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103d Congress 2d Session
HOUSE OF REPRESENTATIVES
Report 103-711
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VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
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CONFERENCE REPORT
to Accompany
H.R. 3355
August 21, 1994.--Ordered to be printed
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103d Congress 2d Session
HOUSE OF REPRESENTATIVES
Report 103-711
-----------------------------------------------------------------------------
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
----------
CONFERENCE REPORT
to Accompany
H.R. 3355
August 21, 1994.--Ordered to be printed
103d Congress Report
HOUSE OF REPRESENTATIVES
2d Session 103-711
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VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
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August 21, 1994.--Ordered to be printed
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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 follows:
That the Senate recede from its disagreement to the amendment of the
House to the amendment of the Senate to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; "Cops on the Beat".
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive
Grants
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
Subtitle B--Punishment for Young Offenders
Sec. 20201. Certain punishment for young offenders.
Subtitle C--Alien Incarceration
Sec. 20301. Incarceration of undocumented criminal aliens.
Subtitle D--Miscellaneous Provisions
Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of imprisonment,
release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of "good time".
Sec. 20406. Task force on prison construction standardization and techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act and
the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited.
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal prison
facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.
Subtitle D--Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and Community Endeavor Schools Grant Program.
TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
Subtitle B--Local Crime Prevention Block Grant Program
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
Subtitle C--Model Intensive Grant Programs
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applicants.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
Subtitle D--Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
Subtitle G--Assistance for Delinquent and At-Risk Youth
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
Subtitle H--Police Recruitment
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
Subtitle J--Local Partnership Act
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
Subtitle K--National Community Economic Partnership
Sec. 31101. Short title.
Chapter 1--Community Economic Partnership Investment Funds
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
Chapter 2--Emerging Community Development Corporations
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan funds.
Chapter 3--Miscellaneous Provisions
Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
Subtitle O--Urban Recreation and At-Risk Youth
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
Subtitle Q--Community-Based Justice Grants for Prosecutors
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. ward of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
Subtitle S--Family Unity Demonstration Project
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
Chapter 1--Grants To States
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Report.
Chapter 2--Family Unity Demonstration Project for Federal Prisoners
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
Subtitle T--Substance Abuse Treatment in Federal Prisons
Sec. 32001. Substance abuse treatment in Federal prisons.
Subtitle U--Residential Substance Abuse Treatment for State Prisoners
Sec. 32101. Residential substance abuse treatment for State prisoners.
Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
Subtitle X--Gang Resistance Education and Training
Sec. 32401. Gang resistance education and training projects.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
Subtitle A--Safe Streets for Women
Sec. 40101. Short title.
Chapter 1--Federal Penalties for Sex Crimes
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.
Chapter 2--Law Enforcement and Prosecution Grants to Reduce Violent Crimes
Against Women
Sec. 40121. Grants to combat violent crimes against women.
Chapter 3--Safety For Women in Public Transit and Public Parks
Sec. 40131. Grants for capital improvements to prevent crime in public
transportation.
Sec. 40132. Grants for capital improvements to prevent crime in national
parks.
Sec. 40133. Grants for capital improvements to prevent crime in public parks.
Chapter 4--New Evidentiary Rules
Sec. 40141. Sexual history in criminal and civil cases.
Chapter 5--Assistance To Victims of Sexual Assault
Sec. 40151. Education and prevention grants to reduce sexual assaults against
women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual assault or
domestic violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of
runaway, homeless, and street youth.
Sec. 40156. Victims of child abuse programs.
Subtitle B--Safe Homes for Women
Sec. 40201. Short title.
Chapter 1--National Domestic Violence Hotline
Sec. 40211. Grant for a national domestic violence hotline.
Chapter 2--Interstate Enforcement
Sec. 40221. Interstate enforcement.
Chapter 3--Arrest Policies in Domestic Violence Cases
Sec. 40231. Encouraging arrest policies.
Chapter 4--Shelter Grants
Sec. 40241. Grants for battered women's shelters.
Chapter 5--Youth Education
Sec. 40251. Youth education and domestic violence.
Chapter 6--Community Programs on Domestic Violence
Sec. 40261. Establishment of community programs on domestic violence.
Chapter 7--Family Violence Prevention and Services Act Amendments
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
Chapter 8--Confidentiality For Abused Persons
Sec. 40281. Confidentiality of abused person's address.
Chapter 9--Data And Research
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
Chapter 10--Rural Domestic Violence and Child Abuse Enforcement
Sec. 40295. Rural domestic violence and child abuse enforcement assistance.
Subtitle C--Civil Rights for Women
Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the privacy of rape
victims.
Subtitle D--Equal Justice for Women in the Courts Act
Sec. 40401. Short title.
Chapter 1--Education And Training for Judges and Court Personnel in State
Courts
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
Sec. 40413. Cooperation in developing programs in making grants under this
title.
Sec. 40414. Authorization of appropriations.
Chapter 2--Education And Training for Judges and Court Personnel in Federal
Courts
Sec. 40421. Authorizations of circuit studies; education and training grants.
Sec. 40422. Authorization of appropriations.
Subtitle E--Violence Against Women Act Improvements
Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims below the
age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of Federal
benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of domestic
violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.
Subtitle F--National Stalker and Domestic Violence Reduction
Sec. 40601. Authorizing access to Federal criminal information databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.
Subtitle G--Protections for Battered Immigrant Women and Children
Sec. 40701. Alien petitioning rights for immediate relative or second
preference status.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.
TITLE V--DRUG COURTS
Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.
TITLE VI--DEATH PENALTY
Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the sentence of
death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement
officials.
Sec. 60008. New offense for the indiscriminate use of weapons to further drug
conspiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of violence
and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in Federal
facilities.
Sec. 60015. Death penalty for the murder of State or local officials
assisting Federal law enforcement officials and State
correctional officers.
Sec. 60016. Protection of court officers and jurors.
Sec. 60017. Prohibition of retaliatory killings of witnesses, victims, and
informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or fixed
platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil aviation.
Sec. 60022. Terrorist Death Penalty Act.
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.
TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN
FELONIES
Sec. 70001. Mandatory life imprisonment for persons convicted of certain
felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASES
Sec. 80001. Limitation on applicability of mandatory minimum penalties in
certain cases.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions
Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in "drug-free" zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons and
for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs under RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions of the
controlled substances act and the controlled substances import
and export act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.
Subtitle B--National Narcotics Leadership Act Amendments
Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug Control Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.
TITLE X--DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI--FIREARMS
Subtitle A--Assault Weapons
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of certain
semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by attorney general.
Sec. 110105. Effective date.
Sec. 110106. Appendix a to section 922 of title 18.
Subtitle B--Youth Handgun Safety
Sec. 110201. Prohibition of the possession of a handgun or ammunition by, or
the private transfer of a handgun or ammunition to, a juvenile.
Subtitle C--Licensure
Sec. 110301. Firearms licensure and registration to require a photograph and
fingerprints.
Sec. 110302. Compliance with State and local law as a condition to license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms licensees.
Subtitle D--Domestic Violence
Sec. 110401. Prohibition against disposal of firearms to, or receipt of
firearms by, persons who have committed domestic abuse.
Subtitle E--Gun Crime Penalties
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during a
crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive to
commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material Statement
in connection with the acquisition of a firearm from a licensed
dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms which
have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent felons and
serious drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.
TITLE XII--TERRORISM
Sec. 120001. Extension of the statute of limitation for certain terrorism
offenses.
