Report 103 694 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 CONFERENCE REPORT TO ACCOMPANY H.R. 3355 AUGUST 10, 1994. Ordered to be printed U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1994 103D Congress 2d Session House of Representatives VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 August 10, 1994. Ordered to be printed Mr. BROOKS, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.R. 3355] The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the amendment of the Senate to the bill (H.R. 3355), to amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as 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. a. TABLE OF CONTENTS. The following is the table of contents for this Act: Sec. 1 Short title Sec. 2 Table of contents. TITLE I--PUBLIC SAFETY AND POLICING Sec. 10001. Short title. Sec. 10002. Purposes. Sec. 10003. Community policing; "Cops on the Beat". TITLE 11--PRISONS Subtitle A--Violent Offender Incarceration and Truth in &ntencing Incentiue Grants Sec. 20101. Grants for correctional facilities. Sec. 20102. Truth in sentencing incentive grants. Sec. 20103. Violent offender incarceration grants. Sec. 20104. Matching requirement. Sec. 20105. Rules and regulations. Sec. 20106. Technical assistance and training. Sec. 20107. Evaluation. Sec. 20108. Definitions. Sec. 20109. Authorization of appropriations. Subtitle B--Punishment for Young Offenders Sec. 20201. Certainty of punishment for young offenders. Sec. 20202. Grants for community-based violent juvenile facilities. Subtitle C--Alien Incarceration Sec. 20301. Incarceration of undocumented criminal aliens. Subtitle D--Miscellaneous Provisions Sec. 20401. Prisoner's place of imprisonment. Sec. 20402. Prison impact assessments. Sec. 20403. Sentences to account for costs to the Government of imprisonment, release, and probation. Sec. 20404. Application to prisoners to which prior law applies. Sec. 20405. Crediting of "good time" Sec. 20406 Task force on prison construction standardization and techniques. Sec. 20407. Efficiency in law enforcement and corrections. Sec. 20408. Amendments to the Department of Education Organization Act and the National Literacy Act of 1991. Sec. 20409. Appropriate remedies for prison overcrowding. Sec. 20410. Congressional approval of any expansion at Lorton and congressional hearings on future needs. Sec. 20411. Awards of Pell Grants to prisoners prohibited Sec. 20412. Education requirement for early release. Sec. 20413. Conversion of closed military installations into Federal prison facilities. Sec. 20414. Post-conviction release drug testing--Federal offenders. Sec. 20415. Reporting of cash received by criminal court clerks. Sec. 20416. Civil rights of institutionalized persons. Sec. 20417. Notification of release of prisoners. Sec. 20418. Correctional job training and placement. TITLE 111--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--Youth Employment and Skills Crime Prevention Sec. 30201. Youth employment and skills crime prevention grants. Subtitle C--Model Intensive Grant Programs Sec. 30301. Grant authorization. Sec. 30302. Uses of funds. Sec. 30303. Program requirements. Sec. 30304. Applications. Sec. 30305. Reports. Sec. 30306. Definitions. Sec. 30307. Authorization of appropriations. Subtitle D--Family and Community Endeavor Schools Grant Program Sec. 30401. Community schools youth services and supervision grant program. Sec. 30402. Family and Community Endeavor Schools Grant Program. Sec. 30403. Authorization of appropriations. Subtitle E--Police Partnerships for Children Sec. 30501. Definitions. Sec. 30502. Grant authority. Sec. 30503. Administration Sec. 30504. Technical assutance, tram ng, and evaluation. Sec. 30505. Authorization of appropriations. Subtitle F--Midnight Sports Sec. 30601. Grants for midnight sports league anticrime programs. 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 I--National Trial Program Sec. 30901. Purposes. Sec. 30902. National assessment and dissemination. Sec. 30903. Pilot programs. Sec. 30904. Training assistance, evaluation, and dissemination awards. Sec 30905. Report. Sec 30906. 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 L--Gang Prevention Services for Boys and Girls Sec. 31201. Program authority. Sec. 31202. Program requirements. Sec. 31203. Eligible providers. Sec. 31204. Eligible participants. Sec. 31205. Applications process. Sec. 31206. Evaluation. Sec. 31207. Authorization of appropriations. Subtitle M--Olympic Youth Development Centers Sec. 31301. Olympic youth development centers. Subtitle N--Anticrime Youth Councils Sec. 31401. Purpose. Sec. 31402. Authority to make grants Sec. 31403. Application for grants Sec. 31404. Selection of grant recipients. Sec. 31405. Authorization of appropriations. Subtitle O--Urban Recreation and At-Risk Youth Sec. 31501. Purpose of assistance Sec. 31502. Definition. Sec. 31503. Criteria for selection. Sec. 31504. Park and recreation action recovery programs. Sec. 31505. Miscellaneous and technical amendments. Subtitle P--Boys and Girls Clubs in Public Housing Sec. 31601. Establishment. Sec. 31602. Report. Sec. 31603. Authorization of appropriations. Subtitle Q--Community-Based Justice Grants for Prosecutors Sec. 31701. Grant authorization. Sec. 31702. Use of funds. Sec. 31703. Applicationu. Sec. 31704. Allocation of funds; limitations