in Detroit); (2) the out-of-wedlock birth 
rate has increased without interruption since 1970, and, as 
pointed out recently by George Will, ``the rate of increase is 
not slowing even at extraordinary levels''; (3) Dr. Lee 
Rainwater of Harvard University predicts that the rate will 
reach 40 percent within 7 years; (4) Professor James Q. Wilson 
has described the erosion of the family structure in the United 
States and Western nations as ``a major cultural convulsion'' 
that is inextricably associated with the rise of violent urban 
crime; (5) President Clinton has stated on the national 
television program ``Meet the Press'' that there is 
``absolutely'' a correlation between crime and drugs and the 
breakdown of the family.
      Section 320908--House recedes to Senate section 5106 with 
technical modifications. The Conferees note the Senate finds 
with regard to this section that (1) international criminal 
activity has increased dramatically over the past decade and 
has been facilitated by modern developments in transportation 
and communications, relaxed travel restrictions, and the 
greatly increased volume of international trade; (2) The 
expansion of international criminal activity is reflected in 
the growth of requests for mutual legal assistance and 
extradition made between the United States and other countries, 
the number of such requests having increased from 535 in 1984 
to 2,238 in 1992; (3) The global reach of organized crime 
constitutes a serious threat to the security and stability of 
sovereign nations; (4) the expanding scope of international 
organized crime necessitates greater cooperation among nations 
to prosecute and eliminate organized criminal groups; (5) there 
is an urgent need for new approaches to allow the international 
law enforcement community to pursue international criminals 
across national boundaries; (6) The United Nations Convention 
Against Illicit Traffic in Narcotic Drugs and Psychotropic 
Substances has helped bring about improved international 
cooperation with respect to narcotics; (7) The current role of 
the United Nations with respect to international organized 
crime is limited by the lack of a binding international 
convention dealing with the broad range of organized criminal 
activity beyond narcotics; (8) The United Nations Commission on 
Crime Prevention and Criminal Justice has successfully 
facilitated the negotiation and implementation of mutual legal 
assistance and extradition treaties between certain nations, 
and has helped train nations to effectively execute the terms 
of such treaties; (9) The United Nations Commission on Crime 
Prevention and Criminal Justice currently has limited authority 
and resources.
      Section 320909--House recedes to Senate section 2961, 
optional venue for espionage.
      Section 320910--House recedes to Senate section 2962, 
undercover operations.
      Section 320911--House recedes to Senate section 2968, 
misuse of DEA initials.
      Section 320912--House recedes to Senate section 2970, 
definition of livestock, with modification.
      Section 320913--House recedes to Senate section 5155, 
asset forfeiture.
      Section 320914--House recedes to Senate section 5156, 
clarification of court.
      Section 320915--House recedes to Senate section 5164. The 
Conferees note that the Senate has found regarding this 
provision that we are losing control of our streets and our 
neighborhoods to gangs, drugs and violent crime; Americans 
tolerate a level of violence 5 times that of Canada and 10 
times that of England; this bill establishes a Violent Crime 
Reduction Trust Fund. The conference report authorizes the 
revenues to fund the Trust Fund be derived from savings 
resulting from a reduction in Federal personnel; and the 
Federal law enforcement agencies charged with carrying out the 
provisions of this Act will require substantial manpower to 
implement the Act.
      Section 320916--Senate recedes to House section 3041, 
traveler protection.
      Section 320917--House recedes to Senate section 2971, 
extension of statute of limitations for arson, with 
modifications.
      Section 320918--House recedes to Senate section 1603, 
Sense of Congress concerning child custody and visitation 