Sec. 120002. Jurisdiction over crimes against United States nationals on
certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or reentering,
after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism information.
Sec. 130004. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.
TITLE XIV--YOUTH VIOLENCE
Sec. 140001. Prosecution as adults of certain juveniles for crimes of
violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by juveniles.
Sec. 140006. Increased penalties for employing children to distribute drugs
near schools and playgrounds.
Sec. 140007. Increased penalties for travel act crimes involving violence and
conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.
TITLE XV--CRIMINAL STREET GANGS
Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally assisted
low-income housing.
Sec. 150008. Gang investigation coordination and information collection.
Sec. 150009. Multijurisdictional gang task forces.
TITLE XVI--CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child pornography.
Sec. 160002. Sense of Congress concerning State legislation regarding child
pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections 2252 and
2256 of title 18, United States code.
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act
Sec. 170101. Establishment of program.
Subtitle B--Assaults Against Children
Sec. 170201. Assaults against children.
Subtitle C--Missing and Exploited Children
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
Sec. 180201. Drug free truck stops and safety rest areas.
Subtitle C--Sense of Congress Regarding Funding for Rural Areas
Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND EDUCATION
Subtitle A--Police Corps
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law enforcement
education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps
officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.
Subtitle B--Law Enforcement Scholarship Program
Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--Byrne Program
Sec. 210101. Extension of Byrne Grant funding.
Subtitle B--Law Enforcement Family Support
Sec. 210201. Law enforcement family support.
Subtitle C--DNA Identification
Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA analyses
for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA
identification information.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.
Subtitle D--Police Pattern or Practice
Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.
Subtitle E--Improved Training and Technical Automation
Sec. 210501. Improved training and technical automation.
Subtitle F--Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State court
systems resulting from enactment of this act.
Sec. 210603. Availability of violent crime reduction trust fund to fund
activities authorized by the Brady Handgun Violence Prevention
Act and the National Child Protection Act of 1993.
TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.
TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a
violent crime or sexual abuse to speak at an offender's
sentencing hearing and any parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain Federal
programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXIV--PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access devices.
Sec. 250008. Information network.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON CRIME
PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII--SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States Sentencing Commission regarding
sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing
Commission.
Sec. 280006. Cocaine penalty study.
TITLE XXIX--COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal information
from State motor vehicle records.
Sec. 300003. Effective date.
TITLE XXXI--VIOLENT CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal years
for which the full amount authorized is not appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII--MISCELLANEOUS
Subtitle A--Increases in Penalties
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and services.
Sec. 320105. Increased penalty for conspiracy to commit murder for hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public housing.
Sec. 320108. Task force and criminal penalties relating to the introduction
of nonindigenous species.
Sec. 320109. Military medals and decorations.
Subtitle B--Extension of Protection of Civil Rights Statutes
Sec. 320201. Extension of protection of civil rights statutes.
Subtitle C--Audit and Report
Sec. 320301. Audit requirement for State and local law enforcement agencies
receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting expenses.
Subtitle D--Coordination
Sec. 320401. Coordination of substance abuse treatment and prevention
programs.
Subtitle E--Gambling
Sec. 320501. Clarifying amendment regarding scope of prohibition against
gambling on ships in international waters.
Subtitle F--White Collar Crime Amendments
Sec. 320601. Receiving the proceeds of extortion or kidnapping.
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial institutions rewards
statute.
Sec. 320608. Definition of "savings and loan association" for purposes of the
offense of bank robbery and related offenses.
Sec. 320609. Definition of 1-year period for purposes of the offense of
obstruction of a Federal audit.
Subtitle G--Safer Streets and Neighborhoods
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
Subtitle H--Recreational Hunting Safety
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
Subtitle I--Other Provisions
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate inconsistencies and gaps in
coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock births.
Sec. 320908. Sense of the Senate regarding the role of the united nations in
international organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials "DEA".
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a "court of the United States" to
include the district courts for Guam, the Northern Mariana
Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation
rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the senate regarding Law Day U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense of
kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of return of
handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissibility of evidence of similar crimes in sex offense
cases.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sec. 330001. Amendments relating to Federal financial assistance for law
enforcement.
Sec. 330002. General title 18 corrections.
Sec. 330003. Corrections of erroneous cross references and misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
Sec. 330005. Correction of drafting error in the Foreign Corrupt Practices
Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate duplicate
predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in offenses
under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer of
child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of "kidnap".
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18,
United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the
Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 10001. SHORT TITLE.
This title may be cited as the "Public Safety Partnership and Community
Policing Act of 1994".
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement officers
interacting directly with members of the community ("cops on the beat");
(2) provide additional and more effective training to law enforcement
officers to enhance their problem solving, service, and other skills
needed in interacting with members of the community;
(3) encourage the development and implementation of innovative
programs to permit members of the community to assist State, Indian
tribal government, and local law enforcement agencies in the prevention
of crime in the community; and
(4) encourage the development of new technologies to assist State,
Indian tribal government, and local law enforcement agencies in
reorienting the emphasis of their activities from reacting to crime to
preventing crime,
by establishing a program of grants and assistance in furtherance of these
objectives, including the authorization for a period of 6 years of grants for
the hiring and rehiring of additional career law enforcement officers.
SEC. 10003. COMMUNITY POLICING; "COPS ON THE BEAT".
(a) In General.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
"PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; 'COPS ON THE BEAT'
"SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS.
"(a) Grant Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, other public
and private entities, and multi-jurisdictional or regional consortia thereof
to increase police presence, to expand and improve cooperative efforts
between law enforcement agencies and members of the community to address
crime and disorder problems, and otherwise to enhance public safety.
"(b) Rehiring, Hiring, and Initial Redeployment Grant Projects.--
"(1) In general.--Grants made under subsection (a) may be used for
programs, projects, and other activities to--
"(A) rehire law enforcement officers who have been laid off as a
result of State and local budget reductions for deployment in
community-oriented policing;
"(B) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across the
Nation; and
"(C) procure equipment, technology, or support systems, or pay
overtime, if the applicant for such a grant demonstrates to the
satisfaction of the Attorney General that expenditures for such
purposes would result in an increase in the number of officers
deployed in community-oriented policing equal to or greater than the
increase in the number of officers that would result from a grant for
a like amount for the purposes specified in subparagraph (A) or (B).
"(2) Grants for equipment, technology, and support systems.--Grants
pursuant to paragraph (1)(C)--
"(A) may not exceed--
"(i) 20 percent of the funds available for grants pursuant to
this subsection in fiscal year 1995;
"(ii) 20 percent of the funds available for grants pursuant
to this subsection in fiscal year 1996; or
"(iii) 10 percent of the funds available for grants pursuant
to this subsection in fiscal years 1997, 1998, 1999, and 2000;
and
"(B) may not be awarded in fiscal years 1998, 1999, or 2000
unless the Attorney General has certified that grants awarded in
fiscal years 1995, 1996, and 1997 pursuant to subparagraph (1)(C)
have resulted in an increase in the number of officers deployed in
community-oriented policing equal to or greater than the increase in
the number of officers that have resulted from the grants in like
amounts awarded in fiscal years 1995, 1996, and 1997 pursuant to
paragraph (1) (A) and (B).
"(c) Troops-to-Cops Programs.--
"(1) In general.--Grants made under subsection (a) may be used to
hire former members of the Armed Forces to serve as career law
enforcement officers for deployment in community-oriented policing,
particularly in communities that are adversely affected by a recent
military base closing.