on grants. Sec. 31705. Award of grants Sec. 31706. Reports. Sec. 31707. Authorization of appropriations. Sec. 31708. Definition. Subtitle R--Child Safety Sec. 31801. Short title. Sec. 31802. Purpose. Sec. 31803. Demonstration grants for supervised visitation centers. Sec. 31804. Demonstration grant application. Sec. 31805. Evaluation of demonstration projects Sec. 31806. Special grants to study the effect of supervised visitation on sexually abused or severely physically abused children. Sec. 31807. Reporting Sec. 31808. Authorization of appropriations. Subtitle S--Family Unity Demonstration Project Sec. 31901. Short title. Sec. 31902. Purpose. Sec. 31903. Definitions. Sec. 31904. Authorization of appropriations. CHAPTER I--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 abuge 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 W--Hope in Youth Program Sec. 32301. Program authority. Sec. 32302. Program requirements Sec 32303. Eligible providers. Sec 32304. Applications. Sec. 32305. Evaluation. Sec. 32306. Definition. Sec. 32307. Authorization of appropriations. 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 I--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 uiolence 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 l--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 I--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS Sec. 40411. Grants authorized Sec. 40412. Training provided bygrants. 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 Wornen and Children Sec. 40701. Alien petitioning rights for immediate relative or second preference sta 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 Vl--DEATN PENALTY 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 con- spiracies. 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 Vll--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. Sec. 80002. Special rule for sentences imposed for offenses subject to sentencing guidelines. 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 Amendment 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 Xl--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 request 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--Drug 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 Xll--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 Xlll--CRIMINAL ALIENS AND IMUIGRATION 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 cnminal 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 streetgangs. Sec. 150002. Adult prosecution of serious juvenile offenders. Sec. 150003. Addition of anti-gang byrne grant funding objective. Sec. 150004. Juvenile drug trafficking and gang prevention grants. Sec. 150005. Grants for youth development centers. 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 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. 10 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 enforcerment 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. 1142. Definitions. Sec. 200203. Allotment. Sec. 200204. Establishrnent 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 ENFORCEUENT 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. Auailability 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--Victirns 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 XXlV--PROTECTIONS FOR THE ELDERLY Sec. 240001. Missing Alzheimer's Disease Patient Alert Program. Sec. 240002. Crimes against the elderly. Sec. 240003. Safe senior corridors grant. 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. &c. 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 &ntencing 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 CRlME 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 h~ xxxrl--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 or 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. Crime 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 UnionAct amendments. Sec 320607. Addition of predicate offenses to financial institutions rewards statute. Sec. 320608. Definition of savings and loan associations for purposes of the offense of bank robbery and related offenses. Sec. 320609. Definition of l-year period for purposes of the offense of obstruction of a Federal audit. Subtitle G--Safer Streets and Neighborhoods Sec. 320701. Short title. .~o,- Sec. 20702. 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 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. 320925. National Center for Criminal Justice Research and Education. Sec. 320926 Hate Crime Statistics Act. Secù 320927. Exemption from Brady background check requirement of return of S handgun to owner, Sec. 320928. Amendment of the National Child Protection Act of 1993. Sec. 320929. Tennessee Valley Authority law enforcement personnel. Sec. 320930. Criminal justice and substance abuse treatment training. Sec. 320932. Assistant United States attorney residency. Sec. 320923. Labels on products. TITLE XXIII--TECHNICAL CORRECTIONS Sec. 330001. Amendments relating to Federal financial assistance for law enforcement. Sec. 330002. General title 18corrections. 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 tltle 18 to eliminate duplicate predicate cnmes. 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 f ne 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. 15 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. 170. 