rights.
      Section 320919--Senate recedes to House section 3048, 
Edward Byrne Memorial Formula Grant Program.
      Section 320920--House recedes to Senate section 5127, Law 
Day USA with modification. The Conferees note that the Senate 
has found with regard to this program that the first day of May 
each year has been designated as ``Law Day U.S.A.'' and set 
aside as a special day to advance equality and justice under 
law, to encourage citizens' support for law enforcement and law 
observance, and to foster respect for law and an understanding 
of the essential place of law in the life of every citizen of 
the United States; each day police officers and other law 
enforcement personnel perform their duties unflinchingly and 
without hesitation; each year tens of thousands of law 
enforcement personnel are injured or assaulted in the course of 
duty and many are killed; law enforcement personnel are devoted 
to their jobs, are underpaid for their efforts and are tireless 
in their work; and law enforcement personnel perform their 
duties without adequate recognition.
      Section 320921--House recedes to Senate section 5154 with 
modifications. This section ensures that a defendant convicted 
for the first time will attend an appropriate rehabilitation 
program. The Conferees intend that the courts ensure that 
defendants who may suffer from organic brain damage or severe 
mental illness are referred to the most appropriate 
rehabilitative care addressing their specific needs. Further, 
any rehabilitation program may refer the defendant back to the 
court if it determines that its program is inappropriate for 
the defendant.
      Section 320922--Senate recedes to House section 3001, 
Display of Flags at Half Staff.
      Section 320923--Senate recedes to House section 3011, 
Financial Institution Fraud.
      Section 320924--House recedes to Senate section 5114, 
definition of parent.
      Section 320926--House recedes to Senate section 5123, 
Hate Crime Statistics Act.
      Section 320927--Senate recedes to House proposal 
exempting return of handgun to owner from Brady background 
check requirement.
      Section 320928--House recedes to Senate sections 811-16, 
Protection of Children, the Elderly, and Individuals with 
Disabilities, with modifications to delete already enacted 
provisions and with other modifications.
      Section 320929--Senate recedes to House proposal 
regarding Tennessee Valley Authority Law Enforcement.
      Section 320932--House recedes to Senate section 5162, 
Assistant United States Attorney Residency, with modification 
to 25 miles.
      Section 320933--Senate recedes to House section 3086 with 
modifications.
      Section 320934--Senate recedes to House proposal 
regarding non-dischargeability.
      Section 320935--House recedes to Senate section 831 with 
modifications.
      Senate section 5128, treatment of Indian tribes, recedes 
to House because Indian tribal governments are incorporated 
throughout the bill.
      Senate section 5133, Control and Prevention of Crime in 
Indian Country, recedes to House because Indian Tribes are 
incorporated throughout the bill.
      Senate section 5151, Supreme Court marshals and police, 
deleted because already enacted.
      Senate section 5116, parental accountability, recedes to 
House.
      Senate section 5108, Report on Success of Royal Hong Kong 
Police Recruiting, recedes to House.
      Senate section 5147 recedes to House. The Conferees note 
that the substance of this provision is included in the 
provisions for alternative punishment for young offenders.
      Senate section 5145, Children and Youth Utilizing Federal 
Land, recedes to House.
      Senate section 5104 recedes to House.
      Senate section 5134, extension of RTC statute of 
limitations, recedes to House.
      House sections 3061-62, Age Discrimination in Employment, 
recede to Senate.
      House section 1098B, Benefit for Chaplains, recedes to 
Senate because Senate budget point of order lies against this 
section.
      Senate sections 2801-03, Safe Schools, are deleted 
because already enacted.
      Senate sections 1011-12, community substance abuse 
prevention, recede to House.
      House section 1605 recedes to Senate.