"(2) Definition.--In this subsection, 'former member of the Armed
Forces' means a member of the Armed Forces of the United States who is
involuntarily separated from the Armed Forces within the meaning of
section 1141 of title 10, United States Code.
"(d) Additional Grant Projects.--Grants made under subsection (a) may
include programs, projects, and other activities to--
"(1) increase the number of law enforcement officers involved in
activities that are focused on interaction with members of the community
on proactive crime control and prevention by redeploying officers to such
activities;
"(2) provide specialized training to law enforcement officers to
enhance their conflict resolution, mediation, problem solving, service,
and other skills needed to work in partnership with members of the
community;
"(3) increase police participation in multidisciplinary early
intervention teams;
"(4) develop new technologies to assist State and local law
enforcement agencies in reorienting the emphasis of their activities from
reacting to crime to preventing crime;
"(5) develop and implement innovative programs to permit members of
the community to assist State and local law enforcement agencies in the
prevention of crime in the community, such as a citizens' police academy,
including programs designed to increase the level of access to the
criminal justice system enjoyed by victims, witnesses, and ordinary
citizens by establishing decentralized satellite offices (including video
facilities) of principal criminal courts buildings;
"(6) establish innovative programs to reduce, and keep to a minimum,
the amount of time that law enforcement officers must be away from the
community while awaiting court appearances;
"(7) establish and implement innovative programs to increase and
enhance proactive crime control and prevention programs involving law
enforcement officers and young persons in the community;
"(8) develop and establish new administrative and managerial systems
to facilitate the adoption of community-oriented policing as an
organization-wide philosophy;
"(9) establish, implement, and coordinate crime prevention and
control programs (involving law enforcement officers working with
community members) with other Federal programs that serve the community
and community members to better address the comprehensive needs of the
community and its members; and
"(10) support the purchase by a law enforcement agency of no more
than 1 service weapon per officer, upon hiring for deployment in
community-oriented policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing.
"(e) Preferential Consideration of Applications for Certain Grants.--In
awarding grants under this part, the Attorney General may give preferential
consideration, where feasible, to applications for hiring and rehiring
additional career law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under subsection (i).
"(f) Technical Assistance.--
"(1) In general.--The Attorney General may provide technical
assistance to States, units of local government, Indian tribal
governments, and to other public and private entities, in furtherance of
the purposes of the Public Safety Partnership and Community Policing Act
of 1994.
"(2) Model.--The technical assistance provided by the Attorney
General may include the development of a flexible model that will define
for State and local governments, and other public and private entities,
definitions and strategies associated with community or problem-oriented
policing and methodologies for its implementation.
"(3) Training centers and facilities.--The technical assistance
provided by the Attorney General may include the establishment and
operation of training centers or facilities, either directly or by
contracting or cooperative arrangements. The functions of the centers or
facilities established under this paragraph may include instruction and
seminars for police executives, managers, trainers, supervisors, and such
others as the Attorney General considers to be appropriate concerning
community or problem-oriented policing and improvements in police-
community interaction and cooperation that further the purposes of the
Public Safety Partnership and Community Policing Act of 1994.
"(g) Utilization of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out this
part.
"(h) Minimum Amount.--Unless all applications submitted by any State and
grantee within the State pursuant to subsection (a) have been funded, each
qualifying State, together with grantees within the State, shall receive in
each fiscal year pursuant to subsection (a) not less than 0.5 percent of the
total amount appropriated in the fiscal year for grants pursuant to that
subsection. In this subsection, 'qualifying State' means any State which has
submitted an application for a grant, or in which an eligible entity has
submitted an application for a grant, which meets the requirements prescribed
by the Attorney General and the conditions set out in this part.
"(i) Matching Funds.--The portion of the costs of a program, project, or
activity provided by a grant under subsection (a) may not exceed 75 percent,
unless the Attorney General waives, wholly or in part, the requirement under
this subsection of a non-Federal contribution to the costs of a program,
project, or activity. In relation to a grant for a period exceeding 1 year
for hiring or rehiring career law enforcement officers, the Federal share
shall decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local sources of
funding following the conclusion of Federal support, as provided in an
approved plan pursuant to section 1702(c)(8).
"(j) Allocation of Funds.--The funds available under this part shall be
allocated as provided in section 1001(a)(11)(B).
"(k) Termination of Grants for Hiring Officers.--The authority under
subsection (a) of this section to make grants for the hiring and rehiring of
additional career law enforcement officers shall lapse at the conclusion of 6
years from the date of enactment of this part. Prior to the expiration of
this grant authority, the Attorney General shall submit a report to Congress
concerning the experience with and effects of such grants. The report may
include any recommendations the Attorney General may have for amendments to
this part and related provisions of law in light of the termination of the
authority to make grants for the hiring and rehiring of additional career law
enforcement officers.
"SEC. 1702. APPLICATIONS.
"(a) In General.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney General.
"(b) Application.--An application for a grant under this part shall be
submitted in such form, and contain such information, as the Attorney General
may prescribe by regulation or guidelines.
"(c) Contents.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under this
part shall--
"(1) include a long-term strategy and detailed implementation plan
that reflects consultation with community groups and appropriate private
and public agencies and reflects consideration of the statewide strategy
under section 503(a)(1);
"(2) demonstrate a specific public safety need;
"(3) explain the applicant's inability to address the need without
Federal assistance;
"(4) identify related governmental and community initiatives which
complement or will be coordinated with the proposal;
"(5) certify that there has been appropriate coordination with all
affected agencies;
"(6) outline the initial and ongoing level of community support for
implementing the proposal including financial and in-kind contributions
or other tangible commitments;
"(7) specify plans for obtaining necessary support and continuing the
proposed program, project, or activity following the conclusion of
Federal support;
"(8) if the application is for a grant for hiring or rehiring
additional career law enforcement officers, specify plans for the
assumption by the applicant of a progressively larger share of the cost
in the course of time, looking toward the continuation of the increased
hiring level using State or local sources of funding following the
conclusion of Federal support;
"(9) assess the impact, if any, of the increase in police resources
on other components of the criminal justice system;
"(10) explain how the grant will be utilized to reorient the affected
law enforcement agency's mission toward community-oriented policing or
enhance its involvement in or commitment to community-oriented policing;
and
"(11) provide assurances that the applicant will, to the extent
practicable, seek, recruit, and hire members of racial and ethnic
minority groups and women in order to increase their ranks within the
sworn positions in the law enforcement agency.
"(d) Special Provisions.--
"(1) Small jurisdictions.--Notwithstanding any other provision of
this part, in relation to applications under this part of units of local
government or law enforcement agencies having jurisdiction over areas
with population of less than 50,000, the Attorney General may waive 1 or
more of the requirements of subsection (c) and may otherwise make special
provisions to facilitate the expedited submission, processing, and
approval of such applications.
"(2) Small grant amount.--Notwithstanding any other provision of this
part, in relation to applications under section 1701(d) for grants of
less than $1,000,000, the Attorney General may waive 1 or more of the
requirements of subsection (c) and may otherwise make special provisions
to facilitate the expedited submission, processing, and approval of such
applications.
"SEC. 1703. RENEWAL OF GRANTS.
"(a) In General.--Except for grants made for hiring or rehiring
additional career law enforcement officers, a grant under this part may be
renewed for up to 2 additional years after the first fiscal year during which
a recipient receives its initial grant, if the Attorney General determines
that the funds made available to the recipient were used in a manner required
under an approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial application.