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 (V(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 (l)(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 offi- cers 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 17 "(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 (z). "(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 18 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 in- creased 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)(1k "(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 inkind 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; 19 "(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 govern- ments, 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 ~J;75,000, unless the Attorney General grants a waiver from this limitation. "SEC. 170~;. 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 imple- mentations. 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 or 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 1706, 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 ties 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. c. 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 or 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 or- ganized 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 o, 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: ''(IV(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; 22 "(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 three 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 develop, expand, modify, operate, or improve correctional facilities and programs, including boot camp facilities and programs and other alternative confinement facilities and programs 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, includ- ing 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 of- fenders, including violent juvenile offenders, and that the pris- on time served is appropriately related to the determination 23 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 develop, expand, modify, operate, or improve correctional facilities and programs 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 development, expansion, modification, operation or improvement of correctional facilities and programs 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 development, expansion, modification, operation, or improvement of correctional facilities and programs; 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.--Forty percent of the total amount of funds appropriated to carry out this subtitle for 24 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 of fenders 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 pre ceding 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.-- Sixty 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 25 Samoa, Guam and the Northern Mariana Islands each shall be allocated 0.05 percent. (B) The amount remaining after application of sub paragraph (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 ap- plication 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-- 26 (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 sub (1) $175,000,000 for fiscal year 1995, of which$175,000,000 may be appropriated from the Violent Crime Reduction Trust Fund (2) $940,000,000 for fiscal year 1996, of which$500,000,000 may be appropriated from the Violent Crime Reduction Trust Fund; (3) $1,240,000,000 for fiscal year 1997, of which $800,000,000 may be appropriated from the Violent Crime Reduction Trust Fund, (4) $1,740,000,000 for fiscal year 1998, of which $1,300,000,000 may be appropriated from the Violent Crime Reduction Trust Fund (5) $2,290,000,000 for fiscal year 1999, of which$1,850,000,000 may be appropriated from the Violent Crime Reduction Trust Fund; and (6) $2,310,000,000 for fiscal year 2000, of which $1,870,000,000 may be appropriated from the Violent Crime Reduction Trust Fund. 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- (I) 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: 27 "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- "(I) 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.- (I) 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 (V 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-"(I) shall prepare the application as required under subsection (a): and 28 "(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. .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 (V 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 29 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. 30 (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 (V 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 "(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 firsttime 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-- 31 "(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 subdivi- sion 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 fol- 32 lowing 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: "4047. Prison impact amendment. "(a) Any submission of legislation by the Judicial or Executive branch which could increase or decrease the number of persons incarcerated or 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 compo- nents of the criminal justice system, and "(4) a statement of the methodologies and assumptions utilized i preparing the assessment. 