                  TITLE XXXIII--TECHNICAL CORRECTIONS

      Sections 330001-025--Senate sections 3001-13 recede to 
the technical corrections found in H.R. 3131 with conforming 
changes and additional technical corrections.
                                   Jack Brooks,
                                   Don Edwards,
                                   Bill Hughes,
                                   Charles Schumer,
                                   John Conyers,
                                   Pat Schroeder,
                                   Barney Frank,
                                   Michael N. Castle,
                As additional conferees from the Committee on 
                Agriculture, for consideration of sections 
                4601-08, 5105, and 5145 of the Senate 
                amendment, and modifications committed to 
                conference:
                                   E de la Garza,
                                   Charlie Rose,
                                   Charlie Stenholm,
                                   Pat Roberts,
                                   Richard Pombo,
                As additional conferees from the Committee on 
                Banking, Finance and Urban Affairs, for 
                consideration of sections 2201-04, 2301, and 
                4901-33 of the Senate amendment, and sections 
                1031(b), 1038, and 1099AA-1099CC of the House 
                amendment, and modifications committed to 
                conference:
                                   Henry Gonzalez,
                                   Stephen Neal,
                                   Bruce F. Vento,
                As additional conferees from the Committee on 
                Education and Labor, for consideration of 
                sections 631-33, 662(e), 662(f), 811-16, 921-
                28, 1121-50, 1331, 2801-03, 3261, 3263, 3311, 
                3341, 3351, 3361, 3381-83, 3501, 3707, 4001-09, 
                4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122, 
                5135, 5140, 5142-43, and 5147 of the Senate 
                amendment, and sections 1010-26, 1030-34, 1038, 
                1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-
                1099O, 1099P-1099T, 1606, 1610, 1653-54, 
                1902(e), 1902(f), 2201-02, 2701-39, 3061-62, 
                3089-90, of the House amendment, and 
                modifications committed to conference:
                                   William D. Ford,
                                   Dale E. Kildee,
                As additional conferees from the Committee on 
                Energy and Commerce, for consideration of 
                sections 1503-04, 1511-23, 1532, 1534-35, 1537, 
                1902(e), 3101-03, 3261, and 5166 of the Senate 
                amendment, and sections 1010-26, 1041-44, 1606, 
                2901-03, and 3086 of the House Amendment, and 
                modifications committed to conference:
                                   John D. Dingell,
                                   Henry A. Waxman,
                                   Cardiss Collins,
                As additional conferees from the Committee on 
                Government Operations, for consideration of 
                sections 1353-54, 1535, and 5150 of the Senate 
                amendment, and sections 1075-76 of the House 
                amendment, and modifications committed to 
                conference:
                Provided, Mr. Spratt and Mr. Kyl are appointed 
                in lieu of Mr. Waxman and Mr. Clinger solely 
                for the consideration of sections 1535 and 5150 
                of the Senate amendment.
                                   John M. Spratt, Jr.,
                As additional conferees from the Committee on 
                Merchant Marine and Fisheries, for 
                consideration of sections 713-15, 4601-08, 
                5105, and 5145 of the Senate amendment, and 
                modifications committed to conference:
                                   Gary E. Studds,
                                   George Hochbrueckner,
                As additional conferees from the Committee on 
                Natural Resources, for consideration of 
                sections 3232-33, 4601-08, and 5145 of the 
                Senate amndment and sections 1099U-1099Z of the 
                House amendment, and modifications committed to 
                conference:
                                   George Miller,
                                   Bruce Vento,
                                   Karen Shephard,
                                   Don Young,
                Provided, Ms. English of Arizona is appointed 
                in lieu of Ms. Shepherd solely for the 
                consideration of sections 4601-08 of the Senate 
                amendment.
                                   Karan English,
                Provided, Mr. Hinchey is appointed in lieu of 
                Ms. Shepherd solely for the consideration of 
                sections 1099U-1099Z of the House amendment.
                                   Maurice Hinchey,
                As additional conferees from the Committee on 
                Post Office and Civil Service, for 
                consideration of sections 1352 and 3371 of the 
                Senate amendment, and modifications committed 
                to conference:
                                   William Clay,
                                   Frank McCloskey,
                                   Eleanor H. Norton,
                                   Constance Morella,
                As additional conferees from the Committee on 
                Public Works and Transportation, for 
                consideration of sections 1533, 1536, and 3231 
                of the Senate amendment, and section 1801 of 
                the House amendment and modifications 
                committeed to conference:
                                   Norman Y. Mineta,
                                   Nick Rahall,
                                   Bud Shuster,
                                   Thomas E. Petri,
                As additional conferees from the Committee on 
                Rules, for consideration of sections 1353-54 of 
                the Senate amendment, and modifications 
                committed to conference:
                                   Butler Derrick,
                As additional conferees from the Committee on 
                Ways and Means, for consideration of sections 
                311(b), 1502, 1515-16, 1802, 4702(e)(1), 5102, 
                and 5113 of the Senate amendment, and 
                modifications committed to conference:
                                   Dan Rostenkowski,
                                   Sam Gibbons,
                                   J.J. Pickle,
                                 Managers on the Part of the House.

                                   Joseph R. Biden, Jr.,
                                   Ted Kennedy,
                                   Howard Metzenbaum,
                                   Dennis DeConcini,
                                   Pat Leahy,
                                Managers on the Part of the Senate.

                                    

      