"(b) Grants for Hiring.--Grants made for hiring or rehiring additional
career law enforcement officers may be renewed for up to 5 years, subject to
the requirements of subsection (a), but notwithstanding the limitation in
that subsection concerning the number of years for which grants may be
renewed.
"(c) Multiyear Grants.--A grant for a period exceeding 1 year may be
renewed as provided in this section, except that the total duration of such a
grant including any renewals may not exceed 3 years, or 5 years if it is a
grant made for hiring or rehiring additional career law enforcement officers.
"SEC. 1704. LIMITATION ON USE OF FUNDS.
"(a) Nonsupplanting Requirement.--Funds made available under this part to
States or units of local government shall not be used to supplant State or
local funds, or, in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received under this part,
be made available from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of Indian Affairs.
"(b) Non-Federal Costs.--
"(1) In general.--States and units of local government may use assets
received through the Assets Forfeiture equitable sharing program to
provide the non-Federal share of the cost of programs, projects, and
activities funded under this part.
"(2) Indian tribal governments.--Funds appropriated by the Congress
for the activities of any agency of an Indian tribal government or the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost of
programs or projects funded under this part.
"(c) Hiring Costs.--Funding provided under this part for hiring or
rehiring a career law enforcement officer may not exceed $75,000, unless the
Attorney General grants a waiver from this limitation.
"SEC. 1705. PERFORMANCE EVALUATION.
"(a) Monitoring Components.--Each program, project, or activity funded
under this part shall contain a monitoring component, developed pursuant to
guidelines established by the Attorney General. The monitoring required by
this subsection shall include systematic identification and collection of
data about activities, accomplishments, and programs throughout the life of
the program, project, or activity and presentation of such data in a usable
form.
"(b) Evaluation Components.--Selected grant recipients shall be evaluated
on the local level or as part of a national evaluation, pursuant to
guidelines established by the Attorney General. Such evaluations may include
assessments of individual program implementations. In selected jurisdictions
that are able to support outcome evaluations, the effectiveness of funded
programs, projects, and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life measures,
community perceptions, and police perceptions of their own work.
"(c) Periodic Review and Reports.--The Attorney General may require a
grant recipient to submit to the Attorney General the results of the
monitoring and evaluations required under subsections (a) and (b) and such
other data and information as the Attorney General deems reasonably
necessary.
"SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.
"If the Attorney General determines, as a result of the reviews required
by section 1705, or otherwise, that a grant recipient under this part is not
in substantial compliance with the terms and requirements of an approved
grant application submitted under section 1702, the Attorney General may
revoke or suspend funding of that grant, in whole or in part.
"SEC. 1707. ACCESS TO DOCUMENTS.
"(a) By the Attorney General.--The Attorney General shall have access for
the purpose of audit and examination to any pertinent books, documents,
papers, or records of a grant recipient under this part and to the pertinent
books, documents, papers, or records of State and local governments, persons,
businesses, and other entities that are involved in programs, projects, or
activities for which assistance is provided under this part.
"(b) By the Comptroller General.--Subsection (a) shall apply with respect
to audits and examinations conducted by the Comptroller General of the United
States or by an authorized representative of the Comptroller General.
"SEC. 1708. GENERAL REGULATORY AUTHORITY.
"The Attorney General may promulgate regulations and guidelines to carry
out this part.
"SEC. 1709. DEFINITIONS.
"In this part--
" 'career law enforcement officer' means a person hired on a permanent
basis who is authorized by law or by a State or local public agency to
engage in or supervise the prevention, detection, or investigation of
violations of criminal laws.
" 'citizens' police academy' means a program by local law enforcement
agencies or private non profit organizations in which citizens,
especially those who participate in neighborhood watch programs, are
trained in ways of facilitating communication between the community and
local law enforcement in the prevention of crime.
" 'Indian tribe' means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their status as Indians.".
(b) Technical Amendment.--The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et seq.) is
amended by striking the item relating to part Q and inserting the following:
"Part Q--Public Safety and Community Policing; 'Cops on the Beat'
"Sec. 1701. Authority to make public safety and community policing grants.
"Sec. 1702. Applications.
"Sec. 1703. Renewal of grants.
"Sec. 1704. Limitation on use of funds.
"Sec. 1705. Performance evaluation.
"Sec. 1706. Revocation or suspension of funding.
"Sec. 1707. Access to documents.
"Sec. 1708. General regulatory authority.
"Sec. 1709. Definition.
"Part R--Transition; Effective Date; Repealer
"Sec. 1801. Continuation of rules, authorities, and proceedings.".
(c) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended--
(1) in paragraph (3) by striking "and O" and inserting "O, P, and Q";
and
(2) by adding at the end the following new paragraph:
"(11)(A) There are authorized to be appropriated to carry out part Q, to
remain available until expended--
"(i) $1,332,000,000 for fiscal year 1995;
"(ii) $1,850,000,000 for fiscal year 1996;
"(iii) $1,950,000,000 for fiscal year 1997;
"(iv) $1,700,000,000 for fiscal year 1998;
"(v) $1,700,000,000 for fiscal year 1999; and
"(vi) $268,000,000 for fiscal year 2000.
"(B) Of funds available under part Q in any fiscal year, up to 3 percent
may be used for technical assistance under section 1701(f) or for evaluations
or studies carried out or commissioned by the Attorney General in furtherance
of the purposes of part Q. Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications submitted by units of local
government or law enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities that serve
areas with populations exceeding 150,000, and 50 percent shall be allocated
for grants pursuant to applications submitted by units of local government or
law enforcement agencies having jurisdiction over areas with populations
150,000 or less or by public and private entities that serve areas with
populations 150,000 or less. Of the funds available in relation to grants
under part Q, at least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may be applied to
other grants in furtherance of the purposes of part Q. In view of the
extraordinary need for law enforcement assistance in Indian country, an
appropriate amount of funds available under part Q shall be made available
for grants to Indian tribal governments or tribal law enforcement agencies.".
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive
Grants
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) Grant Authorization.--The Attorney General may make grants to
individual States and to States organized as multi-State compacts to
construct, develop, expand, modify, operate, or improve correctional
facilities, including boot camp facilities and other alternative correctional
facilities that can free conventional prison space for the confinement of
violent offenders, to ensure that prison cell space is available for the
confinement of violent offenders and to implement truth in sentencing laws
for sentencing violent offenders.