33 "(c) The Attorney General shall prepare and transmit to the Congress, by March 1 of each year, a prison impact assessment re- flecting the cumulative effect of all relevant changes in the law tak- ing 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 para- graph: "(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 ref- erence 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 im- prisonment for the duration of the prisoner's life, may re- ceive credit toward the service of the prisoner's sentence, be- yond 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 determina- tion by the Bureau of Prisons that, during that year, the 34 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 con- struction; 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 in- formation 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 fa- cilities to be constructed, converted, or expanded and the low- cost operation of such facilities and the reduction of administra- tive costs and overhead expenses; and (2) the use of surplus Federal property. (b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DE SIGNS.--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. 35 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, "(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: "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 36 equitable relief other than that described in paragraph (1), in- cluding 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 AA~--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 OF 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 insti- tution.". (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 "(I)" after "behavior.--"; 37 (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 AND OF 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 Author- ization Amendments and Base Closure and Realignment Act (Public Law 100~26) and the Defense Base Closure and Re- alignment Act of 1990 (part A of title XXIX of Public Law 101- ~10), 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 ad- 38 verse impact on the economy of the local communities and on the ability of the communities to sustain an economic re- covery 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 OF 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: "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 of- fenders 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-- 39 (1) in paragraph (2) by striking "and" after the semicolon; (2) in paragraph (3) by striking the period and inserting ', (3) by adding at the end the following new paragraph: "(4) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant."; and (4) by adding at the end the following: "The results of a drug test administered in accordance with paragraph (4) shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A defendant who tests positive may be detained pending verification of a positive drug test result. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may de- termine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3565(b), when considering any action against a defendant who fails a drug test administered in accordance with paragraph (4).". (C) CONDITIONS OF SUPERVISED RELEASE.--Section 3583(d) of title 18, United States Code, is amended by inserting after the first sentence the following: "The court shall also order, as an explicit condition of supervised release, that the defendant refrain from any unlawful use of a controlled substance and submit to a drug test within 15 days of release on supervised release and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the court as provided in section 3563(a)(4). The results of a drug test administered in accordance with the preceding subsection shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate sub INSERT 40 AND 41 42 SEC. 20416. CIVIL RIGHTS OF NATIONALIZED PERSONS. (a) EXHAUSTION OF ADMINISTRATIVE REMEDIES. Section 7 of The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) as amended-- (1) in subsection (a) (A) in paragraph (1), by striking "ninety days" and in- serting "180 days"; and (B) in paragraph (2), by inserting before the period at the end the following: "or are otherwise fair and effective"; and (2) in subsection (c) (A) in paragraph (V by inserting before the period at the end the following: "or are otherwise fair and effective"; and (B) in paragraph (2) by inserting before the period at the end the following: "or is no longer fair and effective".(b) EFFECTIVE DATE.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS. Section 4042 of title 18, United States Code, is amended-- (1) by striking "The Bureau" and inserting "(a) IN GEN- ERAL--The Bureau"; (2) by striking "This section' and inserting "(c) APPLICA- TION OF SECTION.--This section"; (3) in paragraph (4) of subsection (a), as designated by paragraph (1)-- (A) by striking "Provide" and inserting "provide"- and (B) by striking the period at the end and inserting "; (4) by inserting after paragraph (4) of subsection (a), as designated by paragraph (1), the following new paragraph: "(5) provide notice of release of prisoners in accordance with subsection (b)."; and (5) by inserting after subsection (a), as designated by para- graph (1), the following new subsection: (b) NOTICE OF RELEASE OF PRISONERS. (1) At least 5 days prior to the date on which a prisoner described in paragraph (3) is to be released on supervised release, or, in the case of a prisoner on supervised release, at least 5 days prior to the date on which the prisoner changes residence to a new jurisdiction, written notice of the release or change of residence shall be provided to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside. Notice prior to release shall be provided by the Director of the Bureau of Prisons. Notice concerning a change of residence following release shall be provided by the probation officer responsible for the supervision of the released prisoner, or in a manner specified by the Director of the Administrative Office of the United States Courts The notice requirements under this subsection do not apply in relation to a prisoner being protected under chapter 224. "(2) A notice under paragraph (V shall disclose-- "(A) the prisoner's name; "(B) the prisoner's criminal history, including a description of the offense of which the prisoner was convicted: and 43 "(C) any restrictions on conduct or other conditions to the release of the prisoner that are imposed by law, the sentencing court, or the Bureau of Prisons or any other Federal agency. "(3) A prisoner is described in this paragraph if the prisoner was convicted of-- "(A) a drug trafficking crime, as that term is defined in section 924(c)(2); or "(B) a crime of violence (as defined in section 924(c)(3)). "(4) The notice provided under this section shall be used solely for law enforcement purposes.". SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT. (a) PURPOSE.--It is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders. (b) DEFINITIONS.--As used in this section: (1) CORRECTIONAL INSTITUTION.--The term correctional institution" means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM.--The term correctional job training or placement program" means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services. (3) EX-OFFENDER.--The term "ex-offender means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution. (4) INCARCERATED PERsON.--The term "incarcerated person" means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense. (C) ESTABLISHMENT OF OFFICE.-- (1) IN GENERAL.--The Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director who shall be appointed by the Attorney General. (2) TIMING.--The Attorney General shall carry out this subsection not later than 6 months after the date of enactment of this section. (d) FUNCTIONS OF OFFICE.--The Attorney General, acting through the Director of the Office of Correctional Job Training and Placement, in consultation with the Secretary of Labor, shall-- (1) assist in coordinating the activities of the Federal Bonding Program of the Department of Labor, the activities of the Department of Labor related to the certification of eligibility for targeted jobs credits under section 51 of the Internal Revenue Code of 1986 with respect to ex-offenders, and any other correctional job training or placement program of the Department of Justice or Department of Labor; (2) provide technical assistance to State and local employment and training agencies that-- 44 (A) receive financial assistance under this Act; or (B) receive financial assistance through other programs carried out by the Department of Justice or Department of Labor, for activities related to the development of employ- ability; (3) prepare and implement the use of special staff training materials, and methods, for developing the staff competencies needed by State and local agencies to assist incarcerated persons and ex-offenders in gaining marketable occupational skills and Job placement (4) prepare and submit to Congress an annual report on the activities of the Office of Correctional Job Training and Placement, and the status of correctional job training or placement programs in the United States; (5) cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States; (6) consult with, and provide outreach to-- (A) State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and (B) other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor; (7) collect from States information on the training accomplishments and employment outcomes of a sample of incarcerated persons and ex-offenders who were served by employment or training programs carried out, or that receive financial assistance through programs carried out, by the Department of Justice or Department of Labor; and (8)(A) collect from States and local governments information on the development and implementation of correctional job training or placement programs; and (B) disseminate such information, as appropriate. TITLE III--CRIME PREVENTION Subtitle A--Ounce of Prevention Council SEC. 30101. OUNCE OF PREVENTION COUNCIL (a) ESTABLISHMENT.-- (1) IN GENERAL.--There is established an Ounce of Prevention Council (referred to in this title as the "Council"), the members of which-- (A) shall include the Attorney General, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Sec- retary of Labor, the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of the Interior, and the Direc- tor of the Office of National Drug Control Policy; and (B) may include other officials of the executive branch as directed by the President. 45 (2) CHAIR.