(b) Eligibility.--To be eligible to receive a grant under this subtitle,
a State or States organized as multi-State compacts shall submit an
application to the Attorney General which includes--
(1) assurances that the State or States have implemented, or will
implement, correctional policies and programs, including truth in
sentencing laws that ensure that violent offenders serve a substantial
portion of the sentences imposed, that are designed to provide
sufficiently severe punishment for violent offenders, including violent
juvenile offenders, and that the prison time served is appropriately
related to the determination that the inmate is a violent offender and
for a period of time deemed necessary to protect the public;
(2) assurances that the State or States have implemented policies
that provide for the recognition of the rights and needs of crime
victims;
(3) assurances that funds received under this section will be used to
construct, develop, expand, modify, operate, or improve correctional
facilities to ensure that prison cell space is available for the
confinement of violent offenders;
(4) assurances that the State or States have a comprehensive
correctional plan which represents an integrated approach to the
management and operation of correctional facilities and programs and
which includes diversion programs, particularly drug diversion programs,
community corrections programs, a prisoner screening and security
classification system, appropriate professional training for corrections
officers in dealing with violent offenders, prisoner rehabilitation and
treatment programs, prisoner work activities (including, to the extent
practicable, activities relating to the development, expansion,
modification, or improvement of correctional facilities) and job skills
programs, educational programs, a pre-release prisoner assessment to
provide risk reduction management, post-release assistance, and an
assessment of recidivism rates;
(5) assurances that the State or States have involved counties and
other units of local government, when appropriate, in the construction,
development, expansion, modification, operation or improvement of
correctional facilities designed to ensure the incarceration of violent
offenders, and that the State or States will share funds received under
this section with counties and other units of local government, taking
into account the burden placed on these units of government when they are
required to confine sentenced prisoners because of overcrowding in State
prison facilities;
(6) assurances that funds received under this section will be used to
supplement, not supplant, other Federal, State, and local funds;
(7) assurances that the State or States have implemented, or will
implement within 18 months after the date of the enactment of this Act,
policies to determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which they are
entitled;
(8) if applicable, documentation of the multi-State compact agreement
that specifies the construction, development, expansion, modification,
operation, or improvement of correctional facilities; and
(9) if applicable, a description of the eligibility criteria for
prisoner participation in any boot camp that is to be funded.
(c) Consideration.--The Attorney General, in making such grants, shall
give consideration to the special burden placed on States which incarcerate a
substantial number of inmates who are in the United States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) Truth in Sentencing Grant Program.--Fifty percent of the total amount
of funds appropriated to carry out this subtitle for each of fiscal years
1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in
Sentencing Incentive Grants. To be eligible to receive such a grant, a State
must meet the requirements of section 20101(b) and shall demonstrate that the
State--
(1) has in effect laws which require that persons convicted of
violent crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent offenders
sentenced to prison;
(B) has increased the average prison time which will be served in
prison by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will be served
in prison by violent offenders sentenced to prison; and
(D) has in effect at the time of application laws requiring that
a person who is convicted of a violent crime shall serve not less
than 85 percent of the sentence imposed if--
(i) the person has been convicted on 1 or more prior
occasions in a court of the United States or of a State of a
violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was committed
after the defendant's conviction of the preceding violent crime
or serious drug offense.
(b) Allocation of Truth in Sentencing Incentive Funds.--
(1) Formula allocation.--The amount available to carry out this
section for any fiscal year under subsection (a) shall be allocated to
each eligible State in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all States to
the Federal Bureau of Investigation for 1993.
(2) Transfer of unused funds.--On September 30 of each of fiscal
years 1996, 1998, 1999, and 2000, the Attorney General shall transfer to
the funds to be allocated under section 20103(b)(1) any funds made
available to carry out this section that are not allocated to an eligible
State under paragraph (1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
(a) Violent Offender Incarceration Grant Program.--Fifty percent of the
total amount of funds appropriated to carry out this subtitle for each of
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available
for Violent Offender Incarceration Grants. To be eligible to receive such a
grant, a State or States must meet the requirements of section 20101(b).
(b) Allocation of Violent Offender Incarceration Funds.--
(1) Formula allocation.--Eighty-five percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year
under subsection (a) and any amount transferred under section 20102(b)(2)
for that fiscal year shall be allocated as follows:
(A) 0.25 percent shall be allocated to each eligible State except
that the United States Virgin Islands, American Samoa, Guam and the
Northern Mariana Islands each shall be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A)
shall be allocated to each eligible State in the ratio that the
number of part 1 violent crimes reported by such State to the Federal
Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
(2) Discretionary allocation.--Fifteen percent of the sum of the
amount available for Violent Offender Incarceration Grants for any fiscal
year under subsection (a) and any amount transferred under section
20103(b)(3) for that fiscal year shall be allocated at the discretion of
the Attorney General to States that have demonstrated the greatest need
for such grants and the ability to best utilize the funds to meet the
objectives of the grant program and ensure that prison cell space is
available for the confinement of violent offenders.
(3) Transfer of unused formula funds.--On September 30 of each of
fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall
transfer to the discretionary program under paragraph (2) any funds made
available for allocation under paragraph (1) that are not allocated to an
eligible State under paragraph (1).
SEC. 20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle may not exceed
75 percent of the costs of a proposal described in an application approved
under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations regarding the
uses of grant funds received under this subtitle not later than 90 days after
the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall utilize
the best available comparable data regarding the number of violent crimes for
1993 for that State for the purposes of allocation of any funds under this
subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the National
Institute of Corrections and the Director of the Federal Bureau of Prisons
provide technical assistance and training to a State or States that receive a
grant under this subtitle to achieve the purposes of this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the National Institute
of Corrections to assist with an evaluation of programs established with
funds under this subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle--
"boot camp" means a correctional program of not more than 6 months'
incarceration involving--
(A) assignment for participation in the program, in conformity
with State law, by prisoners other than prisoners who have been
convicted at any time of a violent felony;
(B) adherence by inmates to a highly regimented schedule that
involves strict discipline, physical training, and work;
(C) participation by inmates in appropriate education, job
training, and substance abuse counseling or treatment; and
(D) post-incarceration aftercare services for participants that
are coordinated with the program carried out during the period of
imprisonment.
"part 1 violent crimes" means murder and non-negligent manslaughter,
forcible rape, robbery, and aggravated assault as reported to the Federal
Bureau of Investigation for purposes of the Uniform Crime Reports.
"State" or "States" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
Subtitle B--Punishment for Young Offenders
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) In General.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a), is
amended--
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
"PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
"SEC. 1801. GRANT AUTHORIZATION.
"(a) In General.--The Attorney General may make grants under this part to
States, for the use by States and units of local government, for the purpose
of developing alternative methods of punishment for young offenders to
traditional forms of incarceration and probation.
"(b) Alternative Methods.--The alternative methods of punishment referred
to in subsection (a) should ensure certain punishment for young offenders and
promote reduced recidivism, crime prevention, and assistance to victims,
particularly for young offenders who can be punished more effectively in an
environment other than a traditional correctional facility, including--
"(1) alternative sanctions that create accountability and certain
punishment for young offenders;
"(2) restitution programs for young offenders;
"(3) innovative projects, such as projects consisting of education
and job training activities for incarcerated young offenders, modeled, to
the extent practicable, after activities carried out under part B of
title IV of the Job Training Partnership Act (relating to Job Corps) (29
U.S.C. 1691 et seq.) and projects that provide family counseling;
"(4) correctional options, such as community-based incarceration,
weekend incarceration, and electronic monitoring of offenders;
"(5) community service programs that provide work service placement
for young offenders at non-profit, private organizations and community
organizations;
"(6) innovative methods that address the problems of young offenders
convicted of serious substance abuse (including alcohol abuse) and gang-
related offenses; and
"(7) adequate and appropriate after care programs for young
offenders, such as substance abuse treatment, education programs,
vocational training, job placement counseling, family counseling and
other support programs upon release.
"SEC. 1802. STATE APPLICATIONS.
"(a) In General.--
"(1) Submission of application.--To request a grant under this part,
the chief executive of a State shall submit an application to the
Attorney General in such form and containing such information as the
Attorney General may reasonably require.
"(2) Assurances.--An application under paragraph (1) shall include
assurances that Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
"(b) State Office.--The office designated under section 507--
"(1) shall prepare the application as required under subsection (a);
and
"(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting, technical
assistance, grant adjustments, accounting, auditing, and fund
disbursement.
"SEC. 1803. REVIEW OF STATE APPLICATIONS.