--The President shall designate the Chair of the Council from among its members (referred to in this title as the "Chair"). (3) STAFF.--The Council may employ any necessary staff to carry out its functions, and may delegate any of its functions or powers to a member or members of the Council. (b) PROGRAM COORDINATION.--For any program authorized under the Violent Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention Council Chair, only at the request of the Council member with jurisdiction over that program, may coordinate that program, in whole or in part, through the Council. (C) ADMINISTRATIVE RESPONSIBILITIES AND POWERS.--In addition to the program coordination provided in subsection (b), the Council shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program catalogue, provision of assistance to communities and community based organizations seeking information regarding crime prevention programs and integrated program service delivery, and development of strategies for program integration and grant simplification. The Council shall have the authority to audit the expenditure of funds received by grantees under programs administered by or coordinated through the Council. In consultation with the Council, the Chair may issue regulations and guidelines to carry out this subtitle and programs administered by or coordinated through the Council. SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM. (a) IN GENERAL.--The Council may make grants for-- (1) summer and after-school (including weekend and holiday) education and recreation programs; (2) mentoring, tutoring, and other programs involving participation by adult role models (such as D.A.R.E. America); (3) programs assisting and promoting employability and job placement; and (4) prevention and treatment programs to reduce substance abuse, child abuse, and adolescent pregnancy, including outreach programs for at-risk families. (b) APPLICANTS.--Applicants may be Indian tribal governments cities, counties, or other municipalities, school boards, colleges and universities, private nonprofit entities, or consortia of eligible applicants. Applicants must show that a planning process has occurred that has involved organizations, institutions, and residents of target areas, including young people, and that there has been cooperation between neighborhood-based entities, municipality-wide bodies, and local private-sector representatives. Applicants must demonstrate the substantial involvement of neighborhood-based entities in the carrying out of the proposed activities. Proposals must demonstrate that a broad bast- of collaboration and coordination will occur in the implementation of the proposed activities, involving cooperation among youth-serving organizations, schools, health and social service providers, employers, law enforcement professionals, local government, and residents of target areas, including young people. Applications shall be geographically based in particular neighborhood or sections of municipalities or particular segments of rural areas, and applications shall demonstrate how programs will serve substantial proportions of children and youth resident in the target 46 area with activities designed to have substantial impact on their lives. (c) PRIORITY.--In making such grants, the Council shall give preference to coalitions consisting of a broad spectrum of community-based and social service organizations that have a coordinated team approach to reducing gang membership and the effects of substance abuse, and providing alternatives to at-risk youth. (d) FEDERAL SHARE.-- (1) IN GENERAL.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the applications submitted under subsection (b) for the fiscal year for which the projects receive assistance under this title. (2) WAIVER.--The Council may waive the 25 percent matching requirement under paragraph (1) upon making a determination that a waiver is equitable in view of the financial circumstances affecting the ability of the applicant to meet that requirement. (3) NON-FEDERAL SHARE.--The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services. (4) NONSUPPLANTING REQUIREMENT.--Funds made available under this title to a governmental entity shall not be used to supplant State or local funds, or in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this title, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. (5) EVALUATION.--The Council shall conduct a thorough evaluation of the programs assisted under this title. SEC. 30103. DEFINITION. In this subtitle, "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 30104. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this sub (1) $3,000,000 for fiscal year 1995; (2) $15,000,000 for fiscal year 1996; (3) $20,000,000 for fiscal year 1997; (4) $20,000,000 for fiscal year 1998; (5) $21,000,000 for fiscal year 1999; and (6) $21,000,000 for fiscal year 2000. 47 Subtitle B--Youth Employment and SKills Crime Prevention SEC. 30201. YOUTH EMPLOYMENT AND SKILLS CRIME PREVENTION GRANTS. (a) IN GENERAL.--Part H of title IV of the Job Training Partnership Act (29 U.S.C. 1782 et seq.) is amended-- (V by striking section 495; (2) by redesignating sections 496, 497, 498, and 498A as sections 495, 496, 497, and 497A, respectively; (3) by striking "this part" each place it appears and inserting "the provisions of this part other than section 498"; and (4) by adding at the end the following new section: "Sec. 498. YOUTH EMPLOYMENT AND S~ILLS CRIME PREVENTION GRANTS. "(a) STATEMENT OF PURPOSE.