"(a) In General.--The Attorney General shall make a grant under section
1801(a) to carry out the projects described in the application submitted by
such applicant under section 1802 upon determining that--
"(1) the application is consistent with the requirements of this
part; and
"(2) before the approval of the application, the Attorney General has
made an affirmative finding in writing that the proposed project has been
reviewed in accordance with this part.
"(b) Approval.--Each application submitted under section 1802 shall be
considered approved, in whole or in part, by the Attorney General not later
than 45 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.
"(c) Restriction.--Grant funds received under this part shall not be used
for land acquisition or construction projects, other than alternative
facilities described in section 1801(b).
"(d) Disapproval Notice and Reconsideration.--The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
"SEC. 1804. LOCAL APPLICATIONS.
"(a) In General.--
"(1) Submission of application.--To request funds under this part
from a State, the chief executive of a unit of local government shall
submit an application to the office designated under section 1802(b).
"(2) Approval.--An application under paragraph (1) shall be
considered to have been approved, in whole or in part, by the State not
later than 45 days after such application is first received unless the
State informs the applicant in writing of specific reasons for
disapproval.
"(3) Disapproval.--The State shall not disapprove any application
submitted to the State without first affording the applicant reasonable
notice and an opportunity for reconsideration.
"(4) Effect of approval.--If an application under subsection (a) is
approved, the unit of local government is eligible to receive funds under
this part.
"(b) Distribution to Units of Local Government.--A State that receives
funds under section 1801 in a fiscal year shall make such funds available to
units of local government with an application that has been submitted and
approved by the State within 45 days after the Attorney General has approved
the application submitted by the State and has made funds available to the
State. The Attorney General may waive the 45-day requirement in this section
upon a finding that the State is unable to satisfy such requirement under
State statutes.
"SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
"(a) State Distribution.--Of the total amount appropriated under this
part in any fiscal year--
"(1) 0.4 percent shall be allocated to each of the participating
States; and
"(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating
States an amount which bears the same ratio to the amount of remaining
funds described in this paragraph as the number of young offenders of
such State bears to the number of young offenders in all the
participating States.
"(b) Local Distribution.--
"(1) In general.--A State that receives funds under this part in a
fiscal year shall distribute to units of local government in such State
for the purposes specified under section 1801 that portion of such funds
which bears the same ratio to the aggregate amount of such funds as the
amount of funds expended by all units of local government for
correctional programs in the preceding fiscal year bears to the aggregate
amount of funds expended by the State and all units of local government
in such State for correctional programs in such preceding fiscal year.
"(2) Undistributed funds.--Any funds not distributed to units of
local government under paragraph (1) shall be available for expenditure
by such State for purposes specified under section 1801.
"(3) Unused funds.-- If the Attorney General determines, on the basis
of information available during any fiscal year, that a portion of the
funds allocated to a State for such fiscal year will not be used by such
State or that a State is not eligible to receive funds under section
1801, the Attorney General shall award such funds to units of local
government in such State giving priority to the units of local government
that the Attorney General considers to have the greatest need.
"(c) General Requirement.--Notwithstanding subsections (a) and (b), not
less than two-thirds of funds received by a State under this part shall be
distributed to units of local government unless the State applies for and
receives a waiver from the Attorney General.
"(d) Federal Share.--The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the projects described in the
application submitted under section 1802(a) for the fiscal year for which the
projects receive assistance under this part.
"(e) Consideration.--Notwithstanding subsections (a) and (b), in awarding
grants under this part, the Attorney General shall consider as a factor
whether a State has in effect throughout such State a law or policy that
requires that a juvenile who is in possession of a firearm or other weapon on
school property or convicted of a crime involving the use of a firearm or
weapon on school property--
"(1) be suspended from school for a reasonable period of time; and
"(2) lose driving license privileges for a reasonable period of time.
"(f) Definition.--For purposes of this part, 'juvenile' means a person 18
years of age or younger.
"SEC. 1806. EVALUATION.
"(a) In General.--
"(1) Submission to the director.--Each State and unit of local
government that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in
accordance with guidelines issued by the Attorney General. Such
evaluation shall include an appraisal by representatives of the community
of the programs funded by the grant.
"(2) Waiver.--The Attorney General may waive the requirement
specified in paragraph (1) if the Attorney General determines that such
evaluation is not warranted in the case of the State or unit of local
government involved.
"(b) Distribution.--The Attorney General shall make available to the
public on a timely basis evaluations received under subsection (a).
"(c) Administrative Costs.--A State or unit of local government may use
not more than 5 percent of funds it receives under this part to develop an
evaluation program under this section.".
(b) Technical Amendment.--The table of contents of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 10003(a), is amended by striking the matter relating to
part R and inserting the following:
"Part R--Certain Punishments for Young Offenders
"Sec. 1801. Grant authorization.
"Sec. 1802. State applications.
"Sec. 1803. Review of State applications.
"Sec. 1804. Local applications.
"Sec. 1805. Allocation and distribution of funds.
"Sec. 1806. Evaluation.
"Part S--Transition--Effective Date--Repealer
"Sec. 1901. Continuation of rules, authorities, and proceedings.".
(c) Definition.--Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), is amended--
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking "and" at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23) and inserting
a semicolon; and
(4) by adding after paragraph (23) the following:
"(24) the term 'young offender' means a non-violent first-time
offender or a non-violent offender with a minor criminal record who is 22
years of age or younger (including juveniles).".
(d) Authorization of Appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 10003(c), is amended--
(1) in paragraph (3) by striking "and Q" and inserting "Q, or R"; and
(2) by adding at the end the following new paragraph:
"(16) There are authorized to be appropriated to carry out projects under
part R--
"(A) $20,000,000 for fiscal year 1996;
"(B) $25,000,000 for fiscal year 1997;
"(C) $30,000,000 for fiscal year 1998;
"(D) $35,000,000 for fiscal year 1999; and
"(E) $40,000,000 for fiscal year 2000.".
Subtitle C--Alien Incarceration
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and Nationality Act (8
U.S.C. 1252) is amended by adding at the end the following new subsection:
"(j) Incarceration.--
"(1) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect to
the incarceration of an undocumented criminal alien submits a written
request to the Attorney General, the Attorney General shall, as
determined by the Attorney General--
"(A) enter into a contractual arrangement which provides for
compensation to the State or a political subdivision of the State, as
may be appropriate, with respect to the incarceration of the
undocumented criminal alien; or
"(B) take the undocumented criminal alien into the custody of the
Federal Government and incarcerate the alien.
"(2) Compensation under paragraph (1)(A) shall be the average cost of
incarceration of a prisoner in the relevant State as determined by the
Attorney General.
"(3) For purposes of this subsection, the term 'undocumented criminal
alien' means an alien who--
"(A) has been convicted of a felony and sentenced to a term of
imprisonment; and
"(B)(i) entered the United States without inspection or at any
time or place other than as designated by the Attorney General;
"(ii) was the subject of exclusion or deportation proceedings at
the time he or she was taken into custody by the State or a political
subdivision of the State; or
"(iii) was admitted as a nonimmigrant and at the time he or she
was taken into custody by the State or a political subdivision of the
State has failed to maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under section 248, or
to comply with the conditions of any such status.
"(4)(A) In carrying out paragraph (1), the Attorney General shall
give priority to the Federal incarceration of undocumented criminal
aliens who have committed aggravated felonies.
"(B) The Attorney General shall ensure that undocumented criminal
aliens incarcerated in Federal facilities pursuant to this subsection are
held in facilities which provide a level of security appropriate to the
crimes for which they were convicted.
"(5) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection, of which the following amounts
may be appropriated from the Violent Crime Reduction Trust Fund:
"(A) $130,000,000 for fiscal year 1995;
"(B) $300,000,000 for fiscal year 1996;
"(C) $330,000,000 for fiscal year 1997;
"(D) $350,000,000 for fiscal year 1998;
"(E) $350,000,000 for fiscal year 1999; and
"(F) $340,000,000 for fiscal year 2000."
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 1994.
(c) Termination of Limitation.--Notwithstanding section 242(j)(5) of the
Immigration and Nationality Act, as added by subsection (a), the requirements
of section 242(j) of the Immigration and Nationality Act, as added by
subsection (a), shall not be subject to the availability of appropriations on
and after October 1, 2004.
Subtitle D--Miscellaneous Provisions
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code, is amended
by inserting after subsection (5) the following: "In designating the place of
imprisonment or making transfers under this subsection, there shall be no
favoritism given to prisoners of high social or economic status.".
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) In General.--Chapter 303 of title 18, United States Code, is amended
by adding at the end the following new section:
"Sec. 4047. Prison impact assessments
"(a) Any submission of legislation by the Judicial or Executive branch
which could increase or decrease the number of persons incarcerated in
Federal penal institutions shall be accompanied by a prison impact statement
(as defined in subsection (b)).
"(b) The Attorney General shall, in consultation with the Sentencing
Commission and the Administrative Office of the United States Courts, prepare
and furnish prison impact assessments under subsection (c) of this section,
and in response to requests from Congress for information relating to a
pending measure or matter that might affect the number of defendants
processed through the Federal criminal justice system. A prison impact
assessment on pending legislation must be supplied within 21 days of any
request. A prison impact assessment shall include--
"(1) projections of the impact on prison, probation, and post prison
supervision populations;
"(2) an estimate of the fiscal impact of such population changes on
Federal expenditures, including those for construction and operation of
correctional facilities for the current fiscal year and 5 succeeding
fiscal years;
"(3) an analysis of any other significant factor affecting the cost
of the measure and its impact on the operations of components of the
criminal justice system; and
"(4) a statement of the methodologies and assumptions utilized in
preparing the assessment.
"(c) The Attorney General shall prepare and transmit to the Congress, by
March 1 of each year, a prison impact assessment reflecting the cumulative
effect of all relevant changes in the law taking effect during the preceding
calendar year.".
(b) Technical Amendment.--The chapter analysis for chapter 303 is amended
by adding at the end the following new item:
"4047. Prison impact assessments.".
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF IMPRISONMENT,
RELEASE, AND PROBATION.
(a) Imposition of Sentence.--Section 3572(a) of title 18, United States
Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and
(8), respectively; and
(2) by inserting after paragraph (5) the following new paragraph:
"(6) the expected costs to the government of any imprisonment,
supervised release, or probation component of the sentence;".
(b) Duties of the Sentencing Commission.--Section 994 of title 28, United
States Code, is amended by adding at the end the following new subsection:
"(y) The Commission, in promulgating guidelines pursuant to subsection
(a)(1), may include, as a component of a fine, the expected costs to the
Government of any imprisonment, supervised release, or probation sentence
that is ordered.".
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior to
November 1, 1987, the reference to supervised release in section 4042(b) of
title 18, United States Code, shall be deemed to be a reference to probation
or parole.
SEC. 20405. CREDITING OF "GOOD TIME".
Section 3624 of title 18, United States Code, is amended--
(1) by striking "he" each place it appears and inserting "the
prisoner";
(2) by striking "his" each place it appears and inserting "the
prisoner's";
(3) in subsection (d) by striking "him" and inserting "the prisoner";
and
(4) in subsection (b)--
(A) in the first sentence by inserting "(other than a prisoner
serving a sentence for a crime of violence)" after "A prisoner"; and
(B) by inserting after the first sentence the following: "A
prisoner who is serving a term of imprisonment of more than 1 year
for a crime of violence, other than a term of imprisonment for the
duration of the prisoner's life, may receive credit toward the
service of the prisoner's sentence, beyond the time served, of up to
54 days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the term,
subject to determination by the Bureau of Prisons that, during that
year, the prisoner has displayed exemplary compliance with such
institutional disciplinary regulations.".
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND TECHNIQUES.
(a) Task Force.--The Director of the National Institute of Corrections
shall, subject to availability of appropriations, establish a task force
composed of Federal, State, and local officials expert in prison
construction, and of at least an equal number of engineers, architects, and
construction experts from the private sector with expertise in prison design
and construction, including the use of cost-cutting construction
standardization techniques and cost-cutting new building materials and
technologies.
(b) Cooperation.--The task force shall work in close cooperation and
communication with other State and local officials responsible for prison
construction in their localities.
(c) Performance Requirements.--The task force shall work to--
(1) establish and recommend standardized construction plans and
techniques for prison and prison component construction; and
(2) evaluate and recommend new construction technologies, techniques,
and materials,
to reduce prison construction costs at the Federal, State, and local levels
and make such construction more efficient.
(d) Dissemination.--The task force shall disseminate information
described in subsection (c) to State and local officials involved in prison
construction, through written reports and meetings.
(e) Promotion and Evaluation.--The task force shall--
(1) work to promote the implementation of cost-saving efforts at the
Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of such
cost-saving efforts as adopted, broadly disseminating information on the
results; and
(3) to the extent feasible, certify the effectiveness of the cost-
savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) In General.--In the administration of each grant program funded by
appropriations authorized by this Act or by an amendment made by this Act,
the Attorney General shall encourage--
(1) innovative methods for the low-cost construction of facilities to
be constructed, converted, or expanded and the low-cost operation of such
facilities and the reduction of administrative costs and overhead
expenses; and
(2) the use of surplus Federal property.
(b) Assessment of Construction Components and Designs.--The Attorney
General may make an assessment of the cost efficiency and utility of using
modular, prefabricated, precast, and pre-engineered construction components
and designs for housing nonviolent criminals.
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT AND
THE NATIONAL LITERACY ACT OF 1991.
(a) Technical Amendment.--The matter preceding paragraph (1) of section
214(d) of the Department of Education Organization Act (20 U.S.C. 3423a(d))
is amended by striking "under subsection (a)" and inserting "under subsection
(c)".
(b) Establishment of a Panel and Use of Funds.--Section 601 of the
National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new subsections:
"(g) Panel.--The Secretary is authorized to consult with and convene a
panel of experts in correctional education, including program administrators
and field-based professionals in adult corrections, juvenile services, jails,
and community corrections programs, to--
"(1) develop measures for evaluating the effectiveness of the
programs funded under this section; and
"(2) evaluate the effectiveness of such programs.
"(h) Use of Funds.--Notwithstanding any other provision of law, the
Secretary may use not more than five percent of funds appropriated under
subsection (i) in any fiscal year to carry out grant-related activities such
as monitoring, technical assistance, and replication and dissemination.".
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter C of chapter
229 of part 2 of title 18, United States Code, is amended by adding at the
end the following new section:
"Sec. 3626. Appropriate remedies with respect to prison crowding
"(a) Requirement of Showing With Respect to the Plaintiff in
Particular.--
"(1) Holding.--A Federal court shall not hold prison or jail crowding
unconstitutional under the eighth amendment except to the extent that an
individual plaintiff inmate proves that the crowding causes the
infliction of cruel and unusual punishment of that inmate.