--The purpose of this section is to test the proposition that crime can be reduced in neighborhoods with high incidences of crime and poverty through a saturation jobs program, offered either separately or in conjunction with the services provided for under other sections of the Youth Fair Chance Program, that provides employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults in those neighborhoods. "(b) PROGRAM AUTHORIZATION.--The Secretary, in conjunction with the Attorney General, Secretary of Health and Human Services, and Secretary of Housing and Urban Development and in consultation with other appropriate Federal officials, including the Ounce of Prevention Council and the Community Empowerment Board, may make Youth Employment and Skills Crime Prevention grants authorized under this section to eligible entities for the purpose of providing a job saturation program for youth in target areas, as determined under subsection (c), to reduce crime. "(c) PROGRAM TARGET AREA--The target area of each grant shall be a neighborhood that-- "(1) is an area with severe crime problems, including a high incidence of violent crime or drug trafficking, or a history of street gang activity; "(2) is a high poverty area (as defined in section 497A(2)) or set of contiguous high poverty areas; "(3) is an area with a population consistent with the requirements of section 494(b)(1)(B), except that in appropriate circumstances, the Secretary, in conjunction with the Attorney General and the Secretary of Housing and Urban Development, may waive this limitation, and "(4) is located in an area that meets the requirements of a participating community under section 497A(1). (d) PARTICIPANTS.-- "(1) ELIGIBLE POPULATION.--Young adults residing or attending school in a target area shall be eligible to participate in programs under this section if such individuals are 16 through 25 years of age. In certain circumstances, as determined by the Secretary in conjunction with the Attorney Gen- 48 eral and Secretary of Housing and Urban Development, youths aged 14 or 15 may also be eligible to participate. (2) RESPONSIBLE BEHAVIOR BY PARTICIPANTS.--Continued participation in a program under this section shall be conditioned, during participation in the program, on-- "(A) avoiding crime, including illegal drug use; "(B) regular attendance and satisfactory performance at work; "(C) paying child support when paternity has been established and the participant has an income; "(D) in-school participants, who are under the age of 18, remaining in school until graduation; and "(E) encouraging eligible participants who have dropped out of high school and who have not obtained a General Equivalency Diploma (GED) to return to school or an alternative education program. "(e) APPLICATION FOR GRANTS.-- "(1) IN GENERAL.--To be eligible to receive a grant under this section, a chief elected official (as described in section 493(c)), on behalf of a target area meeting the criteria set forth in subsection (c), shall apply to the Secretary of Labor for a Youth Employment and Skills Crime Prevention grant by submitting an application that contains a plan for reducing crime by substantially increasing employment levels of young adults in the area. "(2) CONTENTS.--A plan under paragraph (1) shall-- "(A) describe the private sector, nonprofit, and public sector components of the target area's job saturation strategy to reduce crime by substantially increasing the employment levels of young adults in that area, and describe, to the extent practicable, the nature of the employment opportunities that will be generated for young adults residing or attending school in the target areas; "(B) describe the outcomes that will be used to evaluate the local success of the program, including reducing crime and substance abuse and increasing employment for young adults in the target area; "(C) specify the organization that shall administer the program; "(D) describe the public/private partnership that will promote collaboration between the State and local governments; local job training, education, and employment; public housing agencies and authorities; local residents, community-based organizations, and nonprofit organizations; and local community policing, gang prevention activities, substance abuse treatment and prevention programs, and juvenile justice or delinquency prevention initiatives; "(E) describe how the public and private sectors will work together to assist young adults to make the transition from subsidized to unsubsidized jobs; "(F) describe the extent of the local commitment of resources to the program, including the commitment of substantial resources by the last year of the program; and 49 "(G) provide such other information as the Secretary, in conjunction with the Attorney General and the Secretary of Housing and Urban Development, may require. "(f) AWARD PRIORITIES.--In evaluating the applications submitted for Youth Employment and Skills Crime Prevention grants, the secretary and the Attorney General and Secretary of Housing and Urban Development shall give priority to applications that-- "(1) demonstrate extensive community support, linkages among the local