"(2) Relief.--The relief in a case described in paragraph (1) shall
extend no further than necessary to remove the conditions that are
causing the cruel and unusual punishment of the plaintiff inmate.
"(b) Inmate Population Ceilings.--
"(1) Requirement of showing with respect to particular prisoners.--A
Federal court shall not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equitable remedial
measure for conditions that violate the eighth amendment unless crowding
is inflicting cruel and unusual punishment on particular identified
prisoners.
"(2) Rule of construction.--Paragraph (1) shall not be construed to
have any effect on Federal judicial power to issue equitable relief other
than that described in paragraph (1), including the requirement of
improved medical or health care and the imposition of civil contempt
fines or damages, where such relief is appropriate.
"(c) Periodic Reopening.--Each Federal court order or consent decree
seeking to remedy an eighth amendment violation shall be reopened at the
behest of a defendant for recommended modification at a minimum of 2-year
intervals.".
(b) Application of Amendment.--Section 3626 of title 18, United States
Code, as added by paragraph (1), shall apply to all outstanding court orders
on the date of enactment of this Act. Any State or municipality shall be
entitled to seek modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Technical Amendment.--The subchapter analysis for subchapter C of
chapter 229 of title 18, United States Code, is amended by adding at the end
the following new item:
"3626. Appropriate remedies with respect to prison crowding.".
(d) Sunset Provision.--This section and the amendments made by this
section are repealed effective as of the date that is 5 years after the date
of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) Congressional Approval.--Notwithstanding any other provision of law,
the existing prison facilities and complex at the District of Columbia
Corrections Facility at Lorton, Virginia, shall not be expanded unless such
expansion has been approved by the Congress under the authority provided to
Congress in section 446 of the District of Columbia Self-Government and
Governmental Reorganization Act.
(b) Senate Hearings.--The Senate directs the Subcommittee on the District
of Columbia of the Committee on Appropriations of the Senate to conduct
hearings regarding expansion of the prison complex in Lorton, Virginia, prior
to any approval granted pursuant to subsection (a). The subcommittee shall
permit interested parties, including appropriate officials from the County of
Fairfax, Virginia, to testify at such hearings.
(c) Definition.--For purposes of this section, the terms "expanded" and
"expansion" mean any alteration of the physical structure of the prison
complex that is made to increase the number of inmates incarcerated at the
prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) In General.--Section 401(b)(8) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
"(8) No basic grant shall be awarded under this subpart to any individual
who is incarcerated in any Federal or State penal institution.".
(b) Application of Amendment.--The amendment made by this section shall
apply with respect to periods of enrollment beginning on or after the date of
enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
Section 3624(b) of title 18, United States Code, is amended--
(1) by inserting "(1)" after "behavior.--";
(2) by striking "Such credit toward service of sentence vests at the
time that it is received. Credit that has vested may not later be
withdrawn, and credit that has not been earned may not later be granted."
and inserting "Credit that has not been earned may not later be
granted."; and
(3) by adding at the end the following:
"(2) Credit toward a prisoner's service of sentence shall not be vested
unless the prisoner has earned or is making satisfactory progress toward a
high school diploma or an equivalent degree.
"(3) The Attorney General shall ensure that the Bureau of Prisons has in
effect an optional General Educational Development program for inmates who
have not earned a high school diploma or its equivalent.
"(4) Exemptions to the General Educational Development requirement may be
made as deemed appropriate by the Director of the Federal Bureau of
Prisons.".
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL PRISON
FACILITIES.
(a) Study of Suitable Bases.--The Secretary of Defense and the Attorney
General shall jointly conduct a study of all military installations selected
before the date of enactment of this Act to be closed pursuant to a base
closure law for the purpose of evaluating the suitability of any of these
installations, or portions of these installations, for conversion into
Federal prison facilities. As part of the study, the Secretary and the
Attorney General shall identify the military installations so evaluated that
are most suitable for conversion into Federal prison facilities.
(b) Suitability for Conversion.--In evaluating the suitability of a
military installation for conversion into a Federal prison facility, the
Secretary of Defense and the Attorney General shall consider the estimated
cost to convert the installation into a prison facility and such other
factors as the Secretary and the Attorney General consider to be appropriate.
(c) Time for Study.--The study required by subsection (a) shall be
completed not later than the date that is 180 days after the date of
enactment of this Act.
(d) Construction of Federal Prisons.--
(1) In general.--In determining where to locate any new Federal
prison facility, and in accordance with the Department of Justice's duty
to review and identify a use for any portion of an installation closed
pursuant to title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526) and the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510), the Attorney General shall--
(A) consider whether using any portion of a military installation
closed or scheduled to be closed in the region pursuant to a base
closure law provides a cost-effective alternative to the purchase of
real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization
and redevelopment plan; and
(C) give consideration to any installation located in a rural
area the closure of which will have a substantial adverse impact on
the economy of the local communities and on the ability of the
communities to sustain an economic recovery from such closure.
(2) Consent.--With regard to paragraph (1)(B), consent must be
obtained from the local re-use authority for the military installation,
recognized and funded by the Secretary of Defense, before the Attorney
General may proceed with plans for the design or construction of a prison
at the installation.
(3) Report on basis of decision.--Before proceeding with plans for
the design or construction of a Federal prison, the Attorney General
shall submit to Congress a report explaining the basis of the decision on
where to locate the new prison facility.
(4) Report on cost-effectiveness.--If the Attorney General decides
not to utilize any portion of a closed military installation or an
installation scheduled to be closed for locating a prison, the report
shall include an analysis of why installations in the region, the use of
which as a prison would be consistent with a reutilization and
redevelopment plan, does not provide a cost-effective alternative to the
purchase of real property or construction of new prison facilities.
(e) Definition.--In this section, "base closure law" means--
(1) the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
(2) title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING--FEDERAL OFFENDERS.
(a) Drug Testing Program.--
(1) In general.--Subchapter A of chapter 229 of title 18, United
States Code, is amended by adding at the end the following new section:
"Sec. 3608. Drug testing of Federal offenders on post-conviction release
"The Director of the Administrative Office of the United States Courts,
in consultation with the Attorney General and the Secretary of Health and
Human Services, shall, subject to the availability of appropriations,
establish a program of drug testing of Federal offenders on post-conviction
release. The program shall include such standards and guidelines as the
Director may determine necessary to ensure the reliability and accuracy of
the drug testing programs. In each judicial district the chief probation
officer shall arrange for the drug testing of defendants on post-conviction
release pursuant to a conviction for a felony or other offense described in
section 3563(a)(4).".
(2) Technical amendment.--The subchapter analysis for subchapter A of
chapter 229 of title 18, United States Code, is amended by adding at the
end the following new item:
"3608. Drug testing of Federal offenders on post-conviction release.".
(b) Conditions of Probation.--Section 3563(a) of title 18, United States
Code, is amended--
(1) in paragraph (2) by striking "and" after the semicolon;
(2) in paragraph (3) by striking the period and inserting "; and";
(3) by adding at the end the following new paragraph:
"(4) for a felony, a misdemeanor, or an infraction, that the
defendant refrain from any unlawful use of a controlled substance and
submit to one drug test within 15 days of release on probation and at
least 2 periodic drug tests thereafter (as determined by the court) for
use of a controlled substance, but the condition stated in this paragraph
may be ameliorated or suspended by the court for any individual defendant
if the defendant's presentence